1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2017/1279)
360 DEGREE FIRE PTY LTD & CEPU NSW/NFIA SPRINKLER
FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT
NSW 2015 - 2019
Plumbing industry
COMMISSIONER ROE MELBOURNE, 27 APRIL 2017
Application for approval of the 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler
Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019.
[1] An application has been made for approval of an enterprise agreement known as the
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union
Enterprise Agreement NSW 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 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. The Agreement does not cover all of the
employees of the employer, however, taking into account the factors in Section 186(3) and
(3A) I am satisfied that the group of employees was fairly chosen.
[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.
[2017] FWCA 2280
DECISION
AUSTRALIA FairWork Commission
[2017] FWCA 2280
2
[4] The Agreement was approved on 27 April 2017 and, in accordance with s.54, will
operate from 4 May 2017. The nominal expiry date of the Agreement is 30 September 2019.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
Price code J, AE424124 PR592090
THE FAIR WORK OiSSI SEAL OF THE
360 Degree Fire Pty Ltd &
CEPU NSW/NFIA Sprinkler Fitting Fire
Protection Union Enterprise Agreement
NSW 2015 - 2019.
EMPLOYEES UD TO BE UNION National Fire Industry TRADES Association PROUD UNION Wn7 New South Wales 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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 Payment of Wages 7
10 Fares and Travelling 8
11 Allowances & Expenses 9
12 Charge Hands 14
13 Special Working Conditions 15
14 Time Records 15
15 Employee and Employer Duties 16
16 Licence and Registration 16
17 Mixed Functions 16
18 Superannuation 16
19 Long Service Leave 18
20 Redundancy/Severance 18
21 Retrenchment Selection Criteria 20
22 Top-up workers compensation/24 Hour Accident Cover & Sickness Insurance 20
23 Rostered Days Off and Paid Leisure Days 20
24 Hours of Work 22
25 Work breaks 22
26 Smoking 23
27 Overtime- Construction Only 23
28 Weekend Work 24
29 Night Shift 25
30 Holidays and Sunday Work 26
31 Family Picnic Day 27
32 Personal/Carer's Leave And Compassionate Leave 27
33 Annual Leave 27
34 Parental Leave 27
35 Termination of Employment 27
36 Apprentices 28
37 Structured Vocational Training 33
38 Tools 33
39 Protective Clothing 34
40 Consultative Mechanisms 34
41 Work Health and Safety 34
42 Inclement Weather 35
43 Anti-Discrimination 35
44 Jury Service & Community Service Leave 36
45 Disputes Resolution Procedure 36
46 Service Work Only 39
47 Workplace flexibility 39
48 Model Consultation Clause 40
49 Employee Representation 43
so Code Compliance I Severability 44
51 Sham Contracting 45
52 Signatories 47
53 Appendix A- Wage Rates and Allowances 48
54 Appendix B- Rates Schedule 54
55 Appendix C- Chart of Entitlements. 54
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 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 Payment of Wages 7 10 Fares and Travelling 8 11 Allowances & Expenses 9 12 Charge Hands 14 13 Special Working Conditions 15 14 Time Records 15 15 Employee and Employer Duties 16 16 Licence and Registration 16 17 Mixed Functions 16 18 Superannuation 16 19 Long Service Leave 18 20 Redundancy/Severance 18 21 Retrenchment Selection Criteria 20 22 Top-up workers compensation/24 Hour Accident Cover & Sickness Insurance 20 23 Rostered Days Off and Paid Leisure Days 20 24 Hours of Work 22 25 Work breaks 22 26 Smoking 23 27 Overtime - Construction Only 23 28 Weekend Work 24 29 Night Shift 25 30 Holidays and Sunday Work 26 31 Family Picnic Day 27 32 Personal/Carer's Leave And Compassionate Leave 27 33 Annual Leave 27 34 Parental Leave 27 35 Termination of Employment 27 36 Apprentices 28 37 Structured Vocational Training 33 38 Tools 33 39 Protective Clothing 34 40 Consultative Mechanisms 34 41 Work Health and Safety 34 42 Inclement Weather 35 43 Anti-Discrimination 35 44 Jury Service & Community Service Leave 36 45 Disputes Resolution Procedure 36 46 Service Work Only 39 47 Workplace flexibility 39 48 Model Consultation Clause 40 49 Employee Representation 43 50 Code Compliance / Severability 44 51 Sham Contracting 45 52 Signatories 47 53 Appendix A - Wage Rates and Allowances 48 54 Appendix B - Rates Schedule 54 55 Appendix C - Chart of Entitlements. 54 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 1
1. TITLE
1.1 This Agreement will be known as the 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler
Fitting Fire Protection Union Enterprise Agreement NSW 2015- 2019.
