All Pipe Fire Services Pty Ltd & CEPU NSWNFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019

1

Fair Work Act 2009 
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, 

Plumbing and Allied Services Union of Australia; All Pipe Fire Services Pty 

Ltd
(AG2016/5817)

ALL PIPE FIRE SERVICES PTY LTD & CEPU NSW/NFIA 

SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE 

AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry

COMMISSIONER GREGORY MELBOURNE, 6 OCTOBER 2016

Application for approval of the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler 
Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the 
All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union 
Enterprise Agreement NSW & ACT 2015 - 2019 (the Agreement). The application was made 
pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied 
Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to 
this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing 
and Allied Services Union of Australia being a bargaining representative for the Agreement, 
has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance 
with s.201(2) I note that the Agreement covers the organisation.

[2016] FWCA 7195

DECISION


AUSTRALIA FairWork Commission




 



[2016] FWCA 7195

2

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
13 October 2016. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE421522  PR586189


THE FAIR WORK COMMISSION THE SEAL




 



All Pipe Fire Services Pty Ltd & 

CEPU NSW /NFIA Sprinkler Fitting Fire 

Protection Union Enterprise Agreement 

NSW & ACT 2015- 2019. 


EMPLOYEES National Fire Industry Association SIMSPROUD TO UB UNTO ,TRADES UNION New South Wales All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.




 



Clause No. Name Page No. 

1 Title 2 
2 Parties and Persons Bound 2 
3 Intentions of the Parties 2 
4 Lodgement and Date of Operation of Agreement 2 
5 No Extra Claims and Increases to Wages and Allowances 3 
6 Definitions & Interpretations 3 
7 Types of Employment 5 
8 Engagement of Subcontractors 6 
9 Industry Compliance 7 

10 Payment of Wages 7 
11 Fares and Travelling 8 
12 Allowances & Expenses 10 
13 Charge Hands 15 
14 Special Working Conditions 15 
15 Time Records 16 
16 Employee and Employer Duties 17 
17 Licence and Registration 17 
18 Mixed Functions 17 
19 Superannuation 17 
20 Long Service Leave 18 
21 Redundancy/Severance 18 
22 Retrenchment Selection Criteria 20 
23 Top-up workers compensation/24 Hour Accident Cover & Sickness Insurance 21 
24 Rostered Days Off and Paid Leisure Days 21 
25 Hours of Work 22 
26 Work breaks 23 
27 Overtime- Construction Only 24 
28 Weekend Work 25 
29 Night Shift 25 
30 Holidays and Sunday Work 26 
31 Family Picnic Day 27 
32 Personal/Carer's Leave And Compassionate Leave 28 
33 Annual Leave 28 
34 Parental Leave 28 
35 Termination of Employment 28 
36 Apprentices 29 
37 Structured Vocational Training 33 
38 Tools 34 
39 Protective Clothing 34 
40 Consultative Mechanisms 34 
41 Work Health and Safety 35 
42 Inclement Weather 35 
43 Anti-Discrimination 36 
44 Jury Service & Community Service Leave 36 
45 Disputes Resolution Procedure 37 
46 Service Work Only 39 
47 Workplace flexibility 40 
48 Model Consultation Clause 41 
49 Employee Representation 43 
so Code Compliance I Severability 45 
51 Sham Contracting 46 
52 Signatories 47 
53 Appendix A- Wage Rates and Allowances 48 
54 Appendix B- Rates Schedule 54 
55 Appendix C- Chart of Entitlements. 54 

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Agreement NSW & ACT 2015- 2019. Page- 1 


Clause No. Name Page No. 1 Title 2 2 Parties and Persons Bound 2 3 Intentions of the Parties 2 4 Lodgement and Date of Operation of Agreement 2 5 No Extra Claims and Increases to Wages and Allowances 3 6 Definitions & Interpretations 3 7 Types of Employment 5 8 Engagement of Subcontractors 6 9 Industry Compliance 7 10 Payment of Wages 7 11 Fares and Travelling 8 12 Allowances & Expenses 10 13 Charge Hands 15 14 Special Working Conditions 15 15 Time Records 16 16 Employee and Employer Duties 17 17 Licence and Registration 17 18 Mixed Functions 17 19 Superannuation 17 20 Long Service Leave 18 21 Redundancy/Severance 18 22 Retrenchment Selection Criteria 20 23 Top-up workers compensation/24 Hour Accident Cover & Sickness Insurance 21 24 Rostered Days Off and Paid Leisure Days 21 25 Hours of Work 22 26 Work breaks 23 27 Overtime - Construction Only 24 28 Weekend Work 25 29 Night Shift 25 30 Holidays and Sunday Work 26 31 Family Picnic Day 27 32 Personal/Carer's Leave And Compassionate Leave 28 33 Annual Leave 28 34 Parental Leave 28 35 Termination of Employment 28 36 Apprentices 29 37 Structured Vocational Training 33 38 Tool 34 39 Protective Clothing 34 40 Consultative Mechanisms 34 41 Work Health and Safety 35 42 Inclement Weather 35 43 Anti-Discrimination 36 44 Jury Service & Community Service Leave 36 45 Disputes Resolution Procedure 37 46 Service Work Only 39 47 Workplace flexibility 40 48 Model Consultation Clause 41 49 Employee Representation 43 50 Code Compliance / Severability 45 51 Sham Contracting 46 52 Signatories 47 53 Appendix A - Wage Rates and Allowances 48 54 Appendix B - Rates Schedule 54 55 Appendix C - Chart of Entitlements. 54 All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 1




 



1. TITLE 

1.1 This Agreement will be known as the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA 
Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015- 2019. 

2. PARTIES AND PERSONS BOUND 

2.1 This Agreement will be binding upon each of the following: 

(a) All Pipe Fire Services Pty Ltd ("Employer") in respect of persons engaged in NSW and 
the ACT employed in connection with the preparing, erecting, fitting, fixing, altering, 
testing, overhauling or repairing of apparatus, pipes and/or fittings in+ and/or outside 
of buildings, ships or other structures for the extinguishment of fire by automatic 
sprinklers and/or other fire protection systems. 

(b) Persons employed by the Employer in NSW and the ACT in connection with the 
preparing, erecting, fitting, fixing, altering, testing, overhauling or repairing of 
apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures 
for the extinguishment of fire by automatic sprinklers and/or other fire protection 
systems ("Employees"). 

(c) The Communications Electrical Electronic Energy Information Postal Plumbing and Allied 
Services Union of Australia ("CEPU"}. This Agreement recognises the CEPU- Plumbing 
Division NSW Branch as a legitimate representative of the Employees covered by this 
Agreement. 

3. INTENTIONS OF THE PARTIES 

3.1 The intentions of the parties in reaching this Agreement are to: 

(a) Provide for an efficient, progressive and prosperous fire protection industry for the 
benefit of the Employer and its Employees; 

(b) Improve job satisfaction and continuity of employment for workers; 

(c) Create a co-operative and productive industrial relations environment; 

(d) Maintain a safe working environment; 

(e) Ensure the integrity of structured training consistent with national competency 
standards; and 

(f) Maintain a stable and skilled workforce. 

4. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 

4.1 This Agreement will be lodged in accordance with the Fair Work Act 2009 as an Enterprise 
Agreement. 

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1. TITLE 1.1 This Agreement will be known as the All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. 2. PARTIES AND PERSONS BOUND 2.1 This Agreement will be binding upon each of the following: (a) All Pipe Fire Services Pty Ltd ("Employer") in respect of persons engaged in NSW and the ACT employed in connection with the preparing, erecting, fitting, fixing, altering, testing, overhauling or repairing of apparatus, pipes and/or fittings in+ and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems. (b) Persons employed by the Employer in NSW and the ACT in connection with the preparing, erecting, fitting, fixing, altering, testing, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems ("Employees"). (c) The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia ("CEPU"). This Agreement recognises the CEPU - Plumbing Division NSW Branch as a legitimate representative of the Employees covered by this Agreement. 3. INTENTIONS OF THE PARTIES 3.1 The intentions of the parties in reaching this Agreement are to: (a) Provide for an efficient, progressive and prosperous fire protection industry for the benefit of the Employer and its Employees; (b) Improve job satisfaction and continuity of employment for workers; (c) Create a co-operative and productive industrial relations environment; (d) Maintain a safe working environment; (e) Ensure the integrity of structured training consistent with national competency standards; and (f) Maintain a stable and skilled workforce. 4. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 4.1 This Agreement will be lodged in accordance with the Fair Work Act 2009 as an Enterprise Agreement. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 2




 



4.2 This Agreement will come into operation seven days from the date of certification and remain 
in effect until the 30th September 2019. 

4.3 The Employer must ensure that copies of this Agreement and the NES are available to all 
Employees to whom they apply either on a noticeboard which is conveniently located at or 
near the workplace or through electronic means, whichever makes them more accessible. 

4.4 The NES and this Agreement combine to contain the minimum conditions of employment for 
Employees covered by this Agreement. 

5. NO EXTRA CLAIMS AND INCREASES TO WAGES AND ALLOWANCES 

5.1 In recognition of the productivity measures identified herein, the following payments will be 
available to all Employees covered by this Agreement: 

(a) The rates of pay and allowances as provided in Appendix A and Appendix Band other 
benefits including annual leave, public holidays, paid leisure days, personal leave, hours 
of work and overtime subject to the terms and conditions outlined in this Agreement; 

(b) The parties accept that this Agreement is in full and final settlement of all wages, terms 
and conditions claims. There will be no further claims on any matter; and 

(c) Increases in wages and other conditions of employment in this Agreement will accrue 
from the first full pay period after 1st October 2015 or as provided for under this 
Agreement. 

5.2 Where an Employee would have been entitled to an increase under this Agreement prior to 
the date of lodgement had this Agreement been in operation at that time, a payment of an 
amount equivalent to the difference between what the Employee was paid and what the 
Employee would have been entitled to under this Agreement will be made in the first pay 
period after the date of lodgement. 

5.3 No Employee will be disadvantaged by the introduction of this Agreement. 

6. DEFINITIONS AND INTERPRETATIONS 

6.1 For the purpose of this Agreement unless the contrary intention appears: 

(a) NSW means the State of New South Wales. 

(b) ACT means the Australian Capital Territory. 

(c) The Act means the Fair Work Act 2009 (Cth). 

(d) FWA means Fair Work Australia. 

(e) NES means the National Employment Standards as contained in sections 59 to 131 of 
the Fair Work Act 2009 (Cth). 

(f) Sprinkler fitter I fire protection worker means a fitter/worker who can undertake all 
work in connection with preparing, erecting, fitting, fixing, commissioning, altering, 

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4.2 This Agreement will come into operation seven days from the date of certification and remain in effect until the 30th September 2019. 4.3 The Employer must ensure that copies of this Agreement and the NES are available to all Employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. 4.4 The NES and this Agreement combine to contain the minimum conditions of employment for Employees covered by this Agreement. 5. NO EXTRA CLAIMS AND INCREASES TO WAGES AND ALLOWANCES 5.1 In recognition of the productivity measures identified herein, the following payments will be available to all Employees covered by this Agreement: (a) The rates of pay and allowances as provided in Appendix A and Appendix B and other benefits including annual leave, public holidays, paid leisure days, personal leave, hours of work and overtime subject to the terms and conditions outlined in this Agreement; (b) The parties accept that this Agreement is in full and final settlement of all wages, terms and conditions claims. There will be no further claims on any matter; and (c) Increases in wages and other conditions of employment in this Agreement will accrue from the first full pay period after 1st October 2015 or as provided for under this Agreement. 5.2 Where an Employee would have been entitled to an increase under this Agreement prior to the date of lodgement had this Agreement been in operation at that time, a payment of an amount equivalent to the difference between what the Employee was paid and what the Employee would have been entitled to under this Agreement will be made in the first pay period after the date of lodgement. 5.3 No Employee will be disadvantaged by the introduction of this Agreement. 6. DEFINITIONS AND INTERPRETATIONS 6.1 For the purpose of this Agreement unless the contrary intention appears: (a) NSW means the State of New South Wales. (b) ACT means the Australian Capital Territory. (c) The Act means the Fair Work Act 2009 (Cth). (d) FWA means Fair Work Australia. (e) NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth). (f) Sprinkler fitter / fire protection worker means a fitter/worker who can undertake all work in connection with preparing, erecting, fitting, fixing, commissioning, altering, All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 3




 



overhauling, repairing or testing of apparatus, pipes and/or fittings including the fixing 
and connecting of tanks, valves, water supplies, pumps, gauges, or alarms for systems 
for the detection, extinguishment and/or control of fires and/or all pipes and/or fittings 
for conveyance of water, air and/or gas and/or chemical compounds and/or pipes and 
fittings for hydrant and hose reel services. 

(g) Industry disability allowance means an allowance incorporated in the base hourly rate 
to compensate for the following disabilities associated with construction work on-site: 

i. Climatic condition when working in the open on all types of work; 

ii. The physical disadvantage of having to climb stairs or ladders; 

iii. The disability of dust blowing in the wind, brick dust, or drippings from concrete; 

iv. Sloppy and muddy conditions associated with the initial stages of the erection of a 
building; 

v. The disability of work on all types of scaffolds or ladders other than a swing scaffold, 
suspended scaffold or a bosun's chair; 

vi. The lack of usual amenities associated with factory work (e.g. meal rooms, change 
rooms, lockers); 

vii. Handling insulation material; 

viii. Use of explosive powered tools; 

ix. Using toxic substances, or working in close proximity to others working with toxic 
substances; and/or 

x. Use of pressure oxy-acetylene or electric welding equipment or pressure oxy­
acetylene cutting equipment except where qualifications exceeding those involved 
in the trade certificate involved in Sprinkler Fitting I Fire Protection are required. 

(h) Space, height and dirt money means an allowance incorporated in the base hourly rate 
to sprinkler fitter's /fire protection workers engaged onsite to compensate for the 
following class of work whether or not such work is performed in any week:-

i. Work requiring a swing scaffold, swing seat, or rope, or on any ladder exceeding 
7.6m in height; 

ii. Flushing, cleaning, commissioning and servicing of fire protection systems; 

iii. Work in any confined space; 

iv. Work in wet places; and/or 

v. Dirty or offensive work. 

(i) Redundancy means a situation where an Employee ceases to be employed by the 
Employer, other than for reasons of misconduct or refusal of duty. Redundant has a 
corresponding meaning. 

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overhauling, repairing or testing of apparatus, pipes and/or fittings including the fixing and connecting of tanks, valves, water supplies, pumps, gauges, or alarms for systems for the detection, extinguishment and/or control of fires and/or all pipes and/or fittings for conveyance of water, air and/or gas and/or chemical compounds and/or pipes and fittings for hydrant and hose reel services. (g) Industry disability allowance means an allowance incorporated in the base hourly rate to compensate for the following disabilities associated with construction work on-site: i. Climatic condition when working in the open on all types of work; ii. The physical disadvantage of having to climb stairs or ladders; iii. The disability of dust blowing in the wind, brick dust, or drippings from concrete; iv. Sloppy and muddy conditions associated with the initial stages of the erection of a building; v. The disability of work on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold or a bosun's chair; vi. The lack of usual amenities associated with factory work (e.g. meal rooms, change rooms, lockers); vii. Handling insulation material; viii. Use of explosive powered tools; ix. Using toxic substances, or working in close proximity to others working with toxic substances; and/or X. Use of pressure oxy-acetylene or electric welding equipment or pressure oxy- acetylene cutting equipment except where qualifications exceeding those involved in the trade certificate involved in Sprinkler Fitting / Fire Protection are required. (h) Space, height and dirt money means an allowance incorporated in the base hourly rate to sprinkler fitter's / fire protection workers engaged onsite to compensate for the following class of work whether or not such work is performed in any week: - i. Work requiring a swing scaffold, swing seat, or rope, or on any ladder exceeding 7.6m in height; ii. Flushing, cleaning, commissioning and servicing of fire protection systems; iii. Work in any confined space; iv. Work in wet places; and/or V. Dirty or offensive work. (i) Redundancy means a situation where an Employee ceases to be employed by the Employer, other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 4




 



(j) Service work means the repair, overhaul and/or alteration of operative fire protection 
systems involving the daily reinstatement of such systems to normal operating level. 

{k) Service fitter means an Employee engaged in service work. 

{I) Construction work means erection, repair, renovation, maintenance, ornamentation or 
demolition of buildings or structures. 

{m) Construction fitter means an Employee engaged in construction work. 

{n) Union means the Communications, Electrical, Electronic, Energy, Information, Postal, 
Plumbing and Allied Services Union of Australia {CEPU). 

{o) Contracting firm is the Employer party to this Agreement. 

{p) Subcontracting firm means a company engaged by the contracting firm to provide 
labour, and possibly materials, plant and tools. 

{q) Code means the proposed Building and Construction Industry {Fair and Lawful Building 
Sites) Code 24 April 2014, when and is in force from time to time. 

{r) NFIA means the National Fire Industry Association {NSW). 

7. TYPES OF EMPLOYMENT 

7.1 WEEKLY EMPLOYMENT 

{a) Except as provided in 7.2, employment will be by the week. Any Employee not 
specifically engaged as a casual Employee will be deemed to be employed by the week. 

7.2 CASUAL EMPLOYMENT 

{a) A casual Employee will be employed subject to each of the following terms: 

i. A casual Employee will be engaged for a minimum period of 3 consecutive hours on 
each occasion. 

ii. A casual Employee for working ordinary time will be paid 125% of the hourly rate 
prescribed in Appendix A, and all relevant allowances prescribed in Appendix A and 
Appendix B, for each hour so worked. The penalty rate herein prescribed will be 
made in lieu of annual leave, public holidays, personal leave, rostered days off, paid 
leisure days, parental leave, redundancy, compassionate leave payments, top-up 
payments, severance payments and termination payments prescribed for other 
Employees in the Agreement. 

iii. A casual Employee, other than an irregular casual Employee, who has been engaged 
by the Employer for a sequence of periods of employment under this Agreement 
during a period of six months, thereafter has the right to elect to have their contract 
of employment converted to full-time or part-time employment if the employment is 
to continue beyond the conversion process. 

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(j) Service work means the repair, overhaul and/or alteration of operative fire protection systems involving the daily reinstatement of such systems to normal operating level. (k) Service fitter means an Employee engaged in service work. (1) Construction work means erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures. (m) Construction fitter means an Employee engaged in construction work. (n) Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). (o) Contracting firm is the Employer party to this Agreement. (p) Subcontracting firm means a company engaged by the contracting firm to provide labour, and possibly materials, plant and tools. (q) Code means the proposed Building and Construction Industry (Fair and Lawful Building Sites) Code 24 April 2014, when and is in force from time to time. (r) NFIA means the National Fire Industry Association (NSW). 7. TYPES OF EMPLOYMENT 7.1 WEEKLY EMPLOYMENT (a) Except as provided in 7.2, employment will be by the week. Any Employee not specifically engaged as a casual Employee will be deemed to be employed by the week. 7.2 CASUAL EMPLOYMENT (a) A casual Employee will be employed subject to each of the following terms: A casual Employee will be engaged for a minimum period of 3 consecutive hours on each occasion. ii. A casual Employee for working ordinary time will be paid 125% of the hourly rate prescribed in Appendix A, and all relevant allowances prescribed in Appendix A and Appendix B, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays, personal leave, rostered days off, paid leisure days, parental leave, redundancy, compassionate leave payments, top-up payments, severance payments and termination payments prescribed for other Employees in the Agreement. iii. A casual Employee, other than an irregular casual Employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 5




 



iv. The Employer must give the Employee notice in writing of the provisions of this 
clause within four weeks of the Employee having attained such period of six months. 
The Employee retains their right of election under this clause if the Employer fails to 
comply with this subclause. 

v. A casual Employee who does not within four weeks of receiving written notice elect 
to convert their contract of employment to full-time employment is deemed to have 
elected against any such conversion. 

vi. A casual Employee who has a right to elect under clause 7.2(a)iii, on receiving notice 
under clause 7.2(a)v or after the expiry of the time for giving such notice, may give 
four weeks' notice in writing to the Employer that they seek to elect to convert their 
contract of employment to full-time, and within four weeks of receiving such notice 
the Employer must consent to or refuse the election but must not unreasonably so 
refuse. 

vii. Following such Agreement being reached, the Employee converts to full-time 
employment. 

viii. Once a casual Employee has elected to become and has been converted to a full­
time Employee, the Employee may only revert to casual employment by written 
Agreement with the Employer. 

ix. Where, in accordance with clause 7.2(a)vi an Employer refuses an election to 
convert, the reasons for doing so must be fully stated to and discussed with the 
Employee concerned and a genuine attempt made to reach Agreement. 

x. For the purposes of this clause, an irregular casual Employee is one who has been 
engaged to perform work on an occasional or non-systematic or irregular basis. 

xi. An Employee must not be engaged and re-engaged to avoid any obligation under 
this Agreement. 

8. ENGAGEMENT OF SUBCONTRACTORS 

8.1 The Employer and Employees recognise the Employer's obligation to maintain a stable 
workforce and to cater for variances in workload. 

8.2 It is recognised that the Employer needs to be able to source additional labour by engaging 
subcontractor firms from time to time. 

8.3 All subcontract firms would be engaged according to each of the following terms: 

(a) All Employees of the subcontract firm engaged in sprinkler fitting will be registered or 
apprenticed sprinkler fitters. 

(b) The subcontract firm will have its own safe work method statements and OHS plans. 

(c) The subcontract firm will have all appropriate licences and will hold current public 
liability and worker's compensation insurances. 

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iv. The Employer must give the Employee notice in writing of the provisions of this clause within four weeks of the Employee having attained such period of six months. The Employee retains their right of election under this clause if the Employer fails to comply with this subclause. V. A casual Employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time employment is deemed to have elected against any such conversion. vi. A casual Employee who has a right to elect under clause 7.2(a)iii, on receiving notice under clause 7.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. vii. Following such Agreement being reached, the Employee converts to full-time employment. viii. Once a casual Employee has elected to become and has been converted to a full- time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. ix. Where, in accordance with clause 7.2(a)vi an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. X. For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. xi. An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. 8. ENGAGEMENT OF SUBCONTRACTORS 8.1 The Employer and Employees recognise the Employer's obligation to maintain a stable workforce and to cater for variances in workload. 8.2 It is recognised that the Employer needs to be able to source additional labour by engaging subcontractor firms from time to time. 8.3 All subcontract firms would be engaged according to each of the following terms: (a) All Employees of the subcontract firm engaged in sprinkler fitting will be registered or apprenticed sprinkler fitters. (b) The subcontract firm will have its own safe work method statements and OHS plans. (c) The subcontract firm will have all appropriate licences and will hold current public liability and worker's compensation insurances. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 6




 



(d) Builders will be notified that the subcontract firm has been engaged and all Employees 
of the subcontract firm will be inducted under their company name. 

9. INDUSTRY COMPLIANCE 

9.1 The Company will undergo an annual audit for the life of this Agreement, by an external 
assessor, of relevant company records to ensure compliance with this Agreement. The results 
of the audit will be available to signatories of the Agreement. The Company will undergo its 
first audit within 3 months of the signing of this Agreement. 

9.2 An annual audit will be carried out every year by the employer and a copy of that audit will be 
made available to parties to this agreement no later than the 30th June of each year. 

9.3 If the Company has undertaken an audit for other purposes and that audit considered every 
matter required by this clause it is not necessary for the Company to undergo another audit 
provided the previous audit occurred within the past 6 months and the Company complied. 

9.4 Failure to comply with clause 9 may result in the in the Union lodging a dispute with the FWC 
in accordance with the dispute resolution clause contained in the Agreement. 

9.5 The Audit is to be carried out by David Hicks & Co. or Construction Accreditation Services. 

9.6 If there is a suspected breach of the terms and conditions contained in the Agreement the 
Union may arrange an audit to be paid for by the company by an external assessor of relevant 
Company records to ensure compliance with this Agreement. If the Company is identified as 
being in minor I technical default with this Agreement and/or statutory obligations (e.g. under 
payment or non-payment of an entitlement) there will be no stoppage of work whilst this 
audit is proceeding. 

9.7 If the Company is identified paying 'ali-in' rates it will pay the 'ail-in' rate being paid to all 
Employees on that site plus all conditions of this Agreement for job duration. An "ail-in" rate 
means a payment in lieu of one or more entitlements of this Agreement. 

10. PAYMENT OF WAGES 

10.1 EFT will be used for payment of wages to Employees covered by this Agreement. 

10.2 All wages and/or additional entitlements due to an Employee shall be paid no later than 
Thursday each week and no more than two days' pay may be kept in hand. Provided that 
when the usual pay day is an observed holiday, such Employee shall receive the amount due 
to him/her no later than normal ceasing time on the working day immediately preceding such 
holiday. 

10.3 Upon termination of the employment wages due to an Employee shall be paid to him/her 
within a reasonable time period. Where an Employer fails to pay all due wages within 3 days 
of termination, an Employee is entitled to waiting time for each day kept waiting, up to the 
equivalent of one week's pay. 

10.4 An Employee kept waiting for his/her wages on pay day for more than a quarter of an hour 
after usual time for ceasing work shall be paid at overtime rates after than quarter of an hour, 
with a minimum of one hour. Provided where the Employer has made all reasonable 

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(d) Builders will be notified that the subcontract firm has been engaged and all Employees of the subcontract firm will be inducted under their company name. 9. INDUSTRY COMPLIANCE 9.1 The Company will undergo an annual audit for the life of this Agreement, by an external assessor, of relevant company records to ensure compliance with this Agreement. The results of the audit will be available to signatories of the Agreement. The Company will undergo its first audit within 3 months of the signing of this Agreement. 9.2 An annual audit will be carried out every year by the employer and a copy of that audit will be made available to parties to this agreement no later than the 30th June of each year. 9.3 If the Company has undertaken an audit for other purposes and that audit considered every matter required by this clause it is not necessary for the Company to undergo another audit provided the previous audit occurred within the past 6 months and the Company complied. 9.4 Failure to comply with clause 9 may result in the in the Union lodging a dispute with the FWC in accordance with the dispute resolution clause contained in the Agreement. 9.5 The Audit is to be carried out by David Hicks & Co. or Construction Accreditation Services. 9.6 If there is a suspected breach of the terms and conditions contained in the Agreement the Union may arrange an audit to be paid for by the company by an external assessor of relevant Company records to ensure compliance with this Agreement. If the Company is identified as being in minor / technical default with this Agreement and/or statutory obligations (e.g. under payment or non-payment of an entitlement) there will be no stoppage of work whilst this audit is proceeding. 9.7 If the Company is identified paying 'all-in' rates it will pay the 'all-in' rate being paid to all Employees on that site plus all conditions of this Agreement for job duration. An "all-in" rate means a payment in lieu of one or more entitlements of this Agreement. 10. PAYMENT OF WAGES 10.1 EFT will be used for payment of wages to Employees covered by this Agreement. 10.2 All wages and/or additional entitlements due to an Employee shall be paid no later than Thursday each week and no more than two days' pay may be kept in hand. Provided that when the usual pay day is an observed holiday, such Employee shall receive the amount due to him/her no later than normal ceasing time on the working day immediately preceding such holiday. 10.3 Upon termination of the employment wages due to an Employee shall be paid to him/her within a reasonable time period. Where an Employer fails to pay all due wages within 3 days of termination, an Employee is entitled to waiting time for each day kept waiting, up to the equivalent of one week's pay. 10.4 An Employee kept waiting for his/her wages on pay day for more than a quarter of an hour after usual time for ceasing work shall be paid at overtime rates after than quarter of an hour, with a minimum of one hour. Provided where the Employer has made all reasonable All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 7




 



endeavours to ensure payroll delivery on time and the payment is delayed due to industrial 
dispute or hold-up, or banking error on the part of the bank, or technical failure of internet 
connections beyond the control of the Employer then provisions of this subclause shall not 
apply. 

10.5 Payroll deductions may be provided by the Employer subject to the Employee providing the 
Employer with a letter of authority to do so. 

10.6 Particulars of details of payment to each Employee will be included on the envelope holding 
the payment, or in a statement handed to the Employee at the time such payment is made 
and will contain the following information: 

(a) Date of payment; 

(b) Period covered by such payment; 

(c) The amount of wages paid for work at ordinary rates; 

(d) The gross amount of wages and allowances paid; 

(e) The amount of each deduction made and the nature thereof; and 

(f) The net amount of wages and allowances paid. 

10.7 In addition, the following details will also be included in the statement when such payments 
and benefits apply: 

(a) The number of hours paid at overtime rates and the amount paid therefore; 

(b) The amount of allowances or special rates paid and the nature thereof; 
(c) Annual holiday payments; 

(d) Payment on termination, including payment for annual leave, rostered day off 
accumulation, and public holidays; 

(e) The Employer and Employees building superannuation number; and 

(f) The amount of any other payments made to the Employee under this Agreement. 

10.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be 
made to the Employee in error by the Company. 

10.9 Upon two weeks advance written notice of an overpayment to the Employee, the Employee 
authorises the Company to deduct in agreed weekly amounts from any wages or any other 
entitlements payable, or owing to the Employee on termination, any overpayments made in 
error to the Employee by the Company. 

11. FARES AND TRAVELLING 

11.1 The centre of employment shall be the capital city principle post office. 

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endeavours to ensure payroll delivery on time and the payment is delayed due to industrial dispute or hold-up, or banking error on the part of the bank, or technical failure of internet connections beyond the control of the Employer then provisions of this subclause shall not apply. 10.5 Payroll deductions may be provided by the Employer subject to the Employee providing the Employer with a letter of authority to do so. 10.6 Particulars of details of payment to each Employee will be included on the envelope holding the payment, or in a statement handed to the Employee at the time such payment is made and will contain the following information: (a) Date of payment; (b) Period covered by such payment; (c) The amount of wages paid for work at ordinary rates; (d) The gross amount of wages and allowances paid; (e) The amount of each deduction made and the nature thereof; and (f) The net amount of wages and allowances paid. 10.7 In addition, the following details will also be included in the statement when such payments and benefits apply: (a) The number of hours paid at overtime rates and the amount paid therefore; (b) The amount of allowances or special rates paid and the nature thereof; (c) Annual holiday payments; (d) Payment on termination, including payment for annual leave, rostered day off accumulation, and public holidays; (e) The Employer and Employees building superannuation number; and (f) The amount of any other payments made to the Employee under this Agreement. 10.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be made to the Employee in error by the Company. 10.9 Upon two weeks advance written notice of an overpayment to the Employee, the Employee authorises the Company to deduct in agreed weekly amounts from any wages or any other entitlements payable, or owing to the Employee on termination, any overpayments made in error to the Employee by the Company. 11. FARES AND TRAVELLING 11.1 The centre of employment shall be the capital city principle post office. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 8




 



11.2 Each Employee who is not wholly employed with in the factory or permanent workshop of the 
Employer shall receive in addition to the respective Hourly Rate specified in Appendix A the 
following extra amounts as allowances for travelling, provided always: 

(a) That travelling time and/or fares shall be computed on the basis that such travelling be 
done by public conveyance- economy class; and 

(b) That where the Employer provides the conveyance or means of travelling, the payment of 
Fares as per Appendix A is not required. 

11.3 For the time occupied outside the ordinary hours of work specified in clause 25 in travelling by 
an ordinary public conveyance or by nearest practical route from the appropriate centre to 
the work and/or from the work to the centre- the respective Travelling Time. 

11.4 The Fares necessary for such travelling whether actually paid or not. 

11.5 Where the work or the facility for travelling does not necessitate going to or through the 
centre, the Employee shall receive the respective Travelling Time, for the time, also the cost of 
travelling from the Employee's residence to the work or from the work to the Employee's 
residence in excess of that which would be required in travelling from the said Employee's 
residence to the centre or from the centre to the said Employee's residence. 

11.6 The minimum Fares paid to an Employee in accordance with this clause shall be the Fares 
allowance in Appendix A. 

11.7 Travelling Time from 1st March 2016 shall be the rate prescribed in Appendix A for the life of 
the Agreement and will be paid at these agreed rates. 

11.8 FARES 

(a) From the Date of Registration, the Fares Rate set out in Appendix A shall be paid for the 
life of the Agreement for all On-Site Employees including Apprentices and excluding 
Employees with company vehicles. 

(b) No Fares are applicable on Paid Leisure Days. 

11.9 TRAVELLING TIME 

(a) Travelling Time will be paid at the Travel Time Rate for 2 hours per day for a distance of 
up to 30km from the GPO or Employee's residence. 

(b) All other Travelling Time and Living Away From Home Allowance shall be agreed 
between the Company and Employees on a project basis. 

(c) Travelling Time is not applicable on Paid Leisure Days. 

(d) The Company is not required to place Employees at job sites closest to their place of 
residence; however, Employees will not be treated unfairly in this regard. 

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11.2 Each Employee who is not wholly employed with in the factory or permanent workshop of the Employer shall receive in addition to the respective Hourly Rate specified in Appendix A the following extra amounts as allowances for travelling, provided always: (a) That travelling time and/or fares shall be computed on the basis that such travelling be done by public conveyance - economy class; and (b) That where the Employer provides the conveyance or means of travelling, the payment of Fares as per Appendix A is not required. 11.3 For the time occupied outside the ordinary hours of work specified in clause 25 in travelling by an ordinary public conveyance or by nearest practical route from the appropriate centre to the work and/or from the work to the centre - the respective Travelling Time. 11.4 The Fares necessary for such travelling whether actually paid or not. 11.5 Where the work or the facility for travelling does not necessitate going to or through the centre, the Employee shall receive the respective Travelling Time, for the time, also the cost of travelling from the Employee's residence to the work or from the work to the Employee's residence in excess of that which would be required in travelling from the said Employee's residence to the centre or from the centre to the said Employee's residence. 11.6 The minimum Fares paid to an Employee in accordance with this clause shall be the Fares allowance in Appendix A. 11.7 Travelling Time from 1st March 2016 shall be the rate prescribed in Appendix A for the life of the Agreement and will be paid at these agreed rates. 11.8 FARES (a) From the Date of Registration, the Fares Rate set out in Appendix A shall be paid for the life of the Agreement for all On-Site Employees including Apprentices and excluding Employees with company vehicles. (b) No Fares are applicable on Paid Leisure Days. 11.9 TRAVELLING TIME (a) Travelling Time will be paid at the Travel Time Rate for 2 hours per day for a distance of up to 30km from the GPO or Employee's residence. (b) All other Travelling Time and Living Away From Home Allowance shall be agreed between the Company and Employees on a project basis. (c) Travelling Time is not applicable on Paid Leisure Days. (d) The Company is not required to place Employees at job sites closest to their place of residence; however, Employees will not be treated unfairly in this regard. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 9




 



11.10 SUMMARY 

(a) Summary of entitlement to fares and travel allowances: 
Travel Time Fares 

Start or finish on the job using own vehicle Paid . Paid 
Start or finish on the job using public transport Paid Paid 
Start or finish on the job provided with or offered transport Paid Not paid 
Start and finish at the workshop Not paid Not paid 
Annual leave Not paid Not paid 
Public holidays Not paid Not paid 
Sick leave Not paid Not paid 
Rostered Day Off Paid Paid 
Paid Leisure Day Not paid Not Paid 

11.11 TRANSFER BETWEEN JOB SITES DURING WORKING HOURS 

(a) Employees transferred from one job site to another during ordinary working hours must 
be paid their ordinary rate of pay for the time occupied in travelling and, unless 
transported by the Employer, will be reimbursed the reasonable cost of fares by the 
most convenient public transport between such job sites. 

(b) Where the Employer requests an Employee to use their own vehicle to affect such a 
transfer, and the Employee agrees to do so, the Employee will be paid an allowance at 
the rate prescribed in Appendix B. 

12. ALLOWANCES AND EMPLOYEE EXPENSES 

12.1 SITE ALLOWANCE 

(a) An Employee will be entitled to a site allowance in accordance with the following table 
for each hour worked: 

PROJECT VALUE- $MILLION SITE ALLOWANCE 
$0-$64.1M $2.80 

$64.1M - $128.3M $3.35 

$128.3M - $192.3M $3.45 

$192.3M - $256.4M $3.55 

$256.4M- $384.7M $3.65 

Projects valued at more than $384.7M 
$3.65 plus $0.10 per additional 

$100M Project Value or part thereof 

(b) A minimum Site Allowance of $2.80 per hour will be paid for all productive work from 
the 1st March 2016. Site Allowances of higher value, as indicated in Clause 12.1(a), will 
be payable on projects that have a Project Value of greater than $64.1M. 

(c) Project value shall be the contract value of the work, which has been or will be 
performed, by the Principal Contractor in respect to the site the Contractor is 
contracted to undertake work on. This does not include portions of the project the 
Contractor is not engaged to undertake. 

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11.10 SUMMARY (a) Summary of entitlement to fares and travel allowances: Travel Time Fares Start or finish on the job using own vehicle Paid Paid Start or finish on the job using public transport Paid Paid Start or finish on the job provided with or offered transport Paid Not paid Start and finish at the workshop Not paid Not paid Annual leave Not paid Not paid Public holidays Not paid Not paid Sick leave Not paid Not paid Rostered Day Off Paid Pai Paid Leisure Day Not paid Not Paid 11.11 TRANSFER BETWEEN JOB SITES DURING WORKING HOURS (a) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling and, unless transported by the Employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. (b) Where the Employer requests an Employee to use their own vehicle to affect such a transfer, and the Employee agrees to do so, the Employee will be paid an allowance at the rate prescribed in Appendix B. 12. ALLOWANCES AND EMPLOYEE EXPENSES 12.1 SITE ALLOWANCE (a) An Employee will be entitled to a site allowance in accordance with the following table for each hour worked: PROJECT VALUE - $MILLION SITE ALLOWANCE $0 - $64.1M $2.80 $64.1M - $128.3M $3.35 $128.3M - $192.3M $3.45 $192.3M - $256.4M $3.55 $256.4M - $384.7M $3.65 Projects valued at more than $384.7M $3.65 plus $0.10 per additional $100M Project Value or part thereof (b) A minimum Site Allowance of $2.80 per hour will be paid for all productive work from the 1st March 2016. Site Allowances of higher value, as indicated in Clause 12.1(a), will be payable on projects that have a Project Value of greater than $64.1M. (c) Project value shall be the contract value of the work, which has been or will be performed, by the Principal Contractor in respect to the site the Contractor is contracted to undertake work on. This does not include portions of the project the Contractor is not engaged to undertake. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 10




 



(d) Summary of entitlement to Site Allowance: 

Travel Time 
Productive Work 
Overtime 
Annual leave 
Public holidays 
Sick leave 
Rostered Day Off 
Paid Leisure Day 

Site Allowance 

Not paid 
Paid 
Paid 
Not paid 
Not paid 
Not paid 
Not Paid 
Not Paid 

Note*- This requirement not to pay Site Allowance on RDO's and PLD's depends on Site 
Allowance being paid for 8 hours normal time each work day. Alternatively, Site 
Allowance may be accrued in which case it is paid for 7.2 hours normal time per 
work day and Site Allowance is then paid on every Rostered Day Off and Paid 
Leisure Day. 

(e) Special provisions for Current Projects: 

i. A Current Project is a project tendered by the Company prior to 1 March 2016. 

ii. Employees working on a Current Project will be paid a Site Allowance of $2.80 per 
hour for all productive work, but will not be paid a higher value of Site Allowance 
detailed in Clause 12.1(a) for projects having a Project Value exceeding $64.1M. 

iii. Employees working on a Current Project will continue to be paid Multi-storey 
Allowance in accordance with the conditions of their previous employment 
agreement, as follows; 

12.2 FUMES 

Multi-storey Allowance (Construction Only) 

•Commencement up to 15th Floor 
• Up to 30th Floor 
• Up to 45th Floor 
• Up to 60th Floor 
• From 61st Floor and upwards 

$0.41 (per hour) 
$0.49 (per hour) 
$0.77 (per hour) 
$0.99 (per hour) 
$1.23 (per hour) 

(a) An Employee required to work in a place where fumes of sulphur, other acid or 
offensive fumes are present must be paid such rates as are agreed. Any special rate so 
fixed will apply from the date the Employer is advised of the claim and thereafter must 
be paid as and when the fume condition occurs. 

12.3 WELDING CERTIFICATE 

(a) An Employee who is requested by the Employer to hold qualifications required by the 
various State government bodies, or other relevant authorities, for pressure oxy­
acetylene or electric welding, either manual or machine welding, must be paid the 
additional amount as prescribed in Appendix B. 

(b) This rate will be paid for every hour of their employment whether or not the Employee 
has performed work relevant to those qualifications. 

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(d) Summary of entitlement to Site Allowance: Site Allowance Travel Time Not paid Productive Work Paid Overtime Paid Annual leave Not paid Public holidays Not paid Sick leave Not paid Rostered Day Off Not Paid Paid Leisure Day Not Paid Note* - This requirement not to pay Site Allowance on RDO's and PLD's depends on Site Allowance being paid for 8 hours normal time each work day. Alternatively, Site Allowance may be accrued in which case it is paid for 7.2 hours normal time per work day and Site Allowance is then paid on every Rostered Day Off and Paid Leisure Day. (e) Special provisions for Current Projects: i. A Current Project is a project tendered by the Company prior to 1 March 2016. ii. Employees working on a Current Project will be paid a Site Allowance of $2.80 per hour for all productive work, but will not be paid a higher value of Site Allowance detailed in Clause 12.1(a) for projects having a Project Value exceeding $64.1M. iii. Employees working on a Current Project will continue to be paid Multi-storey Allowance in accordance with the conditions of their previous employment agreement, as follows; Multi-storey Allowance (Construction Only) · Commencement up to 15th Floor $0.41 (per hour) · Up to 30th Floor $0.49 (per hour) · Up to 45th Floor $0.77 (per hour) · Up to 60th Floor $0.99 (per hour) · From 61st Floor and upwards $1.23 (per hour) 12.2 FUMES (a) An Employee required to work in a place where fumes of sulphur, other acid or offensive fumes are present must be paid such rates as are agreed. Any special rate so fixed will apply from the date the Employer is advised of the claim and thereafter must be paid as and when the fume condition occurs. 12.3 WELDING CERTIFICATE (a) An Employee who is requested by the Employer to hold qualifications required by the various State government bodies, or other relevant authorities, for pressure oxy- acetylene or electric welding, either manual or machine welding, must be paid the additional amount as prescribed in Appendix B. (b) This rate will be paid for every hour of their employment whether or not the Employee has performed work relevant to those qualifications. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 11




 



(c) The Employer may provide notice in advance if those qualifications are no longer 
required. In the event the Employer provides four weeks' notice the qualifications are 
no longer required the allowance will not be payable from when the notice takes effect. 

12.4 FIRST AID 

(a) An Employee who is qualified in first aid and is appointed by their Employer to carry out 
first aid duties in addition to their usual duties must be paid an additional rate as 
prescribed in Appendix B. 

(b) This rate will be paid for every hour of their employment whether or not the Employee 
has performed work relevant to those qualifications. 

(c) The Employer may provide notice in advance if those qualifications are no longer 
required. In the event the Employer provides four weeks' notice the qualifications are 
no longer required the allowance will not be payable from when the notice takes effect. 

12.5 LIVING AWAY FROM HOME ALLOWANCE (DISTANT WORK) 

(a) QUALIFICATION 

i. An Employee will be entitled to the provisions of this clause when employed on a job 
or construction work at such a distance from their usual place of residence that the 
Employee cannot reasonably return to that place each night. 

(b) EMPLOYEE'S ADDRESS 

i. At the time of engagement the Employee will provide details of their usual place of 
residence, being the address of their place of residence at the time of application. 

ii. The Employer will not exercise undue influence, for the purpose of avoiding its 
obligations under this Agreement, to persuade the Employee to give a false address. 
No subsequent change of address will entitle an Employee to the provisions of this 
clause unless the Employer agrees. 

(c) ENTITLEMENT 

i. Where an Employee qualifies under clause 12.5(a) the Employer will either: 

A. Provide the Employee with reasonable board and lodging to a standard of no less 
than 3 star accommodation and out of pocket allowance as prescribed in Clause 
54 (Appendix B); or 

B. Pay an accommodation allowance as prescribed in Appendix B plus an out of 
pocket allowance as prescribed in Appendix B, but such allowances will not be 
counted as wages. The foregoing accommodation allowance will be increased if 
the Employee can satisfy the Employer that the Employee reasonably incurred a 
greater outlay than that prescribed in the clause 12.5(c)iA. 