2. PARTIES AND PERSONS BOUND
2.1 This Agreement will be binding upon each of the following:
(a} 360 Degree Fire Pty Ltd r'Employer"} in respect of persons engaged in NSW 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 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.
4.2 This Agreement will come into operation seven days from the date of certification and remain
in effect until the 301
h September 2019.
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 2015- 2019. Page- 2
1. TITLE 1.1 This Agreement will be known as the 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. 2. PARTIES AND PERSONS BOUND 2.1 This Agreement will be binding upon each of the following: (a) 360 Degree Fire Pty Ltd ("Employer") in respect of persons engaged in NSW 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 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. 4.2 This Agreement will come into operation seven days from the date of certification and remain in effect until the 30th September 2019. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 2
4.3 The Employer must ensure that copies ofthis 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) The Act means the Fair Work Act 2009 {Cth).
(c) FWA means Fair Work Australia.
(d) NES means the National Employment Standards as contained in sections 59 to 131 of
the Fair Work Act 2009 (Cth).
(e) Sprinkler fitter I fire protection worker means a fitter/worker who can undertake all
work in connection with preparing, erecting, fitting, fixing, commissioning, altering,
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
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 2015- 2019. Page- 3
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) The Act means the Fair Work Act 2009 (Cth). (c) FWA means Fair Work Australia. (d) NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth). (e) Sprinkler fitter / fire protection worker means a fitter/worker who can undertake all work in connection with preparing, erecting, fitting, fixing, commissioning, altering, 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 3
for conveyance of water, air and/or gas and/or chemical compounds and/or pipes and
fittings for hydrant and hose reel services.
(f) 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.
(g) Space, height and dirt money means an allowance incorporated in the base hourly rate
to sprinkler fitter's I 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.
(h) 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.
(i) 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.
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 2015 - 2019. Page - 4
for conveyance of water, air and/or gas and/or chemical compounds and/or pipes and fittings for hydrant and hose reel services. (f) 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; il. 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. (g) 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. (h) 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. (i) 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 4
(j) Service fitter means an Employee engaged in service work.
(k} Construction work means erection, repair, renovation, maintenance, ornamentation or
demolition of buildings or structures.
(I} Construction fitter means an Employee engaged in construction work.
(m} Union means the Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia (CEPU}.
(n} Contracting firm is the Employer party to this Agreement.
(o} Subcontracting firm means a company engaged by the contracting firm to provide
labour, and possibly materials, plant and tools.
(p} Code means the Building Code 2016 (Code for the Tendering and Performance of
Building Work 2016}, when and is in force from time to time.
(q} 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.
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.
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(j) Service fitter means an Employee engaged in service work. (k) Construction work means erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures. (1) Construction fitter means an Employee engaged in construction work. (m) Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). (n) Contracting firm is the Employer party to this Agreement. (o) Subcontracting firm means a company engaged by the contracting firm to provide labour, and possibly materials, plant and tools. (p) Code means the Building Code 2016 (Code for the Tendering and Performance of Building Work 2016), when and is in force from time to time (q) 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. 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. 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 5
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.
(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.
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Agreement NSW 2015- 2019. Page- 6
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)ili, 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. viji. 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. (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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 6
9. PAYMENT OF WAGES
9.1 EFT will be used for payment of wages to Employees covered by this Agreement.
9.2 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.
9.3 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.
9.4 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
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.
9.5 Payroll deductions may be provided by the Employer subject to the Employee providing the
Employer with a letter of authority to do so.
9.6 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.
9.7 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;
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9. PAYMENT OF WAGES 9.1 EFT will be used for payment of wages to Employees covered by this Agreement. 9.2 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. 9.3 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. 9.4 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 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. 9.5 Payroll deductions may be provided by the Employer subject to the Employee providing the Employer with a letter of authority to do so. 9.6 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. 9.7 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; 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 7
(e) The Employer and Employees building superannuation number; and
(f) The amount of any other payments made to the Employee under this Agreement.