(d) TRAVELLING EXPENSES 

i. An Employee who is sent by the Employer to a job which qualifies them to the 
provision of this clause will not be entitled to any of the allowances prescribed by 

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(c) The Employer may provide notice in advance if those qualifications are no longer required. In the event the Employer provides four weeks' notice the qualifications are no longer required the allowance will not be payable from when the notice takes effect. 12.4 FIRST AID (a) An Employee who is qualified in first aid and is appointed by their Employer to carry out first aid duties in addition to their usual duties must be paid an additional rate as prescribed in Appendix B. (b) This rate will be paid for every hour of their employment whether or not the Employee has performed work relevant to those qualifications. (c) The Employer may provide notice in advance if those qualifications are no longer required. In the event the Employer provides four weeks' notice the qualifications are no longer required the allowance will not be payable from when the notice takes effect. 12.5 LIVING AWAY FROM HOME ALLOWANCE (DISTANT WORK) (a) QUALIFICATION i. An Employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the Employee cannot reasonably return to that place each night. (b) EMPLOYEE'S ADDRESS i. At the time of engagement the Employee will provide details of their usual place of residence, being the address of their place of residence at the time of application. ii. The Employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the Employee to give a false address. No subsequent change of address will entitle an Employee to the provisions of this clause unless the Employer agrees. (c) ENTITLEMENT i. Where an Employee qualifies under clause 12.5(a) the Employer will either: A. Provide the Employee with reasonable board and lodging to a standard of no less than 3 star accommodation and out of pocket allowance as prescribed in Clause 54 (Appendix B); or B. Pay an accommodation allowance as prescribed in Appendix B plus an out of pocket allowance as prescribed in Appendix B, but such allowances will not be counted as wages. The foregoing accommodation allowance will be increased if the Employee can satisfy the Employer that the Employee reasonably incurred a greater outlay than that prescribed in the clause 12.5(c)iA. (d) TRAVELLING EXPENSES 1 An Employee who is sent by the Employer to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 12




 



clause 11, for the period occupied in travelling from the Employees usual place of 
residence to the distant job, but in lieu thereof will be paid:-

A. FORWARD JOURNEY 

1} For the time spent in so travelling at ordinary rates up to a maximum of eight 
hours per day for each day of travel (to be calculated as the time taken by rail 
or the usual travelling facilities); 

2} For the amount of a fare on the most common method of public transport to 
the job (bus; air; rail with sleeping berths if necessary), and any excess 
payment due to transporting their tools if such is incurred. However these are 
not payable should the Employer pay these costs directly; and 

3} For any meals incurred while travelling at the meal allowance rate prescribed 
in Appendix B. 

ii. The Employer may deduct the cost of the forward journey fare from an Employee 
who terminates or discontinues their employment within two weeks of commencing 
on the job and who does not forthwith return to their place of engagement. 

B. RETURN JOURNEY 

1} An Employee will, for the return journey, receive the same time, fares, and 
meal payments as provided in clause 12.5(d)i (above) together with the 
amount prescribed in clause 11, to cover the cost of transport from the main 
public transport terminal to their usual place of residence. 

2} The above return journey payments will not be paid if the Employee 
terminates or discontinues their employment within two months of 
commencing on the job, or if the Employee is dismissed for incompetence 
within one working week of commencing on the job, or is dismissed for 
misconduct. 

C. DEPARTURE POINT 

1} For the purposes of this clause, travelling time will be calculated as the time 
taken for the journey from the central or regional rail, bus or air terminal 
nearest the Employee's usual place of residence to the locality of the work. 

(e) DAILYTRAVELALLOWANCE 

i. An Employee engaged on a job which qualifies them to the provisions of this clause 
and who is required to reside elsewhere than on the site (or within SOOm of the site; 
or supplied with transport; or paid for use of their own transport) will be paid the 
Fares Allowance prescribed by clause 11. 

(f) WEEKEND RETURN HOME 

i. An Employee who works as required during the ordinary hours of work on the 
working day before and the working day after a weekend and who notifies the 
Employer or their representative, no later than Tuesday of each week, of an 
intention to return to their usual place of residence at the weekend and who does 

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clause 11, for the period occupied in travelling from the Employees usual place of residence to the distant job, but in lieu thereof will be paid :- A. FORWARD JOURNEY 1) For the time spent in so travelling at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities); 2) For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. However these are not payable should the Employer pay these costs directly; and 3) For any meals incurred while travelling at the meal allowance rate prescribed in Appendix B. ii. The Employer may deduct the cost of the forward journey fare from an Employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. B. RETURN JOURNEY 1) An Employee will, for the return journey, receive the same time, fares, and meal payments as provided in clause 12.5(d)i (above) together with the amount prescribed in clause 11, to cover the cost of transport from the main public transport terminal to their usual place of residence. 2) The above return journey payments will not be paid if the Employee terminates or discontinues their employment within two months of commencing on the job, or if the Employee is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct. C. DEPARTURE POINT 1) For the purposes of this clause, travelling time will be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the Employee's usual place of residence to the locality of the work. (e) DAILY TRAVEL ALLOWANCE i. An Employee engaged on a job which qualifies them to the provisions of this clause and who is required to reside elsewhere than on the site (or within 500m of the site; or supplied with transport; or paid for use of their own transport) will be paid the Fares Allowance prescribed by clause 11. (f) WEEKEND RETURN HOME i. An Employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the Employer or their representative, no later than Tuesday of each week, of an intention to return to their usual place of residence at the weekend and who does All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 13




 



return for the weekend, will be paid an allowance of $28.00 for each occasion; 
provided no delay not agreed to by the Employer takes place in connection with the 
Employee's commencement of work on the morning of the working day following 
the weekend. 

{g) REST AND RECREATION 

i. An Employee who proceeds to a job which qualifies for the provisions of clause 12.5 
may, after two months continuous service on that site and thereafter at three 
monthly periods of continuous service on that site, return to their usual place of 
residence at the weekend. If the Employee does so the Employee will be paid the 
amount of a bus or return railway fare to the bus or railway station nearest their 
usual place of residence on the pay day which immediately follows the date on 
which the Employee returns to the job; provided no delay not agreed to by the 
Employer takes place in connection with the Employee's commencement of work on 
the morning of the working day following the weekend. Provided, however, that if 
the work upon which the Employee is engaged will terminate in the ordinary course 
within a further twenty-eight days after expiration of any such period of two or three 
months, the provisions of this subclause will not be applicable. 

{h) LIMITATION OF ENTITLEMENT 

i. The entitlement under clause 12.5(g) will be availed of as soon as reasonably 
practical after it becomes due and will lapse after a period of two months provided 
that the Employee has been notified in writing by the Employer in the week prior to 
such entitlement becoming due of the date of entitlement and that such entitlement 
will lapse if not taken before the appropriate date two months later (proof of such 
written notice will lie with the Employer). 

{i) SERVICE REQUIREMENTS 

i. For the purpose of this clause service will be deemed to be continuous despite an 
Employee's absence from work as prescribed in clause 12.5{f) and clause 12.5{g). 

{j) VARIABLE RETURN HOME 

i. In special circumstances, and by Agreement with the Employer, the return to the 
usual place of residence entitlements may be granted earlier or taken later than the 
prescribed date of accrual without alteration to the Employee's accrual­
entitlements. 

(k) NO PAYMENT FOR UNUSED FARES 

i. If the Employer and Employee so agree in writing, the paid Rostered Day Off as 
prescribed in clause 24, may be taken, and paid for, in conjunction with and 
additional to rest and recreation leave as prescribed in 12.5{g), or at the end of the 
project, or on termination whichever comes first. 

(I) An Employee will be entitled to notice of termination in sufficient time to arrange 
suitable transport at termination or will be paid as if employed up to the end of the 
ordinary working day before transport is available. 

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return for the weekend, will be paid an allowance of $28.00 for each occasion; provided no delay not agreed to by the Employer takes place in connection with the Employee's commencement of work on the morning of the working day following the weekend. (g) REST AND RECREATION i. An Employee who proceeds to a job which qualifies for the provisions of clause 12.5 may, after two months continuous service on that site and thereafter at three monthly periods of continuous service on that site, return to their usual place of residence at the weekend. If the Employee does so the Employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the Employee returns to the job; provided no delay not agreed to by the Employer takes place in connection with the Employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the Employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (h) LIMITATION OF ENTITLEMENT The entitlement under clause 12.5(g) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the Employee has been notified in writing by the Employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later (proof of such written notice will lie with the Employer). (i) SERVICE REQUIREMENTS i. For the purpose of this clause service will be deemed to be continuous despite an Employee's absence from work as prescribed in clause 12.5(f) and clause 12.5(g). (j) VARIABLE RETURN HOME i. In special circumstances, and by Agreement with the Employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the Employee's accrual- entitlements. (k) NO PAYMENT FOR UNUSED FARES i. If the Employer and Employee so agree in writing, the paid Rostered Day Off as prescribed in clause 24, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 12.5(g), or at the end of the project, or on termination whichever comes first. (I) An Employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or will be paid as if employed up to the end of the ordinary working day before transport is available. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 14




 



13. CHARGE HANDS 

13.1 An Employee may from time to time be appointed by the Employer as a Charge Hand. 

13.2 A charge hand shall perform the following duties:-

(a) Liaise with client on-site representatives; 

(b) Monitor safety; 

(c) Report any safety breaches or accidents; 

(d) Report Employee absences and attendahce; 

(e) Ensure working hours are satisfied; 

(f) Monitor overtime requirements and performance; 

(g) Report Employee non-conformance; 

(h) Delegate work tasks; 

(i) Monitor work quality and accuracy; 

(j) Liaise with suppliers to facilitate deliveries, unloading and storage of equipment; 

(k) Liaise with design staff and management; and 

(I) Inform supervisor of breaches. 

13.3 An Employee appointed as charge hand will be paid the additional rates prescribed in 

Appendix B. 

13.4 An Employee who is not required to perform the duties of charge hand outlined in clause 13.2 
shall not be paid as a Charge Hand, irrespective of whether they have performed those duties 

and been paid accordingly on a prior occasion. 

14. SPECIAL WORKING CONDITIONS 

14.1 SHIP WORK 

(a) An Employee engaged on work in connection with ships must be paid an additional rate 
as prescribed in Appendix B whilst working on board the ship. 

14.2 HOT WORK 

(a) An Employee who works for longer than two hours in a place where the temperature 
has been raised by artificial means to between 46° and 54° Celsius will be entitled to 20 
minutes' rest after every two hours work without loss of pay. 

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13. CHARGE HANDS 13.1 An Employee may from time to time be appointed by the Employer as a Charge Hand. 13.2 A charge hand shall perform the following duties :- (a) Liaise with client on-site representatives; (b) Monitor safety; (c) Report any safety breaches or accidents; (d) Report Employee absences and attendance; (e) Ensure working hours are satisfied; (f) Monitor overtime requirements and performance; g) Report Employee non-conformance; (h) Delegate work tasks; (i) Monitor work quality and accuracy; (j) Liaise with suppliers to facilitate deliveries, unloading and storage of equipment; (k) Liaise with design staff and management; and (1) Inform supervisor of breaches. 13.3 An Employee appointed as charge hand will be paid the additional rates prescribed in Appendix B. 13.4 An Employee who is not required to perform the duties of charge hand outlined in clause 13.2 shall not be paid as a Charge Hand, irrespective of whether they have performed those duties and been paid accordingly on a prior occasion. 14. SPECIAL WORKING CONDITIONS 14.1 SHIP WORK (a) An Employee engaged on work in connection with ships must be paid an additional rate as prescribed in Appendix B whilst working on board the ship. 14.2 HOT WORK (a) An Employee who works for longer than two hours in a place where the temperature has been raised by artificial means to between 46º and 54º Celsius will be entitled to 20 minutes' rest after every two hours work without loss of pay. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 15




 



14.3 COLD WORK 

(a) An Employee who works for longer than two hours in a place where the temperature is 
lowered by artificial means to less than ao Celsius will be entitled to 20 minutes rest 
after every two hours work without loss of pay. 

14.4 TOWERS 

(a) An Employee working on a chimney stack, spire, tower, radio or television mast or 
tower, air shaft (other than above ground in a multistorey buildingL cooling tower, 
water tower or silo, where the construction exceeds 15 metres in height, must be paid 
for all work above 15 metres an additional hourly rate as prescribed in Appendix B, with 
an additional rate as prescribed in Appendix B for work above each further 15 metres. 

15. TIME RECORDS 

15.1 The Employer will keep a record from which can be readily ascertained the following:-

(a) The name of each Employee and his/her classification; 

(b) The hours worked each day. 

(c) The gross amount of wages and allowances paid; 

(d) The amount of each deduction made and the nature thereof; 

(e) The net amount of wages and allowances paid on the nominated day in accordance 
with clause 25; 

(f) The Employers' Workers Compensation Policy or other satisfactory proof of insurance 
such as a renewal certificate; 

(g) Any relevant records which detail taxation deductions and remittances to the Australian 
Taxation Office, including those payments made as P.A.Y.E. Tax, whether under a Group 
Employer's Scheme or not; 

(h) A certificate or other documentation from the State Long Service Leave Board or 
Authority which will confirm the Employers registration, the date of the last payment, 
and the period for which that payment applies (where such documentation is available 
under State Legislation); and 

(i) The Employer's and the Employee's appropriate industry Superannuation Scheme 
number and the contribution returns by the Employer to the Scheme on behalf of the 
Employee, where such benefits apply. 

15.2 All records and documentation referred to in clause 15.1, or copies thereo( will be available 
for inspection by the Employee during the usual office hours, at the Employer's office, or 
other convenient place. 

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14.3 COLD WORK (a) An Employee who works for longer than two hours in a place where the temperature is lowered by artificial means to less than 0º Celsius will be entitled to 20 minutes rest after every two hours work without loss of pay. 14.4 TOWERS (a) An Employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multistorey building), cooling tower, water tower or silo, where the construction exceeds 15 metres in height, must be paid for all work above 15 metres an additional hourly rate as prescribed in Appendix B, with an additional rate as prescribed in Appendix B for work above each further 15 metres. 15. TIME RECORDS 15.1 The Employer will keep a record from which can be readily ascertained the following :- (a) The name of each Employee and his/her classification; (b) The hours worked each day. (c) The gross amount of wages and allowances paid; (d) The amount of each deduction made and the nature thereof; (e) The net amount of wages and allowances paid on the nominated day in accordance with clause 25; (f) The Employers' Workers Compensation Policy or other satisfactory proof of insurance such as a renewal certificate; (g) Any relevant records which detail taxation deductions and remittances to the Australian Taxation Office, including those payments made as P.A.Y.E. Tax, whether under a Group Employer's Scheme or not; (h) A certificate or other documentation from the State Long Service Leave Board or Authority which will confirm the Employers registration, the date of the last payment, and the period for which that payment applies (where such documentation is available under State Legislation); and (i) The Employer's and the Employee's appropriate industry Superannuation Scheme number and the contribution returns by the Employer to the Scheme on behalf of the Employee, where such benefits apply. 15.2 All records and documentation referred to in clause 15.1, or copies thereof, will be available for inspection by the Employee during the usual office hours, at the Employer's office, or other convenient place. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 16




 



16. EMPLOYER AND EMPLOYEE DUTIES 

16.1 An Employer may direct an Employee to carry out such duties as are within the limits ofthe 
Employee's skill, competence and training consistent with the classification structure of this 
Agreement. Any direction issued by an Employer will be consistent with the Employer's and 
Employee's responsibilities to provide a safe and healthy working environment. 

17. LICENCE AND REGISTRATION 

17.1 All wet charged fire protection is to be carried out by registered sprinkler fitters and the 
Employer is required to a have contractor's licence with the Office of Fair Trading in NSW. 

18. MIXED FUNCTIONS 

18.1 An Employee appointed for more than half of one day or shift on duties carrying a higher rate 
than his/her ordinary classification will be paid the higher rate for such day or shift. If for less 
than half of one day or shift he/she will be paid the higher rate for the time so worked. 

19. SUPERANNUATION 

19.1 The Employer shall be a participating Employer in Cbus and all Employees (including 
apprentices) shall be enrolled in Cbus and be entitled to superannuation benefits in 
accordance with the terms of the Cbus Trust Deed (paid monthly). The Employer will provide 

Sprinkler Pipe Fitters with the option to salary sacrifice. 

19.2 The subject of superannuation is extensively dealt with by legislation including the 
Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry 
(Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This 
legislation, as varied from time to time, governs the superannuation rights and obligations of 
the parties except as provided for under this Agreement. The above contribution rates do not 
limit an enterprise's liability under the Superannuation Guarantee Charge {SGC). 

19.3 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, travel time, 
Multi-Storey, Leading Hands, Productivity allowances, and all allowances specifically covered 
by the Superannuation Guarantee Charge (SGC) 

19.4 Superannuation will not be paid on the Fares Allowance 

19.5 ABSENSE FROM WORK 

(a) Subject to the Trust Deed to the Fund of which an Employee is a member, the following 

provisions will apply. 

(b) PAID LEAVE 

i. Contributions will continue whilst a member of a Fund is absent on paid annual 
leave, sick leave, long service leave, public holidays, jury service, bereavement leave, 
or other paid leave. 

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16. EMPLOYER AND EMPLOYEE DUTIES 16.1 An Employer may direct an Employee to carry out such duties as are within the limits of the Employee's skill, competence and training consistent with the classification structure of this Agreement. Any direction issued by an Employer will be consistent with the Employer's and Employee's responsibilities to provide a safe and healthy working environment. 17. LICENCE AND REGISTRATION 17.1 All wet charged fire protection is to be carried out by registered sprinkler fitters and the Employer is required to a have contractor's licence with the Office of Fair Trading in NSW. 18. MIXED FUNCTIONS 18.1 An Employee appointed for more than half of one day or shift on duties carrying a higher rate than his/her ordinary classification will be paid the higher rate for such day or shift. If for less than half of one day or shift he/she will be paid the higher rate for the time so worked. 19. SUPERANNUATION 19.1 The Employer shall be a participating Employer in Cbus and all Employees (including apprentices) shall be enrolled in Cbus and be entitled to superannuation benefits in accordance with the terms of the Cbus Trust Deed (paid monthly). The Employer will provide Sprinkler Pipe Fitters with the option to salary sacrifice. 19.2 The subject of superannuation is extensively dealt with by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties except as provided for under this Agreement. The above contribution rates do not limit an enterprise's liability under the Superannuation Guarantee Charge (SGC). 19.3 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, travel time, Multi-Storey, Leading Hands, Productivity allowances, and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 19.4 Superannuation will not be paid on the Fares Allowance 19.5 ABSENSE FROM WORK (a) Subject to the Trust Deed to the Fund of which an Employee is a member, the following provisions will apply. (b) PAID LEAVE i. Contributions will continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 17




 



(c) UNPAID LEAVE 

i. Contributions will not be required in respect of any period of absence from work 
without pay of one day or more. 

(d) WORK RELATED INJURY OR ILLNESS 

i. In the event of an eligible Employee's absence from work being due to work related 
injury or work related illness, contributions at the normal rate will continue for the 
period of the absence provided that:-

A. The member of the fund is receiving workers compensation payments or is 
receiving regular payments directly from the Employer in accordance with 
statutory requirements or the provisions ofthis Agreement; and 

B. The person remains an Employee of the Employer. 

19.6 EMPLOYEE CONTRIBUTIONS 

(a) Subject to the rules of the Fund, Employees who wish to make contributions to the 
Fund additional to those being paid pursuant to clauses 19.1, 19.2 and 19.3 will be 
entitled to do so. Such Employees may either forward their own contribution directly to 
the Fund administrators or, where it is practicable to do so, authorise the Employer to 
pay into the Fund from the Employee's wages, amounts specified by the Employee. 

(b) Employee contributions to the Fund deducted by the Employer at the Employee's 
request will be held in Trust on the Employee's behalf and be subject to the following 
conditions: 

i. The amount of contributions will be expressed in whole dollars; and 

ii. Employees will have the right to adjust the level of contribution made on their own 
behalf from the first of the month following the giving of three months' written 
notice to the Employer. Provided that by Agreement with the Employer, Employees 
may vary their additional contribution in extenuating circumstances at other times. 

19.7 Contributions deducted under clause 19.6 will be forwarded to the Fund at the same time as 
contributions under clause 19.3. 

20. LONG SERVICE LEAVE 

20.1 An Employee will be entitled to Long Service Leave in accordance with applicable NSW State 
legislation. Where an Employee is eligible, the Employer will register an Employee with the 
Building and Construction Industry Long Service Payments Corporation within 14 days of 
commencement of his/her employment. 

21. REDUNDANCY/SEVERANCE 

21.1 The Employer will: 

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(c) UNPAID LEAVE i. Contributions will not be required in respect of any period of absence from work without pay of one day or more. (d) WORK RELATED INJURY OR ILLNESS i. In the event of an eligible Employee's absence from work being due to work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that :- A. The member of the fund is receiving workers compensation payments or is receiving regular payments directly from the Employer in accordance with statutory requirements or the provisions of this Agreement; and B. The person remains an Employee of the Employer. 19.6 EMPLOYEE CONTRIBUTIONS (a) Subject to the rules of the Fund, Employees who wish to make contributions to the Fund additional to those being paid pursuant to clauses 19.1, 19.2 and 19.3 will be entitled to do so. Such Employees may either forward their own contribution directly to the Fund administrators or, where it is practicable to do so, authorise the Employer to pay into the Fund from the Employee's wages, amounts specified by the Employee. (b) Employee contributions to the Fund deducted by the Employer at the Employee's request will be held in Trust on the Employee's behalf and be subject to the following conditions: i. The amount of contributions will be expressed in whole dollars; and ii. Employees will have the right to adjust the level of contribution made on their own behalf from the first of the month following the giving of three months' written notice to the Employer. Provided that by Agreement with the Employer, Employees may vary their additional contribution in extenuating circumstances at other times. 19.7 Contributions deducted under clause 19.6 will be forwarded to the Fund at the same time as contributions under clause 19.3. 20. LONG SERVICE LEAVE 20.1 An Employee will be entitled to Long Service Leave in accordance with applicable NSW State legislation. Where an Employee is eligible, the Employer will register an Employee with the Building and Construction Industry Long Service Payments Corporation within 14 days of commencement of his/her employment. 21. REDUNDANCY/SEVERANCE 21.1 The Employer will: All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 18




 



(a) participate in the ACIRT Redundancy Scheme or other equivalent Redundancy 
Scheme/Fund as agreed between the Employer and Employees (Scheme); and 

(a) make contributions to the Scheme in accordance with this clause for each Employee. 

21.2 The amount of the contribution by the Employer per Employee working in building and 
construction will be $126.60 per week. The amount of the contribution by the Employer per 
Employee working in service and/or other areas who receive Paid Leisure Days will be $126.60 
per week. 

21.3 The amount of the contribution by the Employer per week per Employee working in service 
and/or other areas who do not receive Paid Leisure Days will be: 

From 1st March 2016 $204.38 
From 1st March 2017 $207.50 
From 1st March 2018 $210.74 
From 1st March 2019 $214.10 

21.4 For the purpose of meeting its obligations under this clause the Employer will make the 
contributions set out in clause 21.2 and 21.3 above on a monthly basis in respect of each 
Employee covered by this Agreement to the Scheme. 

21.5 Contributions paid by the Employer under this clause will be paid in accordance with the 
requirements of the Scheme's trust deed. 

21.6 Upon termination the Employee will, depending on the Scheme's trust deed, be paid directly 
by the Scheme. 

21.7 The amount of the contribution by the Employer per week for each Apprentice employed by 
the Employer after lodgement of this Agreement will be as follows:-

Classification Rate per Week 
1st & 2"d Year Apprentices NIL 
3rd & 4th Year Apprentices $16.50 

21.8 DEFINITION 

(a) Redundancy means a situation where an Employee ceases to be employed by the 
Employer, other than for reasons of misconduct or refusal of duty. Redundant has a 
corresponding meaning. 

21.9 REDUNDANCY PAY 

(a) A redundant Employee will receive redundancy/severance payments, calculated as 
follows, in respect of all continuous service (as defined by this Agreement) with his/her 
Employer provided that any service prior to 25 September 1990 will not be counted as 
service unless the Employee is made redundant by the Employer: 

(b) 

Period of Continuous Service with an 
Redundancy/Severance Pay 

Employer 
Less than 1 year Nil 

1 year or more but less than 2 years 2.4 weeks' pay plus, for all service in 

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(a) participate in the ACIRT Redundancy Scheme or other equivalent Redundancy Scheme/Fund as agreed between the Employer and Employees (Scheme); and (a) make contributions to the Scheme in accordance with this clause for each Employee. 21.2 The amount of the contribution by the Employer per Employee working in building and construction will be $126.60 per week. The amount of the contribution by the Employer per Employee working in service and/or other areas who receive Paid Leisure Days will be $126.60 per week. 21.3 The amount of the contribution by the Employer per week per Employee working in service and/or other areas who do not receive Paid Leisure Days will be: From 1st March 2016 $204.38 From 1st March 2017 $207.50 From 1st March 2018 $210.74 From 1st March 2019 $214.10 21.4 For the purpose of meeting its obligations under this clause the Employer will make the contributions set out in clause 21.2 and 21.3 above on a monthly basis in respect of each Employee covered by this Agreement to the Scheme. 21.5 Contributions paid by the Employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. 21.6 Upon termination the Employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. 21.7 The amount of the contribution by the Employer per week for each Apprentice employed by the Employer after lodgement of this Agreement will be as follows :- Classification Rate per Week 1st & 2nd Year Apprentices NIL 3rd & 4th Year Apprentices $16.50 21.8 DEFINITION (a) Redundancy means a situation where an Employee ceases to be employed by the Employer, other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. 21.9 REDUNDANCY PAY (a) A redundant Employee will receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by this Agreement) with his/her Employer provided that any service prior to 25 September 1990 will not be counted as service unless the Employee is made redundant by the Employer: (b) Period of Continuous Service with an Employer Redundancy/Severance Pay Less than 1 year Ni 1 year or more but less than 2 years 2.4 weeks' pay plus, for all service in All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 19




 



excess of 1 year1.75 hours pay per 
completed week of service up to a 

Maximum of 4.8 weeks' pay. 

4.8 weeks' pay plus, for all service in 

2 years or more but less than 3 years 
excess of 2 years, 1.6 hours pay per 
completed week of service up to a 

Maximum of 7 weeks' pay. 

7 weeks' pay plus, for all service in 

3 years or more but less than 4 years 
excess of 3 years, 0.73 hours pay per 
completed week of service up to a 

Maximum of 8 weeks' pay. 

4 years or more 8 weeks' pay 

(c) Weeks' pay means the ordinary time rate of pay at the time of termination for the 
Employee concerned. 

(d) The Employer's liability for redundancy/severance pay as per clause 21.9 will be set off 
against the liability of the Employer under clause 21.2, and the Employee will receive 
the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per 
clause 21.9), whichever is the greater, but not both. 

(e) If an Employee dies with a period of eligible service which would have entitled that 
Employee to redundancy pay, such redundancy pay entitlement will be paid to the 
estate of the Employee. 

21.10 CASUALS AND APPRENTICES 

(a) Any period of service as a casual will not entitle an Employee to accrue service in 
accordance with this clause for that period. 

(b) Service as an apprentice will entitle an Employee to accumulate credits towards the 
payment of a redundancy benefit in accordance with this clause if the Employee 
completes an apprenticeship and remains in employment with that Employer for a 
further twelve months. 

21.11 EMPLOYEE LEAVING DURING NOTICE PERIOD 

(a) An Employee whose employment is to be terminated in accordance with this clause 
may terminate his/her employment during the period of notice and if this occurs, will 
be entitled to the provisions of clause 21.9 as if the Employee remains with the 
Employer until the expiry of such notice. In such circumstances the Employee will not be 
entitled to payment in lieu of notice. 

22. RETRENCHMENT SELECTION CRITERIA 

22.1 To meet the needs of restructuring principles, the criteria for selection must include all of the 
following: 

(a) The special needs of the type of work the Employer may tender; 

(b) Ability, special skills and experience; 

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excess of 1 year1.75 hours pay per completed week of service up to a Maximum of 4.8 weeks' pay. 4.8 weeks' pay plus, for all service in 2 years or more but less than 3 years excess of 2 years, 1.6 hours pay per completed week of service up to a Maximum of 7 weeks' pay. 7 weeks' pay plus, for all service in 3 years or more but less than 4 years excess of 3 years, 0.73 hours pay per completed week of service up to a Maximum of 8 weeks' pay. 4 years or more 8 weeks' pay (c) Weeks' pay means the ordinary time rate of pay at the time of termination for the Employee concerned. (d) The Employer's liability for redundancy/severance pay as per clause 21.9 will be set off against the liability of the Employer under clause 21.2, and the Employee will receive the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per clause 21.9), whichever is the greater, but not both. (e) If an Employee dies with a period of eligible service which would have entitled that Employee to redundancy pay, such redundancy pay entitlement will be paid to the estate of the Employee. 21.10 CASUALS AND APPRENTICES (a) Any period of service as a casual will not entitle an Employee to accrue service in accordance with this clause for that period. (b) Service as an apprentice will entitle an Employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the Employee completes an apprenticeship and remains in employment with that Employer for a further twelve months. 21.11 EMPLOYEE LEAVING DURING NOTICE PERIOD (a) An Employee whose employment is to be terminated in accordance with this clause may terminate his/her employment during the period of notice and if this occurs, will be entitled to the provisions of clause 21.9 as if the Employee remains with the Employer until the expiry of such notice. In such circumstances the Employee will not be entitled to payment in lieu of notice. 22. RETRENCHMENT SELECTION CRITERIA 22.1 To meet the needs of restructuring principles, the criteria for selection must include all of the following: (a) The special needs of the type of work the Employer may tender; (b) Ability, special skills and experience; All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 20




 



{c) Self-motivation, productivity and ability to work without supervision; 

{d) Attendance and punctuality; 

{e) Adherence to safety procedures; 

{f) Seniority; 

{g) Reliability; and 

{h) Performance and discipline records kept for each Employee. 

23. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE 

23.1 The Company recognises the importance of providing income security for Employees 
and their families. 

23.2 Accordingly, the Employer will take out and continue to hold a Top-Up and 24 Hour Sickness & 
Accident Income Protection Plan" policy for each Employee with Marsh Pty Ltd. 

23.3 The policy taken out in accordance with clause 23.2 must not have a waiting period of more 
than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered. 

23.4 The agreed premium I rate per Employee will be a maximum of $14.75 per week. 

24. ROSTERED DAY OFF AND PAID LEISURE DAY 

24.1 ROSTERED DAY OFF {ROO) 

{a) Employees shall accrue thirteen Rostered Days Off {RDOs) per annum. 

{b) RDOs shall be taken at times when the industry has scheduled or at other times agreed 
with the Employer as follows:-

i. Six RDOs will be taken on fixed dates in accordance with the agreed industry 
calendar; and 

ii. Additional RDOs accrued may be taken in accordance with the agreed industry 
calendar or at times mutually convenient to the Employer and Employee. 

{c) Employers shall pay Employees 7.2 hours {7 hours and 12 minutes) for each RDO at the 
Hourly Rate prescribed in Appendix A and will also pay 

i. Fares and Travel as prescribed in Clause 11; and 

ii. Site Allowance as prescribed in Clause 12.1. 

24.2 PAID LEISURE DAY {PLD) 

{a) SYDNEY BASED EMPLOYEES NOT ENGAGED IN SERVICE AND/OR TESTING 

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(c) Self-motivation, productivity and ability to work without supervision; (d) Attendance and punctuality; · (e) Adherence to safety procedures; (f) Seniority; (g) Reliability; and (h) Performance and discipline records kept for each Employee. 23. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE 23.1 The Company recognises the importance of providing income security for Employees and their families. 23.2 Accordingly, the Employer will take out and continue to hold a Top-Up and 24 Hour Sickness & Accident Income Protection Plan" policy for each Employee with Marsh Pty Ltd. 23.3 The policy taken out in accordance with clause 23.2 must not have a waiting period of more than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered. 23.4 The agreed premium / rate per Employee will be a maximum of $14.75 per week. 24. ROSTERED DAY OFF AND PAID LEISURE DAY 24.1 ROSTERED DAY OFF (RDO) (a) Employees shall accrue thirteen Rostered Days Off (RDOs) per annum. (b) RDOs shall be taken at times when the industry has scheduled or at other times agreed with the Employer as follows :- . Six RDOs will be taken on fixed dates in accordance with the agreed industry calendar; and ii. Additional RDOs accrued may be taken in accordance with the agreed industry calendar or at times mutually convenient to the Employer and Employee. (c) Employers shall pay Employees 7.2 hours (7 hours and 12 minutes) for each RDO at the Hourly Rate prescribed in Appendix A and will also pay i. Fares and Travel as prescribed in Clause 11; and ii. Site Allowance as prescribed in Clause 12.1. 24.2 PAID LEISURE DAY (PLD) (a) SYDNEY BASED EMPLOYEES NOT ENGAGED IN SERVICE AND/OR TESTING All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 21




 



i. Sydney based Employees not engaged in Service and/or Testing shall accrue thirteen 
Paid Leisure Days (PLDs) per annum. 

ii. PLDs will be taken on Saturday, or at other times agreed between the Employer and 
Employees, as follows: 

A. A PLD will be taken on nominated No Work Saturdays, as detailed in the agreed 
industry calendar; and 

B. Additional PLDs accrued may be taken in accordance with the agreed industry 
calendar or at times mutually convenient to the Employer and Employee. 

iii. The PLD shall be paid at the Hourly Rate prescribed in Appendix A for 7.2 hours (7 
hours 12 minutes) and be paid Site Allowance in accordance with Clause 12.1, but 
Fares and Travel will not be paid for a PLD. 

(b) SYDNEY BASED EMPLOYEES INVOLVED IN SERVICE AND/OR TESTING 

i. Sydney based Employees involved in Service and/or Testing shall be paid the 
"Service/Other Areas" rate as the Employer contribution to the ACIRT Redundancy 
Scheme as per Clause 21.3 in lieu of receiving Paid Leisure Days. 

24.3 COMMENCING EMPLOYMENT 

(a) When commencing employment, Employees may not have enough RDO/PLD accruals to 
obtain full payment therefore only partial payment may be made from accruals they 
have accumulated since commencing employment. 

24.4 TERMINATION OF EMPLOYMENT 

(a) Upon termination, the Employer will pay Employees all unused RDO accruals and PLD 
accruals. 

25. HOURS OF WORK 

25.1 Except as provided elsewhere in this Agreement, the average ordinary working hours will be 
worked in a twenty-day, four week cycle, Monday to Friday inclusive, with nineteen working 
days of eight hours each between the hours of 7.00 a.m. and 6.00 p.m., in accordance with the 
following provisions:-

(a) Employees shall receive 7.2 hours (7 hours 12 minutes) for each 19 days they work or 
take paid leave as an entitlement to take one Rostered Day Off (RDO) in each cycle paid 
as though worked, in accordance with arrangements contained in clause 24.1. 

(b) Sydney based Employees (not involved in Service and/or Testing) shall receive 7.2 hours 
(7 hours 12 minutes) for each 19 days they work or take paid leave as an entitlement to 
take one Paid Leisure Day (PLD) in accordance with the arrangements contained in 
clause 24.2. 

25.2 An Employee is not entitled to accrue the time provided for in clause 24 whilst on an RDO or 
PLD. 

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i. Sydney based Employees not engaged in Service and/or Testing shall accrue thirteen Paid Leisure Days (PLDs) per annum. ii. PLDs will be taken on Saturday, or at other times agreed between the Employer and Employees, as follows: A. A PLD will be taken on nominated No Work Saturdays, as detailed in the agreed industry calendar; and B. Additional PLDs accrued may be taken in accordance with the agreed industry calendar or at times mutually convenient to the Employer and Employee. 1. The PLD shall be paid at the Hourly Rate prescribed in Appendix A for 7.2 hours (7 hours 12 minutes) and be paid Site Allowance in accordance with Clause 12.1, but Fares and Travel will not be paid for a PLD. (b) SYDNEY BASED EMPLOYEES INVOLVED IN SERVICE AND/OR TESTING i. Sydney based Employees involved in Service and/or Testing shall be paid the "Service/Other Areas" rate as the Employer contribution to the ACIRT Redundancy Scheme as per Clause 21.3 in lieu of receiving Paid Leisure Days. 24.3 COMMENCING EMPLOYMENT (a) When commencing employment, Employees may not have enough RDO/PLD accruals to obtain full payment therefore only partial payment may be made from accruals they have accumulated since commencing employment. 24.4 TERMINATION OF EMPLOYMENT (a) Upon termination, the Employer will pay Employees all unused RDO accruals and PLD accruals. 25. HOURS OF WORK 25.1 Except as provided elsewhere in this Agreement, the average ordinary working hours will be worked in a twenty-day, four week cycle, Monday to Friday inclusive, with nineteen working days of eight hours each between the hours of 7.00 a.m. and 6.00 p.m ., in accordance with the following provisions :- (a) Employees shall receive 7.2 hours (7 hours 12 minutes) for each 19 days they work or take paid leave as an entitlement to take one Rostered Day Off (RDO) in each cycle paid as though worked, in accordance with arrangements contained in clause 24.1. (b) Sydney based Employees (not involved in Service and/or Testing) shall receive 7.2 hours (7 hours 12 minutes) for each 19 days they work or take paid leave as an entitlement to take one Paid Leisure Day (PLD) in accordance with the arrangements contained in clause 24.2. 25.2 An Employee is not entitled to accrue the time provided for in clause 24 whilst on an RDO or PLD. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 22




 



25.3 For each day of paid leave Employees will, for all forms of leave be paid 7.2 hours (7 hours 12 
minutes) at the Hourly Rate prescribed in Appendix A. 

24.4 Start and Finish Times 

(a) The normal working day shall commence at 7:00am. By Agreement between the Employer 
and Employees, the working day may begin at 6:00am or at any other time between that 
hour and 9:00am, and the working time will then begin to run from the time so fixed, with 
a consequential adjustment to the meal break and finish time. The rates in appendix 1 
compensate for the early start at 6:00am. 

(b) Employees will be entitled to take five minutes immediately before lunch and before 
finishing time to enable them to wash and put away gear. The washing time breaks will be 
counted as time worked. 

(c) The Employee is entitled to take daily Work Breaks as defined in clause 26. 

(d) The Employee shall finish work on a normal working day at 3:30pm ifthe Work Breaks 
prescribed in clause 26 are taken. 

26. WORK BREAKS 

26.1 DAILY REST BREAKS 

(a) There will be allowed, without deduction of pay, a rest period of 10 minutes between 
9.00 am. and 11:00 am. By Agreement this Daily Rest Break may not be taken and a 
reasonable adjustment will be made to the finishing time. 

26.2 MEAL BREAKS 

(a) There will be a cessation of work and working time within the first 5 hours of each day 
for the purpose of a meal on each day, of not less than 30 minutes, to be taken as an 
unpaid break at a time that meets the needs of each particular project. 

26.3 VARIATION OF MEAL BREAKS 

(a) Where, because of the area or location of a project the period of the meal break may be 
lengthened to not more than 45 minutes with a consequential adjustment to the daily 
time of cessation of work. 

26.4 OVERTIME REST BREAKS 

(a) When an Employee is required to work ten or more hours in any shift, the Employee will 
be allowed to take without deduction of pay, a rest break of 20 minutes in duration and 
thereafter, after each four hours of continuous work, the Employee will be allowed to 
take, without deduction of pay, a rest break of 30 minutes in duration. In the event of 
an Employee remaining at work without taking the rest break of 20 minutes the 
Employee will be regarded as having worked 20 minutes more than the time worked 
and be paid accordingly. 

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25.3 For each day of paid leave Employees will, for all forms of leave be paid 7.2 hours (7 hours 12 minutes) at the Hourly Rate prescribed in Appendix A. 24.4 Start and Finish Times (a) The normal working day shall commence at 7:00am. By Agreement between the Employer and Employees, the working day may begin at 6:00am or at any other time between that hour and 9:00am, and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break and finish time. The rates in appendix 1 compensate for the early start at 6:00am. (b) Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. (c) The Employee is entitled to take daily Work Breaks as defined in clause 26. (d) The Employee shall finish work on a normal working day at 3:30pm if the Work Breaks prescribed in clause 26 are taken. 26. WORK BREAKS 26.1 DAILY REST BREAKS (a) There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am. and 11:00 am. By Agreement this Daily Rest Break may not be taken and a reasonable adjustment will be made to the finishing time. 26.2 MEAL BREAKS (a) There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken as an unpaid break at a time that meets the needs of each particular project. 26.3 VARIATION OF MEAL BREAKS (a) Where, because of the area or location of a project the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 26.4 OVERTIME REST BREAKS (a) When an Employee is required to work ten or more hours in any shift, the Employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration and thereafter, after each four hours of continuous work, the Employee will be allowed to take, without deduction of pay, a rest break of 30 minutes in duration. In the event of an Employee remaining at work without taking the rest break of 20 minutes the Employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 23




 



26.5 SMOKING 

(a) Smoking is not permitted in any building, site office, mess room/shed, change 
room/shed, sanitary facility or any other amenities where signage is displayed indicating 
smoking is not permitted. 

(b) Smoking is not permitted within the confines or premises of customers. 

(c) Smoking is not permitted in Company vehicles. 

27. OVERTIME- CONSTRUCTION ONLY 

27.1 OVERTIME GENERALLY 

(a) All time worked beyond the ordinary hours of work as prescribed in clause 25, inclusive 
of time worked for accrual purposes as prescribed in Clause 24, will be paid for at the 
rate of time plus one half the Hourly Rate (i.e. 150% the normal time rate) prescribed in 
Appendix A for the first two hours then at double the Hourly Rate (i.e. 200% the normal 
time rate) prescribed in Appendix A. 

27.2 CALL-BACK 

(a) An Employee recalled to work overtime after leaving the Employer's business premises 
(whether notified before or after leaving the premises) will be paid for a minimum of 
four hours' work at the appropriate rates for each time the Employee is so recalled. 

(b) Except in the case of unforeseen circumstances arising the Employee will not be 
required to work the full four hours referenced in Clause 27.2(a) if the job or jobs the 
Employee was recalled to perform is completed within a shorter period. 

(c) When an Employee is recalled to work after leaving the Employer's business premises 
prior to the expiration of a ten-hour break after ordinary ceasing time and the actual 
time worked on the call out does not exceed three hours, the provisions of clause 
27.2(a) will not apply. 

(d) Clause 27.2(a) will not apply in cases where it is customary for an Employee to return to 
the Employer's premises to perform a specific job outside ordinary working hours, or 
where the overtime is continuous (subject to a reasonable meal break) with the 
completion or commencement of ordinary working time. 

27.3 WORKING DURING MEAL BREAK 

(a) If the Employer requires an Employee to work through their normal meal break the 
Employee will be paid at double the Hourly Rate prescribed in Appendix A (i.e. 200% the 
normal time rate) from the time the meal break would be taken until the Employee is 
allowed to take such a break. 

27.4 TRANSPORT AFTER OVERTIME OR HOLIDAY WORK 

(a) When an Employee, after having worked overtime for which the Employee has not been 
regularly rostered or on a prescribed holiday, finishes work at a time then reasonable 

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26.5 SMOKING (a) Smoking is not permitted in any building, site office, mess room/shed, change room/shed, sanitary facility or any other amenities where signage is displayed indicating smoking is not permitted. (b) Smoking is not permitted within the confines or premises of customers. (c) Smoking is not permitted in Company vehicles. 27. OVERTIME - CONSTRUCTION ONLY 27.1 OVERTIME GENERALLY (a) All time worked beyond the ordinary hours of work as prescribed in clause 25, inclusive of time worked for accrual purposes as prescribed in Clause 24, will be paid for at the rate of time plus one half the Hourly Rate (i.e. 150% the normal time rate) prescribed in Appendix A for the first two hours then at double the Hourly Rate (i.e. 200% the normal time rate) prescribed in Appendix A. 27.2 CALL-BACK (a) An Employee recalled to work overtime after leaving the Employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four hours' work at the appropriate rates for each time the Employee is so recalled. (b) Except in the case of unforeseen circumstances arising the Employee will not be required to work the full four hours referenced in Clause 27.2(a) if the job or jobs the Employee was recalled to perform is completed within a shorter period. (c) When an Employee is recalled to work after leaving the Employer's business premises prior to the expiration of a ten-hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three hours, the provisions of clause 27.2(a) will not apply. (d) Clause 27.2(a) will not apply in cases where it is customary for an Employee to return to the Employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 27.3 WORKING DURING MEAL BREAK (a) If the Employer requires an Employee to work through their normal meal break the Employee will be paid at double the Hourly Rate prescribed in Appendix A (i.e. 200% the normal time rate) from the time the meal break would be taken until the Employee is allowed to take such a break. 27.4 TRANSPORT AFTER OVERTIME OR HOLIDAY WORK (a) When an Employee, after having worked overtime for which the Employee has not been regularly rostered or on a prescribed holiday, finishes work at a time then reasonable All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 24




 



means of transport are not available the Employer will pay the cost of or provide a 
conveyance to their home or to the nearest public transport. 

27.5 BREAKS BETWEEN WORKING DAYS 

(a) An Employee that works so much overtime that, between the termination of ordinary 
work on one day and the commencement of ordinary work on the next day, the 
Employee has not had at least 10 consecutive hours off duty between those times, or 
on a Saturday, Sunday or Holiday without having had 10 consecutive hours off duty in 
the 24 hours preceding ordinary commencing time on their next ordinary day will, 
subject to this subclause, be released after completion of such overtime until the 
Employee has had 10 consecutive hours off duty without loss of pay for ordinary 
working time occurring during such absence. 