9.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be
made to the Employee in error by the Company.
9.9 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.
10. FARES AND TRAVELLING
10.1 The centre of employment shall be the capital city principle post office.
10.2 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.
10.3 For the time occupied outside the ordinary hours of work specified in clause 24 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.
10.4 The Fares necessary for such travelling whether actually paid or not.
10.5 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.
10.6 The minimum Fares paid to an Employee in accordance with this clause shall be the Fares
allowance in Appendix A.
10.7 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.
10.8 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.
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(e) The Employer and Employees building superannuation number; and (f) The amount of any other payments made to the Employee under this Agreement. 9.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be made to the Employee in error by the Company. 9.9 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. 10. FARES AND TRAVELLING 10.1 The centre of employment shall be the capital city principle post office. 10.2 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. 10.3 For the time occupied outside the ordinary hours of work specified in clause 24 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. 10.4 The Fares necessary for such travelling whether actually paid or not. 10.5 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. 10.6 The minimum Fares paid to an Employee in accordance with this clause shall be the Fares allowance in Appendix A. 10.7 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. 10.8 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 8
10.9 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.
10.10 SUMMARY
(a} Summary of entitlement to fares and travel allowances:
Start or finish on the job using own vehicle
Start or finish on the job using public transport
Start or finish on the job provided with or offered transport
Start and finish at the workshop
Annual leave
Public holidays
Sick leave
Rostered Day Off
Paid Leisure Day
10.11 TRANSFER BETWEEN JOB SITES DURING WORKING HOURS
Travel Time
Paid
Paid
Paid
Not paid
Not paid
Not paid
Not paid
Paid
Not paid
Fares
Paid
Paid
Not paid
Not paid
Not paid
Not paid
Not paid
Paid
Not Paid
(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.
11. ALLOWANCES AND EMPLOYEE EXPENSES
11.1 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
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10.9 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. 10.10 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 10.11 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. 11. ALLOWANCES AND EMPLOYEE EXPENSES 11.1 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 9
$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 11.1(aL 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.
(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 11.1(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;
11.2 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.
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$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 11.1(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. (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 11.1(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) 11.2 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 10
11.3 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.
(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.
11.4 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.
11.5 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) EMPLOYEE1S 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 11.5(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
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11.3 WELDING CERTIFICATE )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. (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. 11.4 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. 11.5 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 11.5(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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 11
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 11.5(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
clause 10, 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 11.5(d)i (above) together with the
amount prescribed in clause 10, 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
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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 11.5(c)iA. (d) TRAVELLING EXPENSES 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 clause 10, 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 11.5(d)i (above) together with the amount prescribed in clause 10, 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019 Page - 12
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 oftheir own transport) will be paid the
Fares Allowance prescribed by clause 10.
(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
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 11.5
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 11.5(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 11.5(f) and clause 11.5(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
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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 10. (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 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 11.5 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 11.5(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 11.5(f) and clause 11.5(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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 13
i. If the Employer and Employee so agree in writing, the paid Rostered Day Off as
prescribed in clause 23, may be taken, and paid for, in conjunction with and
additional to rest and recreation leave as prescribed in 11.5(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.
12. CHARGE HANDS
12.1 An Employee may from time to time be appointed by the Employer as a Charge Hand.
12.2 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
(I) Inform supervisor of breaches.
12.3 An Employee appointed as charge hand will be paid the additional rates prescribed in
Appendix B.
12.4 An Employee who is not required to perform the duties of charge hand outlined in clause 12.2
shall not be paid as a Charge Hand, irrespective of whether they have performed those duties
and been paid accordingly on a prior occasion.
13. SPECIAL WORKING CONDITIONS
13.1 SHIP WORK
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If the Employer and Employee so agree in writing, the paid Rostered Day Off as prescribed in clause 23, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 11.5(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. 12. CHARGE HANDS 12.1 An Employee may from time to time be appointed by the Employer as a Charge Hand. 12.2 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. 12.3 An Employee appointed as charge hand will be paid the additional rates prescribed in Appendix B. 12.4 An Employee who is not required to perform the duties of charge hand outlined in clause 12.2 shall not be paid as a Charge Hand, irrespective of whether they have performed those duties and been paid accordingly on a prior occasion. 13. SPECIAL WORKING CONDITIONS 13.1 SHIP WORK 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 14
(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.