(b) If, on the instructions of the Employer, such an Employee resumes or continues work 
without having had such 10 consecutive hours off duty the Employee will be paid at 
double time rates until the Employee is released from duty for such period and the 
Employee will then be entitled to be absent until the Employee has had 10 consecutive 
hours off duty without loss of pay for ordinary working time occurring during such 
absence. 

(c) An Employee who has worked continuously (except for work breaks allowed by this 
Agreement) for 20 hours including holiday work will not be required to continue at or 
recommence work for at least 12 hours. 

28. WEEKEND WORK 

28.1 Time worked on Saturday's and Sunday's will be paid for at the rate of double the Hourly Rate 
prescribed in Appendix A (i.e. 200% the normal time rate). 

28.2 An Employee required to work on a Saturday or Sunday will be afforded at least three hours' 
work on a Saturday or four hours' work on a Sunday or will be paid for three hours on a 
Saturday or four hours on a Sunday at the appropriate rate. 

28.3 An Employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of 
ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though 
worked. 

28.4 An Employee working on a Saturday or Sunday will be allowed a paid meal break of 20 
minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not 
prevent any arrangements being made for the taking of a 30 minute meal period, the time in 
addition to the paid 20 minutes being without pay. In the event of an Employee being 
required to work in excess of a further four hours, the Employee will be allowed to take a paid 
rest break of 30 minutes which will be paid at the ordinary rate of pay. 

29. NIGHT SHIFT 

29.1 Wherever it may be found necessary in the erection, alteration, renovation or demolition of 
buildings to work wholly by night, or in two shifts, day and night, the following terms and 
conditions will apply. 

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means of transport are not available the Employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 27.5 BREAKS BETWEEN WORKING DAYS (a) An Employee that works so much overtime that, between the termination of ordinary work on one day and the commencement of ordinary work on the next day, the Employee has not had at least 10 consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had 10 consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next ordinary day will, subject to this subclause, be released after completion of such overtime until the Employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (b) If, on the instructions of the Employer, such an Employee resumes or continues work without having had such 10 consecutive hours off duty the Employee will be paid at double time rates until the Employee is released from duty for such period and the Employee will then be entitled to be absent until the Employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (c) An Employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least 12 hours. 28. WEEKEND WORK 28.1 Time worked on Saturday's and Sunday's will be paid for at the rate of double the Hourly Rate prescribed in Appendix A (i.e. 200% the normal time rate). 28.2 An Employee required to work on a Saturday or Sunday will be afforded at least three hours' work on a Saturday or four hours' work on a Sunday or will be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate. 28.3 An Employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 28.4 An Employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an Employee being required to work in excess of a further four hours, the Employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay. 29. NIGHT SHIFT 29.1 Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night, or in two shifts, day and night, the following terms and conditions will apply. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 25




 



29.2 No Employee who is employed during the ordinary hours will be employed on night shift 
except on overtime rates or vice-versa. 

29.3 Reasonable time will be allowed for a meal or meals during such shift. 

29.4 In such cases where night shifts are worked and employment continues for more than one 
week, Employees will work five shifts per week of eight hours. Subject to clause 29.5 below, 
Employees on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow 
one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth 
shift will be paid for at the appropriate shift rate as prescribed by this clause and the 
appropriate allowance under clause 11. 

29.5 In addition to sub clause 29.4, Employees engaged in Sydney and the ACT will accrue an 
additional 0.4hours for each 8-hour shift worked that will accrue as a PLD entitlement in 
accordance with clause 25. 

29.6 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 30, 
will be regarded as shifts worked for accrual purposes. 

29.7 Any unused accrued entitlement under this clause will be paid on termination of employment. 

29.8 The Employer and Employee will agree in writing upon arrangements for rostered paid days 
off during the twenty shift cycle or for accumulation of accrued days to be taken at or before 
the end ofthe particular contract, provided that such accumulation will be limited to no more 
than five such accrued days before they are taken as paid days of( and when taken those days 
will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 

29.9 Once such days have been rostered they will be taken as paid days off provided that where 
the Employer for emergency reasons requires an Employee to work on a rostered day off, the 
Employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 
29.10. 

29.10 An Employee employed for less than five continuous shifts in any working week will be paid in 
accordance with clause 27 and clause 28. In cases where the Employee has been employed on 
night shift for more than one week continuously then in such cases if the job finishes during 
the currency of the week's work the Employer will be at liberty to terminate the engagement 
and will pay to such Employee the rate fixed for night shift work for the time actually worked. 
In cases where less than a full week is worked, due to the action of the Employee, the rate 
payable for the actual time worked will be ordinary night shift rates. 

29.11 The rate of pay for night shift will be 133% of the respective wage rate. 

29.12 The starting and finishing hours for night shift work will be agreed upon mutually between the 
Employer and a majority of affected Employees. The provisions relating to clause 25 and 
clause 33 apply to Employees working shift work provided that the starting time for ordinary 
night shift hours will not be before 3.00pm. 

30. HOLIDAYS AND SUNDAY WORK 

30.1 An Employee on Weekly Employment will be entitled without loss of pay to public holidays as 
follows:-

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29.2 No Employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 29.3 Reasonable time will be allowed for a meal or meals during such shift. 29.4 In such cases where night shifts are worked and employment continues for more than one week, Employees will work five shifts per week of eight hours. Subject to clause 29.5 below, Employees on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 11. 29.5 In addition to sub clause 29.4, Employees engaged in Sydney and the ACT will accrue an additional 0.4hours for each 8-hour shift worked that will accrue as a PLD entitlement in accordance with clause 25. 29.6 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 30, will be regarded as shifts worked for accrual purposes. 29.7 Any unused accrued entitlement under this clause will be paid on termination of employment. 29.8 The Employer and Employee will agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days to be taken at or before the end of the particular contract, provided that such accumulation will be limited to no more than five such accrued days before they are taken as paid days off, and when taken those days will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 29.9 Once such days have been rostered they will be taken as paid days off provided that where the Employer for emergency reasons requires an Employee to work on a rostered day off, the Employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 29.10. 29.10 An Employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 27 and clause 28. In cases where the Employee has been employed on night shift for more than one week continuously then in such cases if the job finishes during the currency of the week's work the Employer will be at liberty to terminate the engagement and will pay to such Employee the rate fixed for night shift work for the time actually worked. In cases where less than a full week is worked, due to the action of the Employee, the rate payable for the actual time worked will be ordinary night shift rates. 29.11 The rate of pay for night shift will be 133% of the respective wage rate. 29.12 The starting and finishing hours for night shift work will be agreed upon mutually between the Employer and a majority of affected Employees. The provisions relating to clause 25 and clause 33 apply to Employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. 30. HOLIDAYS AND SUNDAY WORK 30.1 An Employee on Weekly Employment will be entitled without loss of pay to public holidays as follows :- All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 26




 



New Year's Day Anzac Day 
Australia Day Queen's Birthday 

Canberra Day (ACT only) Labour Day 
Good Friday Family & Community Day (ACT only) 

Easter Saturday Christmas Day 
Easter Monday Boxing Day 

or such other day as is generally observed in a locality as a substitute for these days. 

30.2 Provided that a Sprinkler Fitter I Fire Protection Worker will be entitled to such other holiday 
as may be applicable to and on the same terms and conditions as the majority of building 
workers in that State or Territory or in accordance with Governmental proclamation. 

30.3 By Agreement between any Employer and his/her Employees other days may be substituted 
for the said days or any of them as to such Employer's undertaking. 

30.4 When employed on a Sunday, the Employee will receive double the respective rate provided 
always that each Employee will receive payment at double the respective wage rate for not 
less than one-half day's employment for any time so worked between 7.00 a.m. and 5.00 p.m. 

30.5 When work is performed on any of the public holidays specified in 30.1, an Employee will be 
paid at the rate of double time and a half for work done. Such rate is to continue until he/she 
is released from duty. 

30.6 An Employee who works on a Sunday or a public holiday and (except for meal breaks) 
immediately thereafter continues such work will on being relieved from duty be entitled to be 
absent until he/she has had 10 consecutive hours off duty without deduction of pay for 
ordinary time off duty occurring during such absence. 

30.7 An Employer who terminates the employment of an Employee except for reasons of 
misconduct or incompetency (proof of which will lie upon the Employer) will pay the 
Employee a day's ordinary wages for each public holiday or each public holiday in a group as 
prescribed in 30.1 which falls within 10 consecutive calendar days after the day of 
termination. 

30.8 Where any two or more of the holidays prescribed in this Agreement occur within a 7 day 
span, such holidays will for the purposes of this Agreement be a group of holidays. If the first 
day of the group of public holidays falls within 10 consecutive calendar days after termination, 
the whole group will be deemed to fall within the 10 days. Christmas Day, Boxing Day and 
New Year's Day will be regarded as a group. 

31. FAMILY PICNIC DAY 

31.1 All NSW Employees covered by this Agreement will be entitled to Family Picnic Day without 
loss of pay on the first Monday in December of each year. An Employee required to work on 
picnic day will be paid at the rate of double time paid for not less than four hours work. Proof 
of attendance at the picnic day must be provided by the Employee to entitle him/her to 
payment for the Family picnic day. 

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New Year's Day Anzac Day Australia Day Queen's Birthday Canberra Day (ACT only) Labour Day Good Friday Family & Community Day (ACT only) Easter Saturday Christmas Day Easter Monday Boxing Day or such other day as is generally observed in a locality as a substitute for these days. 30.2 Provided that a Sprinkler Fitter / Fire Protection Worker will be entitled to such other holiday as may be applicable to and on the same terms and conditions as the majority of building workers in that State or Territory or in accordance with Governmental proclamation. 30.3 By Agreement between any Employer and his/her Employees other days may be substituted for the said days or any of them as to such Employer's undertaking. 30.4 When employed on a Sunday, the Employee will receive double the respective rate provided always that each Employee will receive payment at double the respective wage rate for not less than one-half day's employment for any time so worked between 7.00 a.m. and 5.00 p.m. 30.5 When work is performed on any of the public holidays specified in 30.1, an Employee will be paid at the rate of double time and a half for work done. Such rate is to continue until he/she is released from duty. 30.6 An Employee who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work will on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time off duty occurring during such absence. 30.7 An Employer who terminates the employment of an Employee except for reasons of misconduct or incompetency (proof of which will lie upon the Employer) will pay the Employee a day's ordinary wages for each public holiday or each public holiday in a group as prescribed in 30.1 which falls within 10 consecutive calendar days after the day of termination. 30.8 Where any two or more of the holidays prescribed in this Agreement occur within a 7 day span, such holidays will for the purposes of this Agreement be a group of holidays. If the first day of the group of public holidays falls within 10 consecutive calendar days after termination, the whole group will be deemed to fall within the 10 days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. 31. FAMILY PICNIC DAY 31.1 All NSW Employees covered by this Agreement will be entitled to Family Picnic Day without loss of pay on the first Monday in December of each year. An Employee required to work on picnic day will be paid at the rate of double time paid for not less than four hours work. Proof of attendance at the picnic day must be provided by the Employee to entitle him/her to payment for the Family picnic day. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 27




 



32. PERSONAL/CARER'S LEAVE AND COMPASSIONATE LEAVE 

32.1 Entitlement to personal leave under this Agreement shall be in accordance with the National 
Employment Standards. 

33. ANNUAL LEAVE 

33.1 The provision of annual leave under the Agreement shall be in accordance with the National 
Employment Standards. 

33.2 In addition, the Employee will receive a loading of 17.5% calculated on the rates, prescribed 
by Appendix 1. 

33.3 The loading prescribed in clause 33.2 will be paid out on any unused annual leave on 
termination of employment by either party. 

34. PARENTALLEAVE 

34.1 The provision of parental leave under the Agreement shall be in accordance with the National 
Employment Standards. 

35. TERMINATION OF EMPLOYMENT 

35.1 NOTICE OF TERMINATION 

{a) In order to terminate the employment of an Employee the Employer must give to the 
Employee the following notice: 

Employee's period of continuous service with the Employer Period of notice 

Not more than 1 year At least 1 Week 

More than 1 year but not more than 3 years At least 2 Weeks 

More than 3 years but not more than 5 years At least 3 Weeks 

More than 5 years At least 4 Weeks 

{b) In addition to the notice in clause 35.1{a), Employees over 45 years of age at the time of 
the giving of the notice with not less than two years' service are entitled to an 
additional week's notice. 

{c) Payment in lieu ofthe notice prescribed in clauses 35.1{a) and clause 35.1{b) must be 
made if the appropriate notice period is not given. Provided that employment may be 
terminated by part of the period of notice specified and part payment in lieu thereof. 

{d) In calculating any payment in lieu of notice the wages an Employee would have received 
in respect of the ordinary time he/she would have worked during the period of notice, 
had their employment not be terminated, must be used. 

{e) The period of notice in this clause does not apply in the case of dismissal for conduct 
that justifies instant dismissal or in the case of casual Employees. 

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32. PERSONAL/CARER'S LEAVE AND COMPASSIONATE LEAVE 32.1 Entitlement to personal leave under this Agreement shall be in accordance with the National Employment Standards. 33. ANNUAL LEAVE 33.1 The provision of annual leave under the Agreement shall be in accordance with the National Employment Standards. 33.2 In addition, the Employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix 1. 33.3 The loading prescribed in clause 33.2 will be paid out on any unused annual leave on termination of employment by either party. 34. PARENTAL LEAVE 34.1 The provision of parental leave under the Agreement shall be in accordance with the National Employment Standards. 35. TERMINATION OF EMPLOYMENT 35.1 NOTICE OF TERMINATION (a) In order to terminate the employment of an Employee the Employer must give to the Employee the following notice: Employee's period of continuous service with the Employer Period of notice Not more than 1 year At least 1 Week More than 1 year but not more than 3 years At least 2 Weeks More than 3 years but not more than 5 years At least 3 Weeks More than 5 years At least 4 Weeks (b) In addition to the notice in clause 35.1(a), Employees over 45 years of age at the time of the giving of the notice with not less than two years' service are entitled to an additional week's notice. (c) Payment in lieu of the notice prescribed in clauses 35.1(a) and clause 35.1(b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (d) In calculating any payment in lieu of notice the wages an Employee would have received in respect of the ordinary time he/she would have worked during the period of notice, had their employment not be terminated, must be used. (e) The period of notice in this clause does not apply in the case of dismissal for conduct that justifies instant dismissal or in the case of casual Employees. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 28




 



35.2 NOTICE OF TERMINATION BY THE EMPLOYEE 

(a) The notice of termination required to be given by an Employee must be one week's 
notice or payment in lieu of the notice if the notice period is not given. Provided that 
employment may be terminated by part of the period of notice specified and part 
payment in lieu of the balance. 

(b) If an Employee fails to give notice the Employer will have the right to withhold monies 
due to the Employee with a maximum amount equal to the ordinary time rate of pay for 
the period of notice. 

35.3 STATEMENT OF EMPLOYMENT 

(a) The Employer will, upon receipt of a request from an Employee whose employment has 
been terminated, provide to the Employee a written statement specifying the period of 
his/her employment and the classification of or the type of work performed by the 
Employee. 

35.4 STANDING DOWN OF EMPLOYEES 

(a) Notwithstanding anything elsewhere contained in this clause the Employer will have the 
right to deduct payment for any day the Employee cannot be usefully employed 
because of any strike or any stoppage of work by any cause. 

36. APPRENTICES 

36.1 Apprentices will be paid all wages, conditions and allowances under this Agreement for time 
spent attending college/school in the course of their apprenticeship. 

36.2 Time spent attending college/school will count as time served for all purposes. 

36.3 Apprentices who fail college/school will not receive productivity allowance payments until 
they have passed the previous year's training. 

36.4 All Sprinkler Pipe Fitter apprentices employed by the Employer will be registered with the 
appropriate NSW training authority. 

36.5 The Sprinkler Fitting I Fire Protection course to be undertaken by the Apprentice will be 
mutually agreed between the Apprentice and the Employer. 

36.6 For the purpose of this clause training Agreement will be taken to include contract of training 
and indenture. 

36.7 APPRENTICE TRAINING 

(a) The apprentice will work towards achieving the qualification of a trade certificate in 
Sprinkler Fitting I Fire Protection or any subsequent equivalent certificate Ill in Services 
(Fire Protection). The apprentices will do their course by block release. 

(b) Where an apprentice cannot reasonably be expected to travel to and from his/her 
residence each day during the period of Block Release Training, return travel between 
his/her usual place of residence and the city where the course is conducted will be 

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35.2 NOTICE OF TERMINATION BY THE EMPLOYEE (a) The notice of termination required to be given by an Employee must be one week's notice or payment in lieu of the notice if the notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu of the balance. (b) If an Employee fails to give notice the Employer will have the right to withhold monies due to the Employee with a maximum amount equal to the ordinary time rate of pay for the period of notice. 35.3 STATEMENT OF EMPLOYMENT (a) The Employer will, upon receipt of a request from an Employee whose employment has been terminated, provide to the Employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the Employee. 35.4 STANDING DOWN OF EMPLOYEES (a) Notwithstanding anything elsewhere contained in this clause the Employer will have the right to deduct payment for any day the Employee cannot be usefully employed because of any strike or any stoppage of work by any cause. 36. APPRENTICES 36.1 Apprentices will be paid all wages, conditions and allowances under this Agreement for time spent attending college/school in the course of their apprenticeship. 36.2 Time spent attending college/school will count as time served for all purposes. 36.3 Apprentices who fail college/school will not receive productivity allowance payments until they have passed the previous year's training. 36.4 All Sprinkler Pipe Fitter apprentices employed by the Employer will be registered with the appropriate NSW training authority. 36.5 The Sprinkler Fitting / Fire Protection course to be undertaken by the Apprentice will be mutually agreed between the Apprentice and the Employer. 36.6 For the purpose of this clause training Agreement will be taken to include contract of training and indenture. 36.7 APPRENTICE TRAINING (a) The apprentice will work towards achieving the qualification of a trade certificate in Sprinkler Fitting / Fire Protection or any subsequent equivalent certificate III in Services (Fire Protection). The apprentices will do their course by block release. (b) Where an apprentice cannot reasonably be expected to travel to and from his/her residence each day during the period of Block Release Training, return travel between his/her usual place of residence and the city where the course is conducted will be All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 29




 



arranged by the Employer at no cost to the apprentice. The Employer will also arrange 
suitable accommodation to be available at no cost to the apprentice. 

(c) Fees due by an apprentice for attending the Sprinkler Fitting Trade Course shall be paid 
by the Employer at the time such fees become due. Where an apprentice fails to 
complete a course of study or fails a particular subject any additional fees due in order 
to complete the course will be the responsibility of the apprentice. 

36.8 CONTRACT OF APPRENTICESHIP/ TRAINING AGREEMENT/ INDENTURE 

(a) The apprentices will be contracted to the Employer to learn the craft or trade of 
Sprinkler Fitting I Fire Protection on a full time basis for a term of four years comprising 
of off-the-job and on-the-job training to complete the Sprinkler Fitting I Fire Protection 
apprenticeship. 

(b) Every training Agreement for an apprenticeship hereinafter made will contain as a 
minimum the following information:-

i. The names of the parties; 

ii. The date of birth of the apprentice; 

iii. A statement that Sprinkler Fitting/ Fire Protection is the trade, vocation or 
occupation to which the apprentice is to be contracted; 

iv. Agreement by the Employer to teach and instruct and/or cause the apprentice to be 
taught or instructed in the trade, vocation or occupation to which the apprentice is 
contracted; 

v. The date at which the apprenticeship is to commence or from which it is to be 
calculated with the nominal time period expected to complete the training being 
four years; and 

vi. A provision that specifies that the Sprinkler Fitting/ Fire Protection 1st Class 
Apprenticeship course taught at Randwick TAFE College or any agreed subsequent 
course or National Training Package that supersedes these courses and which leads 
to a AQF certificate Ill qualification in Services (Fire Protection) is the course that is 
to be taught for the purpose of the apprenticeship. These provisions are to be 
contained in the Training Program or outline of the training that may be attached to 
or form part of the training Agreement. 

(c) The Training Program or outline of training will be consistent with any future National 
Training Package for Fire Protection and its various components including the Learning 
Strategy. 

36.9 CANCELLATION, SUSPENSION OR TRANSFER OF APPRENTICESHIP 

(a) Subject to the approval of an appropriate statutory training authority, but not 
otherwise, a training Agreement may be suspended or cancelled: 

i. By the mutual consent of the parties; 

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arranged by the Employer at no cost to the apprentice. The Employer will also arrange suitable accommodation to be available at no cost to the apprentice. (c) Fees due by an apprentice for attending the Sprinkler Fitting Trade Course shall be paid by the Employer at the time such fees become due. Where an apprentice fails to complete a course of study or fails a particular subject any additional fees due in order to complete the course will be the responsibility of the apprentice. 36.8 CONTRACT OF APPRENTICESHIP / TRAINING AGREEMENT / INDENTURE (a) The apprentices will be contracted to the Employer to learn the craft or trade of Sprinkler Fitting / Fire Protection on a full time basis for a term of four years comprising of off-the-job and on-the-job training to complete the Sprinkler Fitting / Fire Protection apprenticeship. (b) Every training Agreement for an apprenticeship hereinafter made will contain as a minimum the following information :- i. The names of the parties; ii. The date of birth of the apprentice; iii. A statement that Sprinkler Fitting / Fire Protection is the trade, vocation or occupation to which the apprentice is to be contracted; iv. Agreement by the Employer to teach and instruct and/or cause the apprentice to be taught or instructed in the trade, vocation or occupation to which the apprentice is contracted; . The date at which the apprenticeship is to commence or from which it is to be calculated with the nominal time period expected to complete the training being four years; and vi. A provision that specifies that the Sprinkler Fitting / Fire Protection 1st Class Apprenticeship course taught at Randwick TAFE College or any agreed subsequent course or National Training Package that supersedes these courses and which leads to a AQF certificate III qualification in Services (Fire Protection) is the course that is to be taught for the purpose of the apprenticeship. These provisions are to be contained in the Training Program or outline of the training that may be attached to or form part of the training Agreement. (c) The Training Program or outline of training will be consistent with any future National Training Package for Fire Protection and its various components including the Learning Strategy. 36.9 CANCELLATION, SUSPENSION OR TRANSFER OF APPRENTICESHIP (a) Subject to the approval of an appropriate statutory training authority, but not otherwise, a training Agreement may be suspended or cancelled: . By the mutual consent of the parties; All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 30




 



ii. if through lack of orders or financial difficulties an Employer is unable to find suitable 
employment for an apprentice and a transfer to another Employer cannot be 
arranged; 

iii. If in the opinion of the appropriate statutory training authority circumstances exist 
which render such suspension or cancellation necessary or desirable; or 

iv. An apprentice may, with the consent of the parties to the training Agreement and 
with the approval of the appropriate statutory training authority, transfer his/her 
training Agreement to another Employer. Provided always that irrespective of the 
number of different Employers taking the apprentice for a term, the two or more 
terms will be regarded as one continuous term and the later or latest Employer will 
accept the apprentice at the position the apprentice occupied under his/her training 
Agreement at the date he/she was with his/her immediate former Employer. 