13.2 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.
13.3 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 oo Celsius will be entitled to 20 minutes rest
after every two hours work without loss of pay.
13.4 TOWERS
(a) An Employee working on a chimney stack/ spire/ tower1 radio or television mast or
tower/ air shaft (other than above ground in a multistorey building)1 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 B1 with
an additional rate as prescribed in Appendix B for work above each further 15 metres.
14. TIME RECORDS
14.1 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 24;
(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. Tax1 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
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(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. 13.2 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. 13.3 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. 13.4 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. 14. TIME RECORDS 14.1 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 24; (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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 15
(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.
14.2 All records and documentation referred to in clause 14.1, 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.
15. EMPLOYER AND EMPLOYEE DUTIES
15.1 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.
16. LICENCE AND REGISTRATION
16.1 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.
17. MIXED FUNCTIONS
17.1 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.
18. SUPERANNUATION
18.1 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.
18.2 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).
18.3 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)
18.4 Superannuation will not be paid on the Fares Allowance
18.5 ABSENSE FROM WORK
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(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. 14.2 All records and documentation referred to in clause 14.1, 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. 15. EMPLOYER AND EMPLOYEE DUTIES 15.1 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. 16. LICENCE AND REGISTRATION 16.1 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. 17. MIXED FUNCTIONS 17.1 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. 18. SUPERANNUATION 18.1 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. 18.2 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). 18.3 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) 18.4 Superannuation will not be paid on the Fares Allowance 18.5 ABSENSE FROM WORK 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 16
(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.
(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.
18.6 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 18.1, 18.2 and 18.3 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.
18.7 Contributions deducted under clause 18.6 will be forwarded to the Fund at the same time as
contributions under clause 18.3.
19. LONG SERVICE LEAVE
19.1 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
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(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. (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. 18.6 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 18.1, 18.2 and 18.3 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. 18.7 Contributions deducted under clause 18.6 will be forwarded to the Fund at the same time as contributions under clause 18.3. 19. LONG SERVICE LEAVE 19.1 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 17
Building and Construction Industry Long Service Payments Corporation within 14 days of
commencement of his/her employment.
20. RED UN DANCY /SEVERANCE
20.1 The Employer will:
(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.
20.2 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.
20.3 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
20.4 For the purpose of meeting its obligations under this clause the Employer will make the
contributions set out in clause 20.2 and 20.3 above on a monthly basis in respect of each
Employee covered by this Agreement to the Scheme.
20.5 Contributions paid by the Employer under this clause will be paid in accordance with the
requirements of the Scheme's trust deed.
20.6 Upon termination the Employee will, depending on the Scheme's trust deed, be paid directly
by the Scheme.
20.7 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
3'ct & 4th Year Apprentices $16.50
20.8 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.
20.9 REDUNDANCY PAY
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Building and Construction Industry Long Service Payments Corporation within 14 days of commencement of his/her employment. 20. REDUNDANCY/SEVERANCE 20.1 The Employer will: (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. 20.2 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. 20.3 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 20.4 For the purpose of meeting its obligations under this clause the Employer will make the contributions set out in clause 20.2 and 20.3 above on a monthly basis in respect of each Employee covered by this Agreement to the Scheme. 20.5 Contributions paid by the Employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. 20.6 Upon termination the Employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. 20.7 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 20.8 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. 20.9 REDUNDANCY PAY 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 18
(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
2.4 weeks' pay plus, for all service in
1 year or more but less than 2 years
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 20.9 will be set off
against the liability of the Employer under clause 20.2, and the Employee will receive
the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per
clause 20.9), 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.
20.10 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.
20.11 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 20.9 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.
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(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 Nil 2.4 weeks' pay plus, for all service in 1 year or more but less than 2 years 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 20.9 will be set off against the liability of the Employer under clause 20.2, and the Employee will receive the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per clause 20.9), 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. 20.10 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. 20.11 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 20.9 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 19
21. RETRENCHMENT SELECTION CRITERIA
21.1 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;
(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.
22. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE
22.1 The Company recognises the importance of providing income security for Employees
and their families.
22.2 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.
22.3 The policy taken out in accordance with clause 22.2 must not have a waiting period of more
than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered.
22.4 The agreed premium I rate per Employee will be a maximum of $14.75 per week.
23. ROSTERED DAY OFF AND PAID LEISURE DAY
23.1 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:
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
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21. RETRENCHMENT SELECTION CRITERIA 21.1 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; (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. 22. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE 22.1 The Company recognises the importance of providing income security for Employees and their families. 22.2 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. 22.3 The policy taken out in accordance with clause 22.2 must not have a waiting period of more than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered. 22.4 The agreed premium / rate per Employee will be a maximum of $14.75 per week. 23. ROSTERED DAY OFF AND PAID LEISURE DAY 23.1 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: 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 20
i. Fares and Travel as prescribed in Clause 10; and
ii. Site Allowance as prescribed in Clause 11.1.
23.2 PAID LEISURE DAY (PLD)
(a) EMPLOYEES NOT ENGAGED IN SERVICE AND/OR TESTING
i. 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) EMPLOYEES INVOLVED IN SERVICE AND/OR TESTING
i. 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
20.3 in lieu of receiving Paid Leisure Days.
23.3 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.
23.4 TERMINATION OF EMPLOYMENT
(a) Upon termination, the Employer will pay Employees all unused RDO accruals and PLD
accruals.
24. HOURS OF WORK
24.1 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 23.1.
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i. Fares and Travel as prescribed in Clause 10; and ii. Site Allowance as prescribed in Clause 11.1. 23.2 PAID LEISURE DAY (PLD) (a) EMPLOYEES NOT ENGAGED IN SERVICE AND/OR TESTING i. 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) EMPLOYEES INVOLVED IN SERVICE AND/OR TESTING i. 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 20.3 in lieu of receiving Paid Leisure Days. 23.3 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. 23.4 TERMINATION OF EMPLOYMENT (a) Upon termination, the Employer will pay Employees all unused RDO accruals and PLD accruals. 24. HOURS OF WORK 24.1 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 23.1. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 21
(b) 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 23.2.
24.2 An Employee is not entitled to accrue the time provided for in clause 23 whilst on an RDO or
PLD.
24.3 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 25.
(d) The Employee shall finish work on a normal working day at 3:30pm if the Work Breaks
prescribed in clause 25 are taken.
25. WORK BREAKS
25.1 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.
25.2 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.
25.3 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.
25.4 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
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(b) 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 23.2. 24.2 An Employee is not entitled to accrue the time provided for in clause 23 whilst on an RDO or PLD. 24.3 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 25. (d) The Employee shall finish work on a normal working day at 3:30pm if the Work Breaks prescribed in clause 25 are taken. 25. WORK BREAKS 25.1 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. 25.2 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. 25.3 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. 25.4 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 22
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.
26. 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.
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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. 26. 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 )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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 23
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
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.
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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 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 24
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.
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 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 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.
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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. 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 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 25
30. HOLIDAYS AND SUNDAY WORK
30.1 An Employee on Weekly Employment will be entitled without loss of pay to public holidays as
follows:
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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30. HOLIDAYS AND SUNDAY WORK 30.1 An Employee on Weekly Employment will be entitled without loss of pay to public holidays as follows: 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 26
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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 27
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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 28
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 I TRAINING AGREEMENT I 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 I 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 I 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; 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 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: i. By the mutual consent of the parties; 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 29
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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 30
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 :- i. Disciplinary matters in respect to apprentices and Employers; ii. Completion of the training Agreement; 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 31
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 (inclusive of all-purpose allowances) that is, from time to
time, applicable to the classification or class of work in which the adult apprentice
was engaged immediately prior to entering into the training agreement specified in
clause 15.1 of the Plumbing and Fire Sprinklers Award.
iii. Subject to clauses 36.21(d)i and 36.21(d)ii the rate of pay of an adult apprentice will
be not less than:
I. the federal minimum wage plus the full rate of clause 21.1(b) -Industry
allowance; of the Plumbing and Fire Sprinklers Award, or
II. the amount prescribed for apprentices generally in clause 20.2 of the
Plumbing and Fire Sprinklers Award;
Ill. the apprentice rates provided for in this agreement;
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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 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 (inclusive of all-purpose allowances) that is, from time to time, applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the training agreement specified in clause 15.1 of the Plumbing and Fire Sprinklers Award. iii. Subject to clauses 36.21(d)i and 36.21(d)ii the rate of pay of an adult apprentice will be not less than: 1. the federal minimum wage plus the full rate of clause 21.1(b) -Industry allowance; of the Plumbing and Fire Sprinklers Award, or Il. the amount prescribed for apprentices generally in clause 20.2 of the Plumbing and Fire Sprinklers Award; IlI. the apprentice rates provided for in this agreement; 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 32
whichever is the greater.
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:-
(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 Level3 (AVTS level3); 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 tear1 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
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whichever is the greater. 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 :- (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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 33
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;
(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 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.
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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; (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 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 34
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.
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.
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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. 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 35
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).
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.
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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). 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 36
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;
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
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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; 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 37
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.
(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:
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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. (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: 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 38
i. Permanent or non-permanent $30 per day extra stand-by roster; and
ii. An Employee1 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.
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 morel Employees shall be allowed to take without
deduction of pay1 20 minutes for crib immediately after the ordinary ceasing time1 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
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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. 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 39
(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
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:
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(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 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: 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 40
(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
(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
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(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 (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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 41
(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:
(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.
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(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: (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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 42
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.
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.
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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. 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 43
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;
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 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
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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; 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 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 44
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.
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 ofthis 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.
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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. 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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 45
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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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. 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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:
Fax:
Name:
Position:
Signature:
Date:
9310-3411
9310-1380
David Broadley
tl_ . L\ . \
Signatories for and on behalf of the Company
Signature: .L 4 ~
Name:
Position:
Enterprise:
ABN:
Address:
121411 7 Date:
I I
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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 2.38 Signature: 12.4.17 Date: Signatories for and on behalf of the Company LAS Signature: Ray Hicks Name: Regional Manager Position: Enterprise: 360 Degree Fire Pty Ltd. ABN: 54 605 370 518 Address: 90 High St Queanbeyan. USW 2620 - Date: 12/4 /17 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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 $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
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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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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
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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 4ª 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 53
54. APPENDIX B- RATES SCHEDULE
Allowe~nces
Charge Hands
• Under direct supervision 2 & 10
• Under direct supervision 10
• In sole charge outside city/suburbs2 & 10
• In sole charge outside city/suburbs 10
Vehicle- Use of Own Motor Vehicle
Board & Accommodation
Out of Pocket Expenses
Insulation Allowance
First Aid Allowance
Welding Certificate/ Qualifications
Scaffolders Licence/ Certificate
Towers Allowance
55. APPENDIX C- CHART OF ENTITLEMENT- YES/NO
.
..... ·. ..·.•
·•··. ov~~irt,e~'····•··
••. •·• . Jl'lf~e@~v :
J ovEitiiril~:. ··
. • Weeke.tid•· ..... ··
I···/ .~ .................... .
1 · .. •··· Cc:dl,Qut .. ·.·.·• ·••··.·
·. s.i.ct' ·· .·.··· .. · .. . .
.. Le~v~\I\Jit69ut···.
. P~y .··.····
.. ···•• pl,l)i .·· R.oo. ···.·.
...
FARES··
"
Yes
No
Yes
No
No
No
No
No
Yes
.· SITE
TRAVEL···
AU. OW
Yes Yes
No Yes
Yes Yes
No-incl
Yes
In Time
No No
No No
No No
No No
Yes Yes
·.·
Rates
$39.40 (per week)
$49.17 (per week)
$49.17 (per week)
$55.64 (per week)
$0.74 (cents per kilometre)
$450.00 (per week)
$50.00 (per day)
$0.53 (per hour)
$1.84 (per hour)
$0.41 (per hour)
$12.63 (per day)
$1.32 (per hour; per 15m.)
.LEAQING 1 SERVIC:E ON
HANO ·Au.ow·· CAll
Yes Yes Yes
No No No
No No No
No No No
Yes No No
Yes No No
No No No
No No No
Yes Yes Yes
360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW 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) Towers Allowance $1.32 (per hour; per 15m.) 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 360 Degree Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015 - 2019. Page - 54