36.10 Any training Agreement inconsistent with the provisions of clause 36 will be null and void and 
of no force or effect while this Agreement remains in force and applies to the parties to the 
training Agreement. Clause 36.10 will not apply where there is a State training authority or 
equivalent statutory body having power to cancel, suspend or transfer training Agreements in 
the occupation specified herein provided that the conditions for the cancellation, suspension 
or transfer of such Agreements are of no lesser standard than the provisions of clause 36.9. 

36.11 PERIOD OF APPRENTICESHIP 

(a) Except as provided in clause 36.17, all apprentices under this Agreement will be 
apprenticed for a period of four years. 

36.12 PROBATIONARY PERIOD 

(a) A minor may serve a probationary period of three months and if apprenticed such three 
months will count as part of his/her period of apprenticeship. This sub-clause will not 
apply where there is a statutory apprenticeship authority having power to determine 
probationary period. 

36.13 WAGES APPRENTICES 

(a) The Hourly Rate for apprentices are shown in Appendix A. 

36.14 HOURS 

(a) The ordinary hours of employment of apprentices will not exceed those of a Sprinkler 
Fitter I Fire Protection Worker. 

36.15 Overtime and shift work 

(a) No apprentice under the age of eighteen years will be required to work overtime or 
shift work unless he/she so desires. No apprentice will, except in an emergency, work or 
be required to work overtime or shift work at times which would prevent his/her 
attendance at technical school as required by any statute, award or regulation 
applicable to him/her. 

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ii. if through lack of orders or financial difficulties an Employer is unable to find suitable employment for an apprentice and a transfer to another Employer cannot be arranged; iii. If in the opinion of the appropriate statutory training authority circumstances exist which render such suspension or cancellation necessary or desirable; or iv. An apprentice may, with the consent of the parties to the training Agreement and with the approval of the appropriate statutory training authority, transfer his/her training Agreement to another Employer. Provided always that irrespective of the number of different Employers taking the apprentice for a term, the two or more terms will be regarded as one continuous term and the later or latest Employer will accept the apprentice at the position the apprentice occupied under his/her training Agreement at the date he/she was with his/her immediate former Employer. 36.10 Any training Agreement inconsistent with the provisions of clause 36 will be null and void and of no force or effect while this Agreement remains in force and applies to the parties to the training Agreement. Clause 36.10 will not apply where there is a State training authority or equivalent statutory body having power to cancel, suspend or transfer training Agreements in the occupation specified herein provided that the conditions for the cancellation, suspension or transfer of such Agreements are of no lesser standard than the provisions of clause 36.9. 36.11 PERIOD OF APPRENTICESHIP (a) Except as provided in clause 36.17, all apprentices under this Agreement will be apprenticed for a period of four years. 36.12 PROBATIONARY PERIOD (a) A minor may serve a probationary period of three months and if apprenticed such three months will count as part of his/her period of apprenticeship. This sub-clause will not apply where there is a statutory apprenticeship authority having power to determine probationary period. 36.13 WAGES APPRENTICES (a) The Hourly Rate for apprentices are shown in Appendix A. 36.14 HOURS (a) The ordinary hours of employment of apprentices will not exceed those of a Sprinkler Fitter / Fire Protection Worker. 36.15 Overtime and shift work (a) No apprentice under the age of eighteen years will be required to work overtime or shift work unless he/she so desires. No apprentice will, except in an emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at technical school as required by any statute, award or regulation applicable to him/her. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 31




 



36.16 PAYMENT OF RESULTS 

(a} An apprentice will not work under any system of payment by results. 

36.17 LOST TIME 

(a} The apprentice will for every day of absence from his/her work during any year of the 
said term without the consent of the Employer serve one day at the end of the calendar 
period of any such year of his/her apprenticeship if required to do so by the Employer, 
or if the Employer's decision is disputed, as determined under clause 45- Disputes 
Resolution Procedure. The calendar period of the next succeeding year of his/her 
apprenticeship will be deemed not to begin until the said additional day or days have 
been served: provided that in calculating the extra time to be served the apprentice will 
be credited with time which he/she has worked during the relevant years in excess of 
his/her ordinary hours of service. 

(b) Clause 36.17 will not apply where there is a State training authority or equivalent 
statutory body having power to determine the lost time of an apprentice in the 
occupation specified herein or affect the right of such an authority to determine such 
lost time. 

36.18 PROHIBITION OF PREMIUMS 

(a} An Employer will not, either directly or indirectly, or by any pretence or device receive 
from any person or require or permit any person to pay or give any consideration in the 
nature of a premium or bonus for the taking or binding of any probationer or 
apprentice. 

36.19 ATTENDANCE AT TECHNICAL SCHOOLS 

(a} The apprentice will be released by the Employer to attend technical college during 
ordinary hours of work for the purpose of undertaking the off the job component of the 
apprenticeship training without loss of pay. 

(b) Clause 36.19 will not apply where there is a statute Federal or State providing for the 
non-payment of technical college fees by apprentices. 

36.20 OPERATION OF OTHER LAWS 

(a} Where there is a statute relating to apprentices is now or hereafter in force or in which 
any authority with statutory power has issued or may issue any regulations relating to 
apprentices such statute and such regulation will operate, provided that the provisions 
thereof are not inconsistent with this Agreement. 

(b) The provisions of any statute, award or regulation which gives a state training authority 
or equivalent statutory body power to cancel, suspend or transfer training Agreements 
in the occupation specified herein or power to determine disputes between parties to 
training Agreements including disputes relating to:-

i. Disciplinary matters in respect to apprentices and Employers; 

ii. Completion of the training Agreement; 

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36.16 PAYMENT OF RESULTS (a) An apprentice will not work under any system of payment by results. 36.17 LOST TIME (a) The apprentice will for every day of absence from his/her work during any year of the said term without the consent of the Employer serve one day at the end of the calendar period of any such year of his/her apprenticeship if required to do so by the Employer, or if the Employer's decision is disputed, as determined under clause 45 - Disputes Resolution Procedure. The calendar period of the next succeeding year of his/her apprenticeship will be deemed not to begin until the said additional day or days have been served: provided that in calculating the extra time to be served the apprentice will be credited with time which he/she has worked during the relevant years in excess of his/her ordinary hours of service. (b) Clause 36.17 will not apply where there is a State training authority or equivalent statutory body having power to determine the lost time of an apprentice in the occupation specified herein or affect the right of such an authority to determine such lost time. 36.18 PROHIBITION OF PREMIUMS (a) An Employer will not, either directly or indirectly, or by any pretence or device receive from any person or require or permit any person to pay or give any consideration in the nature of a premium or bonus for the taking or binding of any probationer or apprentice. 36.19 ATTENDANCE AT TECHNICAL SCHOOLS (a) The apprentice will be released by the Employer to attend technical college during ordinary hours of work for the purpose of undertaking the off the job component of the apprenticeship training without loss of pay. (b) Clause 36.19 will not apply where there is a statute Federal or State providing for the non-payment of technical college fees by apprentices. 36.20 OPERATION OF OTHER LAWS (a) Where there is a statute relating to apprentices is now or hereafter in force or in which any authority with statutory power has issued or may issue any regulations relating to apprentices such statute and such regulation will operate, provided that the provisions thereof are not inconsistent with this Agreement. (b) The provisions of any statute, award or regulation which gives a state training authority or equivalent statutory body power to cancel, suspend or transfer training Agreements in the occupation specified herein or power to determine disputes between parties to training Agreements including disputes relating to :- Disciplinary matters in respect to apprentices and Employers; . Completion of the training Agreement; = All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 32




 



iii. Off-the-job attendance; or 

iv. Other matters concerning the administration of training Agreement will not be 
deemed to be inconsistent with this Agreement provided that such statute, award or 
regulation provides for the state training authority or equivalent statutory body to 
exercise powers in respect to making determinations or decisions on the above 
matters and provides for appeal mechanisms in respect to such determinations and 
decisions. 

36.21 ADULT APPRENTICES 

(a) DEFINITION 

i. For the purpose of this Agreement, an adult apprentice means a person of 21 years 
of age or over at the time of entering into an indenture to a trade within the scope 
of this Agreement. 

(b) APPLICATION OF GENERAL CONDITIONS OF APPRENTICESHIP 

i. The provisions of this Agreement will apply to adult apprentices unless specifically 
provided otherwise by clause 36.21. 

(c) TRAINING CREDITS 

i. Subject to the provisions of this clause, the training to be completed by an adult 
apprentice under a contract of indenture will be determined by the relevant State 
Training Authority through its approved agencies based upon training credits being 
granted for the relevant working experience and educational standard obtained by 
the apprentice 

(d) HOURLY RATE 

i. Where a person was employed by an Employer immediately prior to becoming an 
adult apprentice with that Employer, such person will not suffer a reduction in the 
rate of pay by virtue of becoming indentured. 

ii. For the purpose only of fixing a rate of pay, the adult apprentice will continue to 
receive the rate of pay that is, from time to time, applicable to the classification or 
class of work specified in Appendix A, and all relevant allowances of this Agreement 
and in which the adult apprentice was engaged immediately prior to entering into 
the contract of indenture. 

37. STRUCTURED VOCATIONAL TRAINING 

37.1 The parties to this Agreement recognise that the apprenticeship system of structured 
vocational training that operates within the fire protection Industry has been integral to the 
efficiency and productivity of that industry 

37.2 The parties are committed to maintaining the integrity of and improving upon the existing 
system of structured vocational training. In this regard the parties are committed to:-

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iii. Off-the-job attendance; or iv. Other matters concerning the administration of training Agreement will not be deemed to be inconsistent with this Agreement provided that such statute, award or regulation provides for the state training authority or equivalent statutory body to exercise powers in respect to making determinations or decisions on the above matters and provides for appeal mechanisms in respect to such determinations and decisions. 36.21 ADULT APPRENTICES (a) DEFINITION i. For the purpose of this Agreement, an adult apprentice means a person of 21 years of age or over at the time of entering into an indenture to a trade within the scope of this Agreement. (b) APPLICATION OF GENERAL CONDITIONS OF APPRENTICESHIP . The provisions of this Agreement will apply to adult apprentices unless specifically provided otherwise by clause 36.21. (c) TRAINING CREDITS 1. Subject to the provisions of this clause, the training to be completed by an adult apprentice under a contract of indenture will be determined by the relevant State Training Authority through its approved agencies based upon training credits being granted for the relevant working experience and educational standard obtained by the apprentice (d) HOURLY RATE . Where a person was employed by an Employer immediately prior to becoming an adult apprentice with that Employer, such person will not suffer a reduction in the rate of pay by virtue of becoming indentured. ii. For the purpose only of fixing a rate of pay, the adult apprentice will continue to receive the rate of pay that is, from time to time, applicable to the classification or class of work specified in Appendix A, and all relevant allowances of this Agreement and in which the adult apprentice was engaged immediately prior to entering into the contract of indenture. 37. STRUCTURED VOCATIONAL TRAINING 37.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the fire protection Industry has been integral to the efficiency and productivity of that industry 37.2 The parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. In this regard the parties are committed to :- All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 33




 



(a) Working co-operatively in facilitating the transition from the existing apprenticeship 
arrangements to the Australian Vocational Training system, which leads directly to an 
outcome of AQF Level 3 (AVTS level 3); and 

(b) Ensuring that the trade skills required for the fire protection industry will continue to be 
delivered through system of structured vocational training system based on sequential 
training through an apprenticeship (or equivalent contracts of training) to an outcome 
of at least Fire Protection Tradesperson Levell {100%) within the classification 
structure. 

37.3 To facilitate ongoing structured vocational training the Employer will pay an organisation 
approved by the National Fire Industry Association NSW and CEPU: 

(a) From 1 March 2016-$15.00 per week per Employee covered by this Agreement. 
(b) From 1 March 2017-$25.00 per week per employee covered by this agreement. 
(c) From 1 March 2018-$30.00 per week per employee covered by this agreement. 

38. TOOLS 

38.1 Where the Employer requires an Employee to provide tools the Employer will reimburse the 
Employee the cost of providing the tools. The provisions of this clause do not apply where the 
tools are provided by the Employer. 

38.2 The Employee will be responsible for such tools as he/she is provided with by the Employer. 
Any shortages except those occasioned by fair wear and tear, reasonable breakage or theft 
outside of working hours, will be made good by the Employee. 

39. PROTECTIVE CLOTHING 

39.1 New Employees will receive the following Protective Clothing: 

(a) Two long sleeve or short sleeve shirts; 
(b) Two pairs of trousers or shorts or overalls; 
(c) One pair of boots; and 
(d) One jacket. 

39.2 Protective Clothing and Personal Protective Equipment will be replaced on a fair wear and 
tear basis upon the return of the worn or damaged items and shall be given to workers on a 
summer and winter issue basis as determined by the Company Consultative Committee 
outlined in clause 40. 

40. CONSULTATIVE MECHANISMS 

40.1 A Company Consultative Committee {CCC) will implement this Agreement where more than 
15 Employees are covered by this Agreement. 

40.2 The CCC will: 

(a) Consist of equal numbers of internal management and Employee representatives who 
are elected from the workforce; 

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(a) Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of AQF Level 3 (AVTS level 3); and (b) Ensuring that the trade skills required for the fire protection industry will continue to be delivered through system of structured vocational training system based on sequential training through an apprenticeship (or equivalent contracts of training) to an outcome of at least Fire Protection Tradesperson Level 1 (100%) within the classification structure. 37.3 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the National Fire Industry Association NSW and CEPU: (a) From 1 March 2016 - $15.00 per week per Employee covered by this Agreement. (b) From 1 March 2017 - $25.00 per week per employee covered by this agreement. (c) From 1 March 2018 - $30.00 per week per employee covered by this agreement. 38. TOOLS 38.1 Where the Employer requires an Employee to provide tools the Employer will reimburse the Employee the cost of providing the tools. The provisions of this clause do not apply where the tools are provided by the Employer. 38.2 The Employee will be responsible for such tools as he/she is provided with by the Employer. Any shortages except those occasioned by fair wear and tear, reasonable breakage or theft outside of working hours, will be made good by the Employee. 39. PROTECTIVE CLOTHING 39.1 New Employees will receive the following Protective Clothing: (a) Two long sleeve or short sleeve shirts; (b) Two pairs of trousers or shorts or overalls; (c) One pair of boots; and (d) One jacket. 39.2 Protective Clothing and Personal Protective Equipment will be replaced on a fair wear and tear basis upon the return of the worn or damaged items and shall be given to workers on a summer and winter issue basis as determined by the Company Consultative Committee outlined in clause 40. 40. CONSULTATIVE MECHANISMS 40.1 A Company Consultative Committee (CCC) will implement this Agreement where more than 15 Employees are covered by this Agreement. 40.2 The CCC will: (a) Consist of equal numbers of internal management and Employee representatives who are elected from the workforce; All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 34




 



(b) Meet as required but not less than every three months; and 

(c) Form a constitution and deliberate on matters affecting the staffing requirements and 
workplace policies of the company. Disputes regarding the functioning of the CCC and 
its decisions will be resolved via the dispute resolution provision of this Agreement. 

40.3 Meetings of the CCC may be convened at the request of either the management or the 
Employee representatives 

40.4 Where no CCC is established, appropriate consultative mechanisms will be established by 
Agreement between the Employer and Employees representatives. 

41. WORK HEALTH AND SAFETY 

41.1 The parties to this Agreement commit themselves to the establishment and maintenance of a 
safe and healthy working environment, in accordance with the Work, Health and Safety Act 
2011 (NSW) and any relevant occupational health and safety legislation in NSW or the ACT and 
any site WHS Agreement or any new legislation that may replace this legislation during the life 
of the Agreement. 

42. INCLEMENT WEATHER 

42.1 //Inclement weather" will mean the existence of rain or abnormal conditions (whether they be 
hail, snow, cold, high winds, severe dust storm, extreme high temperature or the likely of any 
combination thereof) such that it is either not reasonable or not safe for workers to continue 
working. 

42.2 The Employer, or his/her representative, will, when requested by the Employees or a 
representative of the Employees, confer (within a reasonable period oftime which should not 
exceed 2 hours) for the purposes of determining whether or not conditions are inclement. 
Weather will not be regarded as inclement unless agreed at such conference. 

42.3 Where there is safe access and useful work within the Employee's classification Employees 
will continue work in a sheltered area. 

42.4 Employees may be relocated to another company site where work that is in the Employee's 
classification is available for the remainder of the shift. 

42.5 Planning, consultation and agreed training may be undertaken during periods of inclement 
weather. 

42.6 Any Employee will be entitled to payment by his/her Employer for ordinary time lost through 
inclement weather for up to 32 hours in every period of 4 weeks provided that the number of 
hours at the credit of any Employee at any time will not exceed 32 hours. An Employee will 
not be entitled to payment for inclement weather as provided for in this clause unless he/she 
remains on the job until the provisions set out in this clause have been observed. Time spent 
in training or alternative work will not count as time lost for the purposes of this clause. 

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(b) Meet as required but not less than every three months; and (c) Form a constitution and deliberate on matters affecting the staffing requirements and workplace policies of the company. Disputes regarding the functioning of the CCC and its decisions will be resolved via the dispute resolution provision of this Agreement. 40.3 Meetings of the CCC may be convened at the request of either the management or the Employee representatives 40.4 Where no CCC is established, appropriate consultative mechanisms will be established by Agreement between the Employer and Employees representatives. 41. WORK HEALTH AND SAFETY 41.1 The parties to this Agreement commit themselves to the establishment and maintenance of a safe and healthy working environment, in accordance with the Work, Health and Safety Act 2011 (NSW) and any relevant occupational health and safety legislation in NSW or the ACT and any site WHS Agreement or any new legislation that may replace this legislation during the life of the Agreement. 42. INCLEMENT WEATHER 42.1 "Inclement weather" will mean the existence of rain or abnormal conditions (whether they be hail, snow, cold, high winds, severe dust storm, extreme high temperature or the likely of any combination thereof) such that it is either not reasonable or not safe for workers to continue working. 42.2 The Employer, or his/her representative, will, when requested by the Employees or a. representative of the Employees, confer (within a reasonable period of time which should not exceed 2 hours) for the purposes of determining whether or not conditions are inclement. Weather will not be regarded as inclement unless agreed at such conference. 42.3 Where there is safe access and useful work within the Employee's classification Employees will continue work in a sheltered area. 42.4 Employees may be relocated to another company site where work that is in the Employee's classification is available for the remainder of the shift. 42.5 Planning, consultation and agreed training may be undertaken during periods of inclement weather. 42.6 Any Employee will be entitled to payment by his/her Employer for ordinary time lost through inclement weather for up to 32 hours in every period of 4 weeks provided that the number of hours at the credit of any Employee at any time will not exceed 32 hours. An Employee will not be entitled to payment for inclement weather as provided for in this clause unless he/she remains on the job until the provisions set out in this clause have been observed. Time spent in training or alternative work will not count as time lost for the purposes of this clause. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 35




 



43. ANTI-DISCRIMINATION 

43.1 It is the intention of the Employer to achieve the principal object in s.3(e) of the Fair Work Act 
2009 through respecting and valuing the diversity of the work force by helping to prevent and 
eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or 
mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, 
national extraction or social origin. 

43.2 Accordingly, in fulfilling their obligations under the Settlement of disputes clause, the 
respondents must make every endeavour to ensure that neither the Agreement provisions nor 
their operation are directly or indirectly discriminatory in their effects. 

43.3 Nothing in clause 43 is to be taken to affect:-

(a) Any different treatment (or treatment having different effects) which is specifically 
exempted under the Commonwealth anti-discrimination legislation; 

(b) An Employee, Employer or registered organisation, pursuing matters of discrimination 
in any State or Federal jurisdiction, including by applications to the Human Rights and 
Equal Opportunity Commission; or 

(c) The exemptions in clauses 659{3) and (4) ofthe Workplace Relations Act 1996 (Cth). 

44. JURY SERVICE MAKE-UP PAY AND COMMUNITY SERVICE LEAVE 

44.1 JURY SERVICE 

(a) An Employee required to attend for jury service will be entitled to have their pay made 
up by the Employer to an amount equal to their ordinary pay for eight hours (inclusive 
of accrued entitlements prescribed by clause 25) per day plus fares. 

(b) The Employee will give the Employer proof of such attendance and the amount received 
in respect of such jury service. 

(c) The Employee must notify the Company as soon as practicable of the date upon which 
their attendance is required and must provide the Company with proof of attendance, 
the duration of such attendance, and the amount received in respect thereof. 

44.2 COMMUNITY SERVICE LEAVE 

(a) Community Service Leave will be available to an Employee when they are absent due 
to: 

i. A VOLUNTARY EMERGENCY MANAGEMENT ACTIVITY 

A. Where the Employee engages in an activity that involves dealing with an emergency 
or natural disaster (including but not limited to coping with emergencies and/or 
disasters, fire-fighting, civil defence or a rescue body, or any other body which 
involves securing the safety of persons or animals in an emergency or natural 
disaster or protecting property in an emergency or natural disaster or otherwise 
responding to an emergency or natural disaster). 

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43. ANTI-DISCRIMINATION 43.1 It is the intention of the Employer to achieve the principal object in s.3(e) of the Fair Work Act 2009 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 43.2 Accordingly, in fulfilling their obligations under the Settlement of disputes clause, the respondents must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 43.3 Nothing in clause 43 is to be taken to affect :- (a) Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; (b) An Employee, Employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by applications to the Human Rights and Equal Opportunity Commission; or (c) The exemptions in clauses 659(3) and (4) of the Workplace Relations Act 1996 (Cth). 44. JURY SERVICE MAKE-UP PAY AND COMMUNITY SERVICE LEAVE 44.1 JURY SERVICE (a) An Employee required to attend for jury service will be entitled to have their pay made up by the Employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 25) per day plus fares. (b) The Employee will give the Employer proof of such attendance and the amount received in respect of such jury service. (c) The Employee must notify the Company as soon as practicable of the date upon which their attendance is required and must provide the Company with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 44.2 COMMUNITY SERVICE LEAVE (a) Community Service Leave will be available to an Employee when they are absent due to: i. A VOLUNTARY EMERGENCY MANAGEMENT ACTIVITY A. Where the Employee engages in an activity that involves dealing with an emergency or natural disaster (including but not limited to coping with emergencies and/or disasters, fire-fighting, civil defence or a rescue body, or any other body which involves securing the safety of persons or animals in an emergency or natural disaster or protecting property in an emergency or natural disaster or otherwise responding to an emergency or natural disaster). All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 36




 



ii. AN ACTIVITY PRESCRIBED IN THE FAIR WORK REGULATIONS 2009 

A. The Employee will give the enterprise proof of such attendance requiring community 
service leave and where possible will provide appropriate notice of the requirement 
to take community service leave. 

45. DISPUTES RESOLUTION PROCEDURE 

45.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of 
disputes or grievances. Disputes over any work related or industrial matter or any matters 
arising out of the operation of the Agreement or disputes concerning the National 
Employment Standards or incidental to the operation of the Agreement should be dealt with 
as close to its source as possible. Disputes over matters arising from this Agreement or 
disputes concerning the National Employment Standards (or any other dispute related to the 
employment relationship) shall be dealt with according to the following procedure. 

45.2 In the event of any work related grievance arising between the Enterprise and an Employee or 
Employees, the matter shall be dealt with in the following manner where at each step an 
Employee may be represented including for the purposes of a formal determination 
procedure by the Fair Work Commission: 

(a) The matter shall be first submitted by the Employee/s or his/her Employee 
representative or other representative to the site foreperson, supervisor or the other 
appropriate site representative of the Enterprise, and if not settled, to a more senior 
Enterprise representative. 

(b) Alternatively, the Enterprise may submit an issue to the Employee/s who may seek the 
assistance and involvement of the Employee representative or other representative. 

(c) Work shall continue without interruption from industrial stoppages, bans and/or 
limitations while these procedures are being followed. The pre-dispute status quo shall 
prevail while the matter is being dealt with in accordance with this procedure. 

(d) If still not resolved, there may be discussions between the relevant Employee 
Representative official (if requested by the Employee/sL or other representative of the 
Employee, and senior Enterprise representative. 

45.5 If any party fails or refuses to follow any step of this procedure the non-breaching party will 
not be obligated to continue through the remaining steps of the procedure, and may 
immediately seek relief by application to the FWC. 

45.6 Conciliation 

(a) The person(s) who raised the dispute, or his or her expressly nominated representative 
(organisation or agentL may refer the dispute to the FWC for private conciliation. 

(b) Before the process commences the FWC may confer with the parties informally about 
matters of procedure, such as: 

i. the presentation of each side's position (whether oral or in writing); 

ii. confidentiality requirements; 

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ii. AN ACTIVITY PRESCRIBED IN THE FAIR WORK REGULATIONS 2009 A. The Employee will give the enterprise proof of such attendance requiring community service leave and where possible will provide appropriate notice of the requirement to take community service leave. 45. DISPUTES RESOLUTION PROCEDURE 45.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or disputes concerning the National Employment Standards or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement or disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 45.2 In the event of any work related grievance arising between the Enterprise and an Employee or Employees, the matter shall be dealt with in the following manner where at each step an Employee may be represented including for the purposes of a formal determination procedure by the Fair Work Commission: (a) The matter shall be first submitted by the Employee/s or his/her Employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Enterprise, and if not settled, to a more senior Enterprise representative. (b) Alternatively, the Enterprise may submit an issue to the Employee/s who may seek the assistance and involvement of the Employee representative or other representative. (c) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. (d) If still not resolved, there may be discussions between the relevant Employee Representative official (if requested by the Employee/s), or other representative of the Employee, and senior Enterprise representative. 45.5 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the FWC. 45.6 Conciliation (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the FWC for private conciliation. (b) Before the process commences the FWC may confer with the parties informally about matters of procedure, such as: i. the presentation of each side's position (whether oral or in writing); ii. confidentiality requirements; All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 37




 



iii. representation at the private conciliation; 

iv. timing, location and duration of the conciliation; 

v. whether a telephone conference is all that is needed in the first instance; and 

vi. any further particulars about the FWC's role in relation to establishing 
procedures. 

(c) Subject to the preceding clause, it is agreed that the FWC will observe confidentiality 
about all aspects of the dispute, and, consistent with its expected role to this point, may 
do such things as: 

i. help the parties identify and define the matters in dispute; 

ii. help the parties to develop a procedure which is aimed at achieving resolution of 
the dispute quickly, fairly and cost-effectively; 

iii. where appropriate, suggest particular dispute resolution techniques for individual 
issues aimed at narrowing the matters in dispute quickly, fairly and cost­
effectively; and 

iv. act as the facilitator of direct negotiations between the parties. 

(d) The parties further agree that during the conciliation, the FWC may, at its discretion, 
discuss the matter(s) in dispute privately with any of the parties to the dispute or their 
representatives. The FWC shall keep confidential the content of any such discussion, 
and shall not expressly or impliedly convey the content of such discussion (or part 
thereof) unless specifically authorised to do so. 

(e) If the FWC is of the view that having completed the above process the matter(s) in 
dispute remains unresolved, it may: 

i. make suggestions for resolution of the dispute; 

ii. express opinions as to what would constitute a reasonable resolution of the 
dispute, or any part thereof; or 

iii. if the matter in dispute is not resolved, it may within seven {7) days of notice of 
termination provide a written report to the parties expressing the FWC's opinion 
of what would constitute a reasonable resolution of the dispute, or any part 
thereof. 

(f) Any function performed by the FWC in this regard is advisory only, and is not binding 
upon the parties. 

45.7 Formal Determination 

(a) If the matter(s) in dispute remain unresolved the FWC may make a formal 
determination. 

{b) The parties agree to abide by the determination. 

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ili. representation at the private conciliation; iv. timing, location and duration of the conciliation; V. whether a telephone conference is all that is needed in the first instance; and vi. any further particulars about the FWC's role in relation to establishing procedures. (c) Subject to the preceding clause, it is agreed that the FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: i. help the parties identify and define the matters in dispute; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost- effectively; and iv. act as the facilitator of direct negotiations between the parties. (d) The parties further agree that during the conciliation, the FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The FWC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. (e) If the FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: i. make suggestions for resolution of the dispute; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the FWC's opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. (f) Any function performed by the FWC in this regard is advisory only, and is not binding upon the parties. 45.7 Formal Determination (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The parties agree to abide by the determination. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 38




 



(c) An Employee/s may be represented for the purposes of a formal determination 
procedure by the Fair Work Commission. 

(d) Before making its determination the FWC will give the parties an opportunity to be 
heard formally on the matter(s) in dispute. In making its determination the FWC will 
only have regard to the materials, including witness evidence, and submissions put 
before it at the hearing and will disregard any admissions, concessions, offers or claims 
made in mediation. 

(e) The FWC can make and issue directions in relation to the process leading to its 
determination and the parties will abide by those directions. 

(f) The FWC will provide the determination in writing to the parties as quickly as 
practicable after hearing the parties. A determination of the disputed matter or matters 
will not constitute an order by the FWC under the Fair Work Act 2009. 

45.8 This procedure shall be followed in good faith without unreasonable delay. 

45.9 If any party fails or refuses to follow any step of this procedure the non-breaching party will 
not be obligated to continue through the remaining steps of the procedure, and may 
immediately seek relief by application to the FWC. 

46. SERVICE WORK ONLY 

46.1 An Employee required to perform service work outside normal working hours for breakdown, 
accident or other emergency work shall be paid at the rate of double time. The calculation of 
the period of time of duty shall include only the time reasonably occupied in travel or work 
between the time of the Employee's departure from his/her return thereto provided that: in 
the case of the first call-back in the same day as for at least a period of one hour whether 
occurring within two hours ofthe first call-back or not. 

46.2 ON CALL 

(a) Where an Employee is required to be on call outside the ordinary hours of work he/she 
shall be readily contactable by telephone at all relevant times during such stand-by and 
shall be entitled to: 

i. Permanent or non-permanent $30 per day extra stand-by roster; and 
ii. An Employee's telephone rental and business call costs to be paid by the Employer 

unless the Employer provides company telephone. 

46.3 CALL BACK AND REST PERIOD 

(a) Overtime worked in the circumstances specified in 46.1 and 46.2 shall not be regarded 
as overtime for the purposes of 27.5 where the actual time worked is less than four 
hours on each recall. 

46.4 MEAL HOURS 

(a) For work instructed to be done during meal periods and thereafter until a meal break is 
allowed time and a half rates shall be paid. An Employee shall not be compelled to work 
for more than five hours without a break for a meal. 

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(c) An Employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (d) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (e) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (f) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Act 2009. 45.8 This procedure shall be followed in good faith without unreasonable delay. 45.9 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the FWC. 46. SERVICE WORK ONLY 46.1 An Employee required to perform service work outside normal working hours for breakdown, accident or other emergency work shall be paid at the rate of double time. The calculation of the period of time of duty shall include only the time reasonably occupied in travel or work between the time of the Employee's departure from his/her return thereto provided that: in the case of the first call-back in the same day as for at least a period of one hour whether occurring within two hours of the first call-back or not. 46.2 ON CALL (a) Where an Employee is required to be on call outside the ordinary hours of work he/she shall be readily contactable by telephone at all relevant times during such stand-by and shall be entitled to: i. Permanent or non-permanent $30 per day extra stand-by roster; and ii. An Employee's telephone rental and business call costs to be paid by the Employer unless the Employer provides company telephone. 46.3 CALL BACK AND REST PERIOD (a) Overtime worked in the circumstances specified in 46.1 and 46.2 shall not be regarded as overtime for the purposes of 27.5 where the actual time worked is less than four hours on each recall. 46.4 MEAL HOURS (a) For work instructed to be done during meal periods and thereafter until a meal break is allowed time and a half rates shall be paid. An Employee shall not be compelled to work for more than five hours without a break for a meal. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 39




 



46.5 REASONABLE OVERTIME 

(a) An Employer may require any Employees to work reasonable overtime at overtime 
rates and such Employee shall work overtime in accordance with such requirements. 

46.6 MEALS AND CRIB TIME 

(a) Where an Employee is required to work overtime for at least one and a half hours after 
working ordinary hours he/she shall be allowed an amount of $12.47 to meet the cost 
of a meal, plus an additional $12.47 for each subsequent four hours worked. When 
working overtime for two hours or more, Employees shall be allowed to take without 
deduction of pay, 20 minutes for crib immediately after the ordinary ceasing time, and 
thereafter 30 minutes for crib shall be allowed after each four hours of continuous 
work. 

47. WORKPLACE FLEXIBILITY 

47.1 An Employer and Employees covered by this enterprise Agreement may agree to make an 
individual flexibility arrangement to vary the effect of terms of the Agreement if: 

the Agreement deals with 1 or more of the following matters: 

(a) arrangements about when work is performed; 
(b) overtime rates; 
(c) penalty rates; 
(d) allowances; 
(e) leave loading; and 

The arrangement meets the genuine needs of the Employer and Employee in relation to 1 or 
more of the matters mentioned in paragraph (a); and 

The arrangement is genuinely agreed to by the Employer and Employee. 

47.2 The Employer must ensure that the terms of the individual flexibility arrangement: 

(a) are about permitted matters under section 172 of the Fair Work Act 2009; and 
(b) are not unlawful terms under section 194 of the Fair Work Act 2009; and 
(c) result in the Employee being better off overall than the Employee would be if no 

arrangement was made. 

47.3 The Employer must ensure that the individual flexibility arrangement: 

(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: 

1) the terms of the enterprise Agreement that will be varied by the 
arrangement; and 

2) the terms of the enterprise Agreement that will be varied by the 
arrangement; and 

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46.5 REASONABLE OVERTIME (a) An Employer may require any Employees to work reasonable overtime at overtime rates and such Employee shall work overtime in accordance with such requirements. 46.6 MEALS AND CRIB TIME (a) Where an Employee is required to work overtime for at least one and a half hours after working ordinary hours he/she shall be allowed an amount of $12.47 to meet the cost of a meal, plus an additional $12.47 for each subsequent four hours worked. When working overtime for two hours or more, Employees shall be allowed to take without deduction of pay, 20 minutes for crib immediately after the ordinary ceasing time, and thereafter 30 minutes for crib shall be allowed after each four hours of continuous work. 47. WORKPLACE FLEXIBILITY 47.1 An Employer and Employees covered by this enterprise Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: the Agreement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and The arrangement meets the genuine needs of the Employer and Employee in relation to 1 or more of the matters mentioned in paragraph (a); and The arrangement is genuinely agreed to by the Employer and Employee. 47.2 The Employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 47.3 The Employer must ensure that the individual flexibility arrangement: (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: 1) the terms of the enterprise Agreement that will be varied by the arrangement; and 2) the terms of the enterprise Agreement that will be varied by the arrangement; and All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 40




 



3} how the arrangement will vary the effect of the terms; and 
4) 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 arrangement; and 
5} states the day on which the arrangement commences. 

47.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 
14 days after it is agreed to. 

47.5 The Employer or Employee may terminate the individual flexibility arrangement: 

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

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

48. MODEL CONSULTATION CLAUSE 

48.1 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 

48.2 For a major change referred to in paragraph 48.1(a): 

(a) the employer must notify the relevant employees of the decision to introduce the 
major change; and 

(b) subclauses 48.3 to 48.9 apply. 

48.3 The relevant employees may appoint a representative for the purposes of the procedures in 
this term. 

48.4 If: 

(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. 

48.5 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 

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3) how the arrangement will vary the effect of the terms; and 4) 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 arrangement; and 5) states the day on which the arrangement commences. 47.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 47.5 The Employer or Employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days' written notice to the other party to the arrangement; or; (b) if the Employer and Employee agree in writing - at any time. 48. MODEL CONSULTATION CLAUSE 48.1 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 48.2 For a major change referred to in paragraph 48.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 48.3 to 48.9 apply. 48.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 48.4 If: (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. 48.5 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 All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 41




 



(iii) measures the employer is takingto 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: 

(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. 

48.6 However, the employer is not required to disclose confidential or commercially sensitive 
information to the relevant employees. 

48.7 The employer must give prompt and genuine consideration to matters raised about the 
major change by the relevant employees. 

48.8 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 paragraph 48.2(a) and subclauses 48.3 and 48.5 are taken not to 
apply. 

48.9 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 ofthe 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 

48.10 For a change referred to in paragraph 48.1(b): 

(a) the employer must notify the relevant employees of the proposed change; and 

(b) subclauses 48.11 to 48.15 apply. 

43.11 The relevant employees may appoint a representative for the purposes of the procedures in 
this term. 

43.12 If: 

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(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: (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. 48.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 48.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 48,8 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 paragraph 48.2(a) and subclauses 48.3 and 48.5 are taken not to apply. 48.9 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 48.10 For a change referred to in paragraph 48.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 48.11 to 48.15 apply. 43.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.12 If: All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 42




 



{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. 

48.13 As soon as practicable after proposing to introduce the change, the employer must: 

{a) discuss with the relevant employees the introduction of the change; and 

{b) for the purposes of the discussion-provide to the relevant employees: 

{i) all relevant informationabout 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). 

48.14 However, the employer is not required to disclose confidential or commercially sensitive 
information to the relevant employees. 

48.15 The employer must give prompt and genuine consideration to matters raised about the 
change by the relevant employees. 

48.16 In this term: 

relevant employees means the employees who may be affected by a change referred to in subclause 
48.1. 

49. EMPLOYEE REPRESENTATION 

Clauses 49.1, 49.2 and 49.3 of this agreement outline the rights for Employee Representatives and 
Union Delegates when assisting employees. For clarity, each employee has the right to determine 
whether they wish to be represented by a Union Delegate, Employee Representative, another 
representative of their choosing or not at all. 

49.1 Representation 

49.1.1 The parties recognise the role the employees representative has in seeking to ensure 
industrial harmony at the workplace. Further the parties recognise that the representative 
is a first point of contact for an employee who has an employment related grievance or a 
grievance, query or concern arising under the terms of the agreement. 

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(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. 48.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 48.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 48.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 48.16 In this term: relevant employees means the employees who may be affected by a change referred to in subclause 48.1. 49. EMPLOYEE REPRESENTATION Clauses 49.1, 49.2 and 49.3 of this agreement outline the rights for Employee Representatives and Union Delegates when assisting employees. For clarity, each employee has the right to determine whether they wish to be represented by a Union Delegate, Employee Representative, another representative of their choosing or not at all. 49.1 Representation 49.1.1 The parties recognise the role the employees representative has in seeking to ensure industrial harmony at the workplace. Further the parties recognise that the representative is a first point of contact for an employee who has an employment related grievance or a grievance, query or concern arising under the terms of the agreement. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 43




 



49.1.2 A union delegate/employee representative shall, upon notification to the employer be 
recognised as an accredited representative of the employees and, if an employee seeks 
representation by the representative, that representative will be allowed all necessary 
time during working hours to submit to the employer employment related matters 
affecting the employees he/she represents. At all other times the union 
delegate/employee representative will perform productive work within his/her range of 
qualifications and competence. Further, the union delegate/employee representative shall 
be allowed reasonable time during working hours to attend to such matters affecting the 
employees including the right to attend appropriate meetings, FWC hearings and the like. 

49.1.3 The parties recognise that union delegate/employee representatives may be involved in 
assisting employees where requested pursuant to the dispute resolutionprocedure ofthis 
agreement. 

49.2 Union Delegate Rights 

49.2.1 Where an employee has been elected as a Union Delegate, the employer will recognise the 
following rights; 

a) The right to be treated fairly and to perform their role without any discrimination in their 
employment; 

b) For the Union Delegate to represent an employee where requested in relation to a 
grievance, dispute or a discussion with a member of the union; 

c) The right to place information related to permitted matters on a notice board in a 
prominent location in the workplace except that the material must not breach freedom 
of association, privacy and other applicable laws; 

d) The right to paid time to attend industrial tribunals and/or courts where they have been 
requested to do so by an employee (which may include themselves) whom they 
represent in a particular dispute in their workplace; 

e) The right to paid time to assist and represent employees who have requested them to 
represent them in respect of a dispute arising in their workplace; and 

f) The right to represent the interests of members in their workplace to the union, the 
employer and industrial tribunals/courts. 

49.3 Employee Representative Rights 

49.3.1 Where an employee has been elected as a Employee Representative, the employer will 
recognise the following rights; 

a) The right to be treated fairly and to perform their role without any discrimination in their 
employment; 

b) For the Employee Representative to represent an employee where requested in relation 
to a grievance, dispute or a discussion; 

c) The right to place information related to permitted matters on a notice board in a 
prominent location in the workplace except that the material must not breach freedom 
of association, privacy and other applicable laws; 

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49.1.2 A union delegate/employee representative shall, upon notification to the employer be recognised as an accredited representative of the employees and, if an employee seeks representation by the representative, that representative will be allowed all necessary time during working hours to submit to the employer employment related matters affecting the employees he/she represents. At all other times the union delegate/employee representative will perform productive work within his/her range of qualifications and competence. Further, the union delegate/employee representative shall be allowed reasonable time during working hours to attend to such matters affecting the employees including the right to attend appropriate meetings, FWC hearings and the like. 49.1.3 The parties recognise that union delegate/employee representatives may be involved in assisting employees where requested pursuant to the dispute resolution procedure of this agreement. 49.2 Union Delegate Rights 49.2.1 Where an employee has been elected as a Union Delegate, the employer will recognise the following rights; a) The right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Union Delegate to represent an employee where requested in relation to a grievance, dispute or a discussion with a member of the union; c) The right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; d) The right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an employee (which may include themselves) whom they represent in a particular dispute in their workplace; e) The right to paid time to assist and represent employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) The right to represent the interests of members in their workplace to the union, the employer and industrial tribunals/courts. 49.3 Employee Representative Rights 49.3.1 Where an employee has been elected as a Employee Representative, the employer will recognise the following rights; a) The right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Employee Representative to represent an employee where requested in relation to a grievance, dispute or a discussion; ) The right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 44




 



d) The right to paid time to attend industrial tribunals and/or courts where they have been 
requested to do so by an employee (which may include themselves) whom they 
represent in a particular dispute in their workplace; 

e) The right to paid time to assist and represent employees who have requested them to 
represent them in respect of a dispute arising in their workplace; and 

f) The right to represent the interests of employees who request their assistance in their 
workplace to the employer and industrial tribunals/courts. 

50. CODE COMPLIANCE AND SEVERABILITY 

50.1 CODE COMPLIANCE 

(a) In the event the Code comes into force and a provision of this Agreement is deemed as 
being non-compliant with the Code, the parties will take all necessary and reasonable 
steps to vary the Agreement so that the non-compliant provision of the Agreement is 
Code compliant. 

(b) Actions taken by a party under this clause are not an extra claim. 

50.1 SEVERABILITY 

(a) It is the intention of those covered by this Agreement that the Agreement contains 
only permitted matters under the Fair Work Act 2009. 

(b) The severance of any term of this Agreement that is, in whole, or in part, of no effect 
by virtue of the operation of s 253 of the Fair Work Act shall not be taken to affect the 
binding force and effect of the remainder of the Agreement. 

(c) To the extent it is possible, all terms should be interpreted in a manner that would 
make them permitted matters. 

51. SHAM CONTRACTING 

51.1 The parties to this Agreement acknowledge that sham contracting has the potential to 
undermine fair employment practices, erode employee entitlements and affect the job 
security of employees covered by this Agreement. A sham contracting arrangement includes 
where an employer attempts to disguise an employment relationship as an independent 
contracting arrangement. This is usually done for the purposes of avoiding for employee 
entitlements. 

51.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair 
Work Act. 

51.3 In this clause, "Sham Contracting" is where; 

a) An employer employs, or proposes to employ, an individual, representing to the 
individual that the contract of employment under which the individual is, or would 
be, employed by the employer is a contract for services under which the individual 
performs, or would perform, work as an independent contractor. 

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d) The right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an employee (which may include themselves) whom they represent in a particular dispute in their workplace; e) The right to paid time to assist and represent employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) The right to represent the interests of employees who request their assistance in their workplace to the employer and industrial tribunals/courts. 50. CODE COMPLIANCE AND SEVERABILITY 50.1 CODE COMPLIANCE (a) In the event the Code comes into force and a provision of this Agreement is deemed as being non-compliant with the Code, the parties will take all necessary and reasonable steps to vary the Agreement so that the non-compliant provision of the Agreement is Code compliant. (b) Actions taken by a party under this clause are not an extra claim. 50.1 SEVERABILITY (a) It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the Fair Work Act 2009. (b) The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the Fair Work Act shall not be taken to affect the binding force and effect of the remainder of the Agreement. (c) To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. 51. SHAM CONTRACTING 51.1 The parties to this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 51.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 51.3 In this clause, "Sham Contracting" is where; a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 45




 



b) An employer dismisses, or threatens to dismiss, an individual who is an employee of 
the employer and performs particular work for the employer in order to engage the 
individual as an independent contractor to perform the same, or substantially the 
same, work under a contract for services; or 

c) An employer employs, or has at any time employed, an individual to perform 
particular work makes a statement that the employer knows is false in order to 
persuade or influence the individual to enter into a contract for services under which 
the individual will perform, as an independent contractor, the same, or substantially 
the same, work for the employer. 

51.4 Clause 51.3a does not apply if the employer proves that, when the representation was made, 
the employer did not know and was not reckless as to whether the contract was a contract of 
employment rather than a contract for services. 

51.5 Any use of sham contracting is a breach of this agreement. 

51.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be 
resolved at the workplace level, any party may refer the allegation directly to the FWC for 
conciliation and/or resolution under clause 51.5 of this agreement. All parties will cooperate 
with the requests of the FWC including requests to provide substantiating information or 
undertaking an independent audit of their arrangements. For the avoidance of doubt, an 
effected employee may appoint a representative in relation to such matters. 

51.7 Where the sham contracting allegation exists on the employers project or workplace, the 
employer wil.l make itself available to assist in the dispute resolution procedure. 

51.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person 
was in fact an employee under this agreement, the calculation for pack pay will be calculated 
on the basis of the hourly rate contained in this agreement plus site allowance and an 
additional 85% loading to cover entitlements other than CBUS and ACIRT. Any difference 
between the hourly rate paid to the employee, plus CBUS and ACIRT will form the settlement 
for the breach of this clause. The affected employee will be re-inducted and fully informed of 
their entitlements under this agreement and the FWA. 

51.9 The employer must ensure that a person engaged to undertake work as an employee or as an 
independent contractor is lawfully entitled to be so engaged under Australian law. 

51.10 The parties agree that the practice of paying "all in" rates, including the practice of paying 
such rates to a corporation nominated by the employee to receive such remuneration on his 
or her behalf constitutes a serious breach of this agreement. 

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b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 51.4 Clause 51.3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 51.5 Any use of sham contracting is a breach of this agreement. 51.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 51.5 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 51.7 Where the sham contracting allegation exists on the employers project or workplace, the employer will make itself available to assist in the dispute resolution procedure. 51.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation for pack pay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and ACIRT. Any difference between the hourly rate paid to the employee, plus CBUS and ACIRT will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 51.9 The employer must ensure that a person engaged to undertake work as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law. 51.10 The parties agree that the practice of paying "all in" rates, including the practice of paying such rates to a corporation nominated by the employee to receive such remuneration on his or her behalf constitutes a serious breach of this agreement. All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 46




 



52. SIGNATORIES 

For and on behalf of the Communications Electrical Electronic Energy Information Postal 
Plumbing and Allied Services Union of Australia 

Branch Address: Shop 1, 111 McEvoy Street 
Alexandria NSW 2015 

Phone: 9310-3411 
Fax: 9310-1380 

Name: David Broadley 

Position: NSW Branch 

Signature: 

Date: 61
h September 2016 

Signatories for and on behalf of the Company 

Signature: 

Name: Darren Eveleigh 

Position: Director 

Enterprise: All Pipe Fire Services Pty ltd 

ABN: 81 093 956 597 

Address: 6 Kimbarra Close 

Belmont North 2280 

Date: 6th September 2016 

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52. SIGNATORIES For and on behalf of the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia Branch Address: Shop 1, 111 McEvoy Street Alexandria NSW 2015 Phone: 9310-3411 Fax 9310-1380 Name: David Broadley Position: NSW Branch Secretary 9.39 Signature: Date: 6th September 2016 Signatories for and on behalf of the Company Signature: Name: Darren Eveleigh Position: Director Enterprise: All Pipe Fire Services Pty Ltd ABN: 81 093 956 597 Address: 6 Kimbarra Close Belmont North 2280 Date: 6th September 2016 All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 Page - 47




 



53. APPENDIX A- WAGE RATES AND ALLOWANCES- FITTER 

Clause 53 Appendix A Wage Rate and Allowance's Registered 1st Class Fitter 

Rates of Pay 2015-2019 

All Rate changes from the first full pay period after the date nominated. 

1st March 2016 1st March 2017 1st March 2018 1st March 2019 

(36 Hour (36 Hour (36 Hour (36 Hour 
Divisor) Divisor) Divisor) Divisor) 

Registered Fitter $38.89 $40.45 $42.07 $43.75 
Hourly Rate 

Registered Fitter $1,400.04 $1,456.20 $1,514.52 $1,575.00 
Per Week 

Fares Per Day $16.00 $16.00 $16.00 $16.00 

Fares Per Week $80.00 $80.00 $80.00 $80.00 

Travel Time Rate $35.01 $36.41 $37.87 $39.38 

Travel Time Per $70.02 $72.82 $75.74 $78.76 
Day 

Travel Time Per $350.10 $364.10 $378.70 $393.80 
Week 

Site Allowance 

(Minimum) $2.80 $2.80 $2.80 $2.80 

Per Hour 

Redundancy $126.60 $126.60 $126.60 $126.60 
Construction 

Fitters 
Redundancy $204.38 $207.50 $210.74 $214.10 

Service Fitters 
Superannuation As Legislated As Legislated As Legislated As Legislated 
Top-Up Worker's $14.75 $14.75 $14.75 $14.75 

Compensation 

The Rates above include Industry & Tool Allowance, Industry Disability Allowance and 
Space, Height & Dirt Money 

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53. APPENDIX A - WAGE RATES AND ALLOWANCES - FITTER Clause 53 Appendix A Wage Rate and Allowance's Registered 1st Class Fitter Rates of Pay 2015-2019 All Rate changes from the first full pay period after the date nominated. 1st March 2016 1st March 2017 1st March 2018 1st March 2019 (36 Hour (36 Hour (36 Hour (36 Hour Divisor) Divisor) Divisor) Divisor) Registered Fitter $38.89 $40.45 $42.07 $43.75 Hourly Rate Registered Fitter $1,400.04 $1,456.20 $1,514.52 $1,575.00 Per Week Fares Per Day $16.00 $16.00 $16.00 $16.00 Fares Per Week $80.00 $80.00 $80.00 $80.00 Travel Time Rate $35.01 $36.41 $37.87 $39.38 Travel Time Per $70.02 $72.82 $75.74 $78.76 Day Travel Time Per $350.10 $364.10 $378.70 $393.80 Week Site Allowance (Minimum) $2.80 $2.80 $2.80 $2.80 Per Hour Redundancy $126.60 $126.60 $126.60 $126.60 Construction Fitters Redundancy $204.38 $207.50 $210.74 $214.10 Service Fitters Superannuation As Legislated As Legislated As Legislated As Legislated Top-Up Worker's $14.75 $14.75 $14.75 $14.75 Compensation The Rates above include Industry & Tool Allowance, Industry Disability Allowance and Space, Height & Dirt Money All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 48




 



Clause 53 Appendix A Wage Rate and Allowance's 1st Class Fitter 

Rates of Pay 2015-2019 

All Rate changes from the first full pay period after the date nominated. 

1st March 2016 1st March 2017 1st March 2018 1st March 2019 

(36 Hour (36 Hour (36 Hour (36 Hour 
Divisor) Divisor) Divisor) Divisor) 

1st Class Fitter $36.84 $38.31 $39.84 $41.43 
Hourly Rate 

1st Class Fitter $1,326.24 $1,379.16 $1A34.24 $1A91.48 
Per Week 

Fares Per Day $16.00 $16.00 $16.00 $16.00 

Fares Per Week $80.00 $80.00 $80.00 $80.00 

Travel Time Rate $34.86 $36.25 $37.70 $39.21 

Travel Time Per $69.72 $72.50 $75.40 $78.42 
Day 

Travel Time Per $348.60 $362.50 $377.00 $392.10 
Week 

Site Allowance 

(Minimum) $2.80 $2.80 $2.80 $2.80 

Per Hour 

Redundancy $126.60 $126.60 $126.60 $126.60 
Construction 

Fitters 
Redundancy $204.38 $207.50 $210.74 $214.10 

Service Fitters 
Superannuation As Legislated As Legislated As Legislated As Legislated 
Top-Up Worker's $14.75 $14.75 $14.75 $14.75 

Compensation 

The Rates above include Industry &Tool Allowance and Industry Disability Allowance 
and Space, Height & Dirt Money 

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Clause 53 Appendix A Wage Rate and Allowance's 1st Class Fitter Rates of Pay 2015-2019 All Rate changes from the first full pay period after the date nominated. 1st March 2016 1st March 2017 1st March 2018 1st March 2019 (36 Hour (36 Hour (36 Hour (36 Hour Divisor) Divisor) Divisor) Divisor) 1st Class Fitter $36.84 $38.31 $39.84 $41.43 Hourly Rate 1st Class Fitter $1,326.24 $1,379.16 $1,434.24 $1,491.48 .Per Week Fares Per Day $16.00 $16.00 $16.00 $16.00 Fares Per Week $80.00 $80.00 $80.00 $80.00 Travel Time Rate $34.86 $36.25 $37.70 $39.21 Travel Time Per $69.72 $72.50 $75.40 $78.42 Day Travel Time Per $348.60 $362.50 $377.00 $392.10 Week Site Allowance (Minimum) $2.80 $2.80 $2.80 $2.80 Per Hour Redundancy $126.60 $126.60 $126.60 $126.60 Construction Fitters Redundancy $204.38 $207.50 $210.74 $214.10 Service Fitters Superannuation As Legislated As Legislated As Legislated As Legislated Top-Up Worker's $14.75 $14.75 $14.75 $14.75 Compensation The Rates above include Industry & Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 49




 



53. APPENDIX A- WAGE RATES AND ALLOWANCES- APPRENTICES 

Clause 53 Appendix A Wage Rate and Allowance's 4th Year Apprentice 

Rates of Pay 2015-2019 

All Rate changes from the first full pay period after the date nominated. 

1st March 2016 1st March 2017 1st March 2018 1st March 2019 

(36 Hour (36 Hour (36 Hour (36 Hour 
Divisor) Divisor) Divisor) Divisor) 

4th Year 
$32.06 $33.34 $34.67 $36.06 Apprentice 

Hourly Rate 
4th Year 

$1,154.16 $1,200.24 $1,248.12 $1,298.16 
Apprentice Per 

Week 
Fares Per Day $16.00 $16.00 $16.00 $16.00 

Fares Per Week $80.00 $80.00 $80.00 $80.00 

Travel Time $30.36 $31.57 $32.83 $34.14 
Rate 

Travel Time Per $60.72 $63.14 $65.66 $68.28 
Day 

Travel Time Per $303.60 $315.70 $328.30 $341.40 
Week 

Site Allowance 

(Minimum) $2.80 $2.80 $2.80 $2.80 

Per Hour 

Redundancy $16.50 $16.50 $16.50 $16.50 

Superannuation As Legislated As Legislated As Legislated As Legislated 

The Rates above include Industry &Tool Allowance and Industry Disability Allowance 
and Space, Height & Dirt Money 

All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise 
Agreement NSW & ACT 2015- 2019. Page- 50 


53. APPENDIX A - WAGE RATES AND ALLOWANCES - APPRENTICES Clause 53 Appendix A Wage Rate and Allowance's 4th Year Apprentice Rates of Pay 2015-2019 All Rate changes from the first full pay period after the date nominated. 1st March 2016 1st March 2017 1st March 2018 1st March 2019 (36 Hour (36 Hour (36 Hour (36 Hour Divisor) Divisor) Divisor) Divisor) 4th Year Apprentice $32.06 $33.34 $34.67 $36.06 Hourly Rate 4th Year Apprentice Per $1,154.16 $1,200.24 $1,248.12 $1,298.16 Week Fares Per Day $16.00 $16.00 $16.00 $16.00 Fares Per Week $80.00 $80.00 $80.00 $80.00 Travel Time $30.36 $31.57 $32.83 $34.14 Rate Travel Time Per $60.72 $63.14 $65.66 $68.28 Day Travel Time Per $303.60 $315.70 $328.30 $341.40 Week Site Allowance (Minimum) $2.80 $2.80 $2.80 $2.80 Per Hour Redundancy $16.50 $16.50 $16.50 $16.50 Superannuation As Legislated As Legislated As Legislated As Legislated The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 50




 



Clause 53 Appendix A Wage Rate and Allowance's 3rd Year Apprentice 

Rates of Pay 2015-2019 

All Rate changes from the first full pay period after the date nominated. 

1st March 2016 1st March 2017 1st March 2018 1st March 2019 

(36 Hour (36 Hour (36 Hour (36 Hour 
Divisor) Divisor) Divisor) Divisor) 

3rd Year 
$26.54 $27.60 $28.70 $29.85 

Apprentice 
Hourly Rate 

3rd Year 
$955.44 $993.60 $1,033.20 $1,074.60 

Apprentice Per 
Week 

Fares Per Day $16.00 $16.00 $16.00 $16.00 

Fares Per Week $80.00 $80.00 $80.00 $80.00 

Travel Time $25.12 $26.12 $27.16 $28.25 
Rate 

Travel Time Per $50.24 $52.24 $54.32 $56.50 
Day 

Travel Time Per $251.20 $261.20 $271.60 $282.50 
Week 

Site Allowance 
$2.80 $2.80 $2.80 $2.80 

(Minimum) Per 
Hour 

Redundancy 3rd $16.50 $16.50 $16.50 $16.50 
Year Apprentice 
Superannuation As Legislated As Legislated As Legislated As Legislated 

The Rates above include Industry &Tool Allowance and Industry Disability Allowance 
and Space, Height & Dirt Money 

All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise 
Agreement NSW & ACT 2015- 2019. Page- 51 


Clause 53 Appendix A Wage Rate and Allowance's 3rd Year Apprentice Rates of Pay 2015-2019 All Rate changes from the first full pay period after the date nominated. 1st March 2016 1st March 2017 1st March 2018 1st March 2019 (36 Hour (36 Hour (36 Hour (36 Hour Divisor) Divisor) Divisor) Divisor) 3rd Year Apprentice $26.54 $27.60 $28.70 $29.85 Hourly Rate 3rd Year Apprentice Per $955.44 $993.60 $1,033.20 $1,074.60 Week Fares Per Day $16.00 $16.00 $16.00 $16.00 Fares Per Week $80.00 $80.00 $80.00 $80.00 Travel Time $25.12 $26.12 $27.16 $28.25 Rate Travel Time Per $50.24 $52.24 $54.32 $56.50 Day Travel Time Per $251.20 $261.20 $271.60 $282.50 Week Site Allowance (Minimum) Per $2.80 $2.80 $2.80 $2.80 Hour Redundancy 3rd $16.50 $16.50 $16.50 $16.50 Year Apprentice Superannuation As Legislated As Legislated As Legislated As Legislated The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 51




 



Clause 53 Appendix A Wage Rate and Allowance's 2"d Year Apprentice 

Rates of Pay 2015-2019 

All Rate changes from the first full pay period after the date nominated. 

1st March 2016 1st March 2017 1st March 2018 1st March 2019 

(36 Hour (36 Hour (36 Hour (36 Hour 
Divisor) Divisor) Divisor) Divisor) 

2"d Year 
$17.40 $18.10 $18.82 $19.57 

Apprentice 
Hourly Rate 

2"d Year 
$626.40 $651.60 $677.52 $704.52 

Apprentice Per 
Week 

Fares Per Day $16.00 $16.00 $16.00 $16.00 

Fares Per Week $80.00 $80.00 $80.00 $80.00 

Travel Time Rate $16.42 $17.08 $17.76 $18.47 

Travel Time Per $32.84 $34.16 $35.52 $36.94 
Day 

Travel Time Per $164.20 $170.80 $177.60 $184.70 
Week 

Site Allowance 
(Minimum) Per $2.80 $2.80 $2.80 $2.80 

Hour 

Redundancy 2"d 
NIL NIL NIL NIL 

. Year Apprentice 
Superannuation As Legislated As Legislated As Legislated As Legislated 

The Rates above include Industry &Tool Allowance and Industry Disability Allowance 
and Space, Height & Dirt Money 

All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise 
Agreement NSW & ACT 2015- 2019. Page- 52 


Clause 53 Appendix A Wage Rate and Allowance's 2nd Year Apprentice Rates of Pay 2015-2019 All Rate changes from the first full pay period after the date nominated. 1st March 2016 1st March 2017 1st March 2018 1st March 2019 (36 Hour (36 Hour (36 Hour (36 Hour Divisor) Divisor) Divisor) Divisor) 2nd Year Apprentice $17.40 $18.10 $18.82 $19.57 Hourly Rate 2nd Year Apprentice Per $626.40 $651.60 $677.52 $704.52 Week Fares Per Day $16.00 $16.00 $16.00 $16.00 Fares Per Week $80.00 $80.00 $80.00 $80.00 Travel Time Rate $16.42 $17.08 $17.76 $18.47 Travel Time Per $32.84 $34.16 $35.52 $36.94 Day Travel Time Per $164.20 $170.80 $177.60 $184.70 Week Site Allowance (Minimum) Per $2.80 $2.80 $2.80 $2.80 Hour Redundancy 2nd Year Apprentice NIL NIL NIL NIL Superannuation As Legislated As Legislated As Legislated As Legislated The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 52




 



Clause 53 Appendix A Wage Rate and Allowance's 1st Year Apprentice 

Rates of Pay 2015-2019 

All Rate changes from the first full pay period after the date nominated. 

1st March 2016 1st March 1st March 1st March 

(36 Hour 2017 2018 2019 
Divisor) (36 Hour (36 Hour (36 Hour 

Divisor) Divisor) Divisor) 

1st Year Apprentice $15.49 $16.11 $16.75 $17.42 
Hourly Rate 

1st Year Apprentice $557.64 $579.96 $603.00 $627.12 
Per Week 

Fares Per Day $16.00 $16.00 $16.00 $16.00 

Fares Per Week $80.00 $80.00 $80.00 $80.00 

Travel Time Rate $15.61 $16.23 $16.88 $17.56 

Travel Time Per Day $31.22 $32.46 $33.76 $35.12 

Travel Time Per Week $156.10 $162.30 $168.80 $175.60 

Site Allowance 
$2.80 $2.80 $2.80 $2.80 

(Minimum) Per Hour 

Redundancy 1st Year 
NIL NIL NIL NIL 

Apprentice 
Superannuation As Legislated As Legislated As Legislated As Legislated 

The Rates above include Industry &Tool Allowance and Industry Disability Allowance 
and Space, Height & Dirt Money 

All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise 
Agreement NSW & ACT 2015- 2019. Page- 53 


Clause 53 Appendix A Wage Rate and Allowance's 1st Year Apprentice Rates of Pay 2015-2019 All Rate changes from the first full pay period after the date nominated. 1st March 2016 1st March 1st March 1st March (36 Hour 2017 2018 2019 Divisor) (36 Hour (36 Hour (36 Hour Divisor) Divisor) Divisor) 1st Year Apprentice $15.49 $16.11 $16.75 $17.42 Hourly Rate 1st Year Apprentice $557.64 $579.96 $603.00 $627.12 Per Week Fares Per Day $16.00 $16.00 $16.00 $16.00 Fares Per Week $80.00 $80.00 $80.00 $80.00 Travel Time Rate $15.61 $16.23 $16.88 $17.56 Travel Time Per Day $31.22 $32.46 $33.76 $35.12 Travel Time Per Week $156.10 $162.30 $168.80 $175.60 Site Allowance (Minimum) Per Hour $2.80 $2.80 $2.80 $2.80 Redundancy 1St Year Apprentice NIL NIL NIL NIL Superannuation As Legislated As Legislated As Legislated As Legislated The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 53




 



54. APPENDIX B- RATES SCHEDULE 

Allowances Rates 
Charge Hands 

• Under direct supervision 2 & 10 $39.40 (per week) 
• Under direct supervision 10 $49.17 (per week) 
• In sole charge outside city/suburbs2 &  10 $49.17 (per week) 
• In sole charge outside city/suburbs 10 $55.64 (per week) 

Vehicle- Use of Own Motor Vehicle $0.74 (cents per kilometre) 

Board & Accommodation $450.00 (per week) 

Out of Pocket Expenses $50.00 (per day) 

Insulation Allowance $0.53 (per hour) 

First Aid Allowance $1.84 (per hour) 

Welding Certificate/ Qualifications $0.41 (per hour) 

Scaffolders Licence/ Certificate $12.63 (per day) 

55. APPENDIX C- CHART OF ENTITLEMENT- YES/NO 

FARES TRAVEL 
SITE LEADING SERVICE ON 

ALLOW HAND ALLOW CALL 

Ordinary Yes Yes Yes Yes Yes Yes 

Overtime-
No No Yes No No No 

Weekday 
Overtime-

Yes Yes Yes No No No 
Weekend 

Call-Out No 
No-incl 

Yes No No No 
In Time 

Sick No No No Yes No No 

Annual No No No Yes No No 

Leave Without 
No No No No No No 

Pay 

PLD No No No No No No 

ROO Yes Yes Yes Yes Yes Yes 

All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise 
Agreement NSW & ACT 2015- 2019. Page- 54 






 54. APPENDIX B - RATES SCHEDULE Allowances Rates Charge Hands · Under direct supervision 2 & 10 $39.40 (per week) · Under direct supervision 10 $49.17 (per week) · In sole charge outside city/suburbs2 &  10 $49.17 (per week) · In sole charge outside city/suburbs  10 $55.64 (per week) Vehicle - Use of Own Motor Vehicle $0.74 (cents per kilometre) Board & Accommodation $450.00 (per week) Out of Pocket Expenses $50.00 (per day) Insulation Allowance $0.53 (per hour) First Aid Allowance $1.84 (per hour) Welding Certificate/ Qualifications $0.41 (per hour) Scaffolders Licence/ Certificate $12.63 (per day) 55. APPENDIX C - CHART OF ENTITLEMENT - YES/NO FARES TRAVEL SITE LEADING SERVICE ON ALLOW HAND ALLOW CALL Ordinary Yes Yes Yes Yes Yes Yes Overtime Weekday No No Yes No No No Overtime- Weekend Yes Yes Yes No No No Call-Out No No-incl In Time Yes No No No Sick No No No Yes No No Annual No No No Yes No No Leave Without Pay No No No No No No PLD No No No No No No RDO Yes Yes Yes Yes Yes® Yes All Pipe Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. Page - 54

Cases cited by this decision: