1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2018/1711)
MAC'S INDUSTRIAL PIPEWORK PTY LTD REGIONAL PLUMBING
ENTERPRISE AGREEMENT 2017 - 2019
Plumbing industry
COMMISSIONER CIRKOVIC SYDNEY, 31 MAY 2018
Application for approval of the Mac's Industrial Pipework Pty Ltd Regional Plumbing
Enterprise Agreement 2017 - 2019.
[1] An application has been made for approval of an enterprise agreement known as the
Mac’s Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[4] 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.
[2018] FWCA 3138
DECISION
AUSTRALIA FairWork Commission
[2018] FWCA 3138
2
[5] The Agreement was approved on 31 May 2018 and, in accordance with s.54, will
operate from 7 June 2018. The nominal expiry date of the Agreement is 30 June 2020.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE428598 PR607664
OF THE FAIR WORK WORK COMMISSION SEALOF THE F THE
MACS INDUSTRIAL PIPEWORK PTY LTD
NSW REGIONAL PLUMBING ENTERPRISE
AGREEMENT 2017-2019
1
USTRE MACS INDUSTRIAL PIPEWORK PTY LTD NSW REGIONAL PLUMBING ENTERPRISE AGREEMENT 2017-2019 1
balderston
Flex
Clause Name Page
1 Title 4
2 Parties and Persons Bound 4
3 Objectives 4
4 Commitments 5
5 Lodgement and Period of Operation 6
6 Relationship to Other Instruments 6
7 Definitions 6
8 Types of Employment 8
9 Employer and Employee Duties 9
10 Consultative Mechanisms 9
11 Increases to Wages- Productivity Gains 9
12 Payment of Wages 10
13 Apprentices 10
14 Travel Allowance 11
15 Site Allowance 12
16 Other Allowances 12
17 Living Away from Home - Distant Work 14
18 Superannuation 18
19 Termination of Employment 19
20 Redundancy Scheme 19
21 Statutory Matters Covered by State leQislation 22
Top-Up Workers Compensation I 24 Hour Accident Cover &
22 Sickness 23
23 Ordinary Hours of Work 23
2
Clause Name Page 1 Title 4 2 Parties and Persons Bound 4 3 Objectives 4 4 Commitments 5 5 Lodgement and Period of Operation 6 6 Relationship to Other Instruments 6 7 Definitions 6 8 Types of Employment 8 9 Employer and Employee Duties 9 10 Consultative Mechanisms 9 11 Increases to Wages - Productivity Gains 9 12 Payment of Wages 10 13 Apprentices 10 14 Travel Allowance 11 15 Site Allowance 12 16 Other Allowances 12 17 Living Away from Home - Distant Work 14 18 Superannuation 18 19 Termination of Employment 19 20 Redundancy Scheme 19 21 Statutory Matters Covered by State legislation 22 Top-Up Workers Compensation / 24 Hour Accident Cover & 22 Sickness 23 23 Ordinary Hours of Work 23 2
Clause Name Page
24 Work Breaks 24
25 Overtime 25
26 Weekend Work 26
27 NiQht Shift 27
28 Public Holidays and Holiday Work 28
29 Annual Leave 30
30 Personal Leave 32
31 Parental Leave 32
32 Work, Health & Safety 32
33 Inclement Weather 33
34 Protective ClothinQ 35
35 Compensation For Tools And Clothing 36
36 Presenting For Work But Not Required 37
37 Jury Service Make-Up Pay 37
38 Dispute Settlement Procedures 37
39 Anti-Discrimination 38
40 Posting of Agreement 39
41 Workplace Flexibility 39
42 Consultation 40
43 Code Compliance/Severability 42
Appendix 1: Rates of Pay Tables 1 to 3 43
A_2pendix 3: ROO Calendar's 47
Signatory Page 50
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Clause Name Page 24 Work Breaks 24 25 Overtime 25 26 Weekend Work 26 27 Night Shift 27 28 Public Holidays and Holiday Work 28 29 Annual Leave 30 30 Personal Leave 32 31 Parental Leave 32 32 Work, Health & Safety 32 33 Inclement Weather 33 34 Protective Clothing 35 35 Compensation For Tools And Clothing 36 36 Presenting For Work But Not Required 37 37 Jury Service Make-Up Pay 37 38 Dispute Settlement Procedures 37 39 Anti-Discrimination 38 40 Posting of Agreement 39 41 Workplace Flexibility 39 42 Consultation 40 43 Code Compliance/Severability 42 Appendix 1: Rates of Pay Tables 1 to 3 43 Appendix 3: RDO Calendar's 47 Signatory Page 50 3
1. TITLE
This Agreement shall be known as the Mac's Industrial Pipework Pty Ltd
Regional Plumbing Enterprise Agreement 2017-2019.
2. PARTIES AND PERSONS BOUND
This Agreement shall be binding upon:
2.1 Mac's Industrial Pipework Pty Ltd in respect to its employees as defined in
clause 7.1 (viii)
2.2 The Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia (Union).
2.3 This Agreement does not apply to the employment of:
a) employees engaged as Sprinkler Fitters whose employment would
otherwise fall within the coverage of the Plumbing and Fire Sprinkler
Award 201 0; or
b) employees principally engaged in installing automatic fire protection
systems; or
c) the employment of weekly engaged employees who are fully employed in
workshops off site and who would otherwise fall within the coverage of
the Manufacturing and Associated Industries manufacturing Award 2010.
d) employees employed by the employer on projects with a contract Value of
less than $1,000,000. Employees employed on such projects will be paid
the NSW Country rates as prescribed in Appendix 1. Proof of such value
will be provided to all parties by the employer if requested.
3. OBJECTIVES
The objectives of this Agreement are to:
3.1 Increase the efficiency of the company by the effective utilisation of the skill
and commitment of the company's employees;
3.2 Improve the living standard, job satisfaction and continuity of the company's
employees by improving Industry standards;
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1. TITLE This Agreement shall be known as the Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 2019. 2. PARTIES AND PERSONS BOUND This Agreement shall be binding upon: 2.1 Mac's Industrial Pipework Pty Ltd in respect to its employees as defined in clause 7.1 (viii) 2.2 The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Union). 2.3 This Agreement does not apply to the employment of: a) employees engaged as Sprinkler Fitters whose employment would otherwise fall within the coverage of the Plumbing and Fire Sprinkler Award 2010; or b) employees principally engaged in installing automatic fire protection systems; or c) the employment of weekly engaged employees who are fully employed in workshops off site and who would otherwise fall within the coverage of the Manufacturing and Associated Industries manufacturing Award 2010. d) employees employed by the employer on projects with a contract Value of less than $1,000,000. Employees employed on such projects will be paid the NSW Country rates as prescribed in Appendix 1. Proof of such value will be provided to all parties by the employer if requested. 3. OBJECTIVES The objectives of this Agreement are to: 3.1 Increase the efficiency of the company by the effective utilisation of the skill and commitment of the company's employees; 3.2 Improve the living standard, job satisfaction and continuity of the company's employees by improving Industry standards; Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 4 2019
3.3 Create a cooperative and productive Industrial Relations environment;
3.4 Provide workers with more varied, fulfilling and better paid jobs;
3.5 Promote the continued skill formation of workers;
3.6 Maintain a safe working environment;
3. 7 Establish effective communications between the company, its workers and
their Consultative Committee to ensure that the workforce are kept fully
informed and have an input into decision making that effects the work
environment and the future employment of workers with the company.
3.8 Maintain and continue the integrity of trade training through apprenticeships
contract of training.
4. COMMITMENTS
In order that the objectives of this Agreement are achieved, the parties are
committed to ensuring that:
4.1 The measures contained in this Agreement lead to real gains in productivity.
4.2 A broad approach to productivity is adopted incorporating (but not being limited
to) both management and labour efficiency, quality, training, maintaining high
standards of occupational health and safety, improved working conditions,
environmental concerns, quality of working life issues and equity issues.
4.3 The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the company.
4.4 Productivity measures will not be implemented at the expense of health and
safety standards and those standards will be improved.
4.5 The dispute settlement procedures provided for in this agreement are
rigorously applied and enforced.
4.6 A free flow of information occurs between the company and employees
concerning all aspects of the construction process.
4. 7 Statutory entitlements, quality of work and proper safety standards will
underpin this agreement.
4.8 No employee will be disadvantaged by the signing of this agreement.
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3.3 Create a cooperative and productive Industrial Relations environment; 3.4 Provide workers with more varied, fulfilling and better paid jobs; 3.5 Promote the continued skill formation of workers; 3.6 Maintain a safe working environment; 3.7 Establish effective communications between the company, its workers and their Consultative Committee to ensure that the workforce are kept fully informed and have an input into decision making that effects the work environment and the future employment of workers with the company. 3.8 Maintain and continue the integrity of trade training through apprenticeships contract of training. 4. COMMITMENTS In order that the objectives of this Agreement are achieved, the parties are committed to ensuring that: 4.1 The measures contained in this Agreement lead to real gains in productivity. 4.2 A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. 4.3 The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the company. 4.4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 4.5 The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. 4.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 4.7 Statutory entitlements, quality of work and proper safety standards will underpin this agreement. 4.8 No employee will be disadvantaged by the signing of this agreement. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 5 2019
5. LODGEMENT AND PERIOD OF OPERATION
This Agreement will be lodged in accordance with the Fair Work Act 2009 (Cth).
This Agreement shall come into operation seven days from the date approved
by the FWC and continue until 30th June 2020.
6. RELATIONSHIP TO OTHER INSTRUMENTS
This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010,
unless specified in individual clauses in this agreement.
7. DEFINITIONS
Geographic definitions
a) Area 1 -
b) Area 2-
c) Area 3-
d) Area 4-
7.1 Other definitions
means the County of Cumberland
means the Cities of Wollongong, Shell harbour,
Gosford and the Shire of Wyong
means the cities of Newcastle, Lake Macquarie,
Cessnock, Maitland, Port Stephens and the shires of
Dungog, Singleton and Muswellbrook.
means all other areas of the State of New South
Wales not covered by the geographic areas set out in
(a) to (c) above.
In this agreement, unless the contrary intention appears:
(i) Act means the Fair Work Act 2009 (Cth)
(ii) adult apprentice means a person of 21 years of age or over at the time
of entering into an indenture to a trade specified
(iii) agreement-based transitional instrument has the meaning in the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009
(Cth)
(iv) award-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(v) construction work means all work performed under this agreement in
connection with the erection, repair, renovation, maintenance,
ornamentation or demolition of buildings or structures, including the
prefabrication of work performed in plumbing workshops. For the purpose
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5. LODGEMENT AND PERIOD OF OPERATION This Agreement will be lodged in accordance with the Fair Work Act 2009 (Cth). This Agreement shall come into operation seven days from the date approved by the FWC and continue until 30th June 2020. 6. RELATIONSHIP TO OTHER INSTRUMENTS This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010, unless specified in individual clauses in this agreement. 7. DEFINITIONS Geographic definitions a) Area 1 - means the County of Cumberland b) Area 2 - means the Cities of Wollongong, Shellharbour, Gosford and the Shire of Wyong c) Area 3 - means the cities of Newcastle, Lake Macquarie, Cessnock, Maitland, Port Stephens and the shires of Dungog, Singleton and Muswellbrook. d) Area 4 - means all other areas of the State of New South Wales not covered by the geographic areas set out in (a) to (c) above. 7.1 Other definitions In this agreement, unless the contrary intention appears: (i) Act means the Fair Work Act 2009 (Cth) (ii) adult apprentice means a person of 21 years of age or over at the time of entering into an indenture to a trade specified (iii) agreement-based transitional instrument has the meaning in the Fair (Cth) Work (Transitional Provisions and Consequential Amendments) Act 2009 (iv) award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (v) construction work means all work performed under this agreement in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 6 2019
of this definition maintenance is confined to employees employed by
employers in the building and construction industry.
(vi) contractor means any entity which contracts to provide plumbing.
(vii) continuous shift worker means an employee engaged to work in a
system of consecutive shifts throughout the 24 hours of each of at least
six consecutive days without interruption (except during breakdown or
meal breaks or due to unavoidable causes beyond the control of the
employer) and who is regularly rostered to work those shifts
(viii) employee means national system employee within the meaning of the
Act
(ix) employer means national system employer within the meaning of the Act
(x) enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(xi) leading hand means an employee who is given by the employer, or their
agent, the responsibility of directing and/or supervising the work of other
employees, or in the case of only one employee, the specific
responsibility of directing and/or supervising the work of that employee
(xii) NES means the National Employment Standards as contained in sections
59 to 131 of the Fair Work Act 2009 (Cth)
(xiii) on-hire means the on-hire of an employee by their employer to a client,
where such employee works under the general guidance and instruction
of the client or a representative of the client
(xiv) operator of explosive powered tools means an employee qualified in
accordance with the laws and regulations of the State concerned to
operate explosive powered tools
(xv) plumber's labourer means an employee primarily engaged in assisting a
plumber
(xvi) standard rate means the minimum wage for the Plumbing and
mechanical services tradesperson Level 1 in Appendix A.
(xvii) Code means the Building Code 2016 (Code for the Tendering and
Performance of Building Work 2016).
Where this agreement refers to a condition of employment provided for in the
NES, the NES definition applies.
8. TYPES OF EMPLOYMENT
8.1 DAILY EMPLOYMENT
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of this definition maintenance is confined to employees employed by employers in the building and construction industry. (vi) contractor means any entity which contracts to provide plumbing. (vii) continuous shift worker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts (viii) employee means national system employee within the meaning of the Act (ix) employer means national system employer within the meaning of the Act (x) enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (xi) leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee (xii) NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) (xiii) on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client (xiv) operator of explosive powered tools means an employee qualified in accordance with the laws and regulations of the State concerned to operate explosive powered tools (xv) plumber's labourer means an employee primarily engaged in assisting a plumber (xvi) standard rate means the minimum wage for the Plumbing and mechanical services tradesperson Level 1 in Appendix A. (xvii) Code means the Building Code 2016 (Code for the Tendering and Performance of Building Work 2016). Where this agreement refers to a condition of employment provided for in the NES, the NES definition applies. 8. TYPES OF EMPLOYMENT 8.1 DAILY EMPLOYMENT Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 7 2019
Except as provided in 8.2, employment will be by the day. Any Employee not
specifically engaged as a casual Employee will be deemed to be employed by
the day. The following provisions will apply to daily hire employees:
(a) One day's notice of termination of employment will be given by either
party or one day's pay must be paid or forfeited;
(b) Notice given at or before the usual starting time of any ordinary working
day will expire at the completion of that day's work;
(c) A tradesperson will be allowed one hour prior to termination to gather,
clean, sharpen, pack and transport tools; and
(d) Nothing in this clause will affect the right of an employer to dismiss an
employee without notice for misconduct or refusing duty.
8.2 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 1, and all relevant allowances
prescribed in Appendix 1, 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.
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
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Except as provided in 8.2, employment will be by the day. Any Employee not specifically engaged as a casual Employee will be deemed to be employed by the day. The following provisions will apply to daily hire employees: (a) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; (b) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; (c) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and (d) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. 8.2 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 1, and all relevant allowances prescribed in Appendix 1, 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. 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 Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 8 2019
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 8.2(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.
9. EMPLOYER AND EMPLOYEE DUTIES
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.
10. CONSULTATIVE MECHANISMS
Any matter arising as a result of the introduction of this Agreement will be
implemented by way of a Company Consultative Committee consisting of equal
numbers of management and employee representatives. The consultative
committee shall meet as required with additional meetings being convened at
the request of either party.
11. INCREASE TO WAGES - PRODUCTIVITY GAINS
Pertaining to the rates listed in Tables 1-3, these rates are applicable to
Plumbing jobs $1,000,000 and greater (ex gst) and for National type building
companies (those with offices across several states). For jobs of less than
$1,000,000 employees employed on such projects, whether for a National
Builder or not will be paid the NSW Country rates as prescribed in Appendix 1.
Proof of such value will be provided to all parties by the employer if requested.
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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 8.2(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. 9. EMPLOYER AND EMPLOYEE DUTIES 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. 10. CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee shall meet as required with additional meetings being convened at the request of either party. 11. INCREASE TO WAGES - PRODUCTIVITY GAINS Pertaining to the rates listed in Tables 1-3, these rates are applicable to Plumbing jobs $1,000,000 and greater (ex gst) and for National type building companies (those with offices across several states). For jobs of less than $1,000,000 employees employed on such projects, whether for a National Builder or not will be paid the NSW Country rates as prescribed in Appendix 1. Proof of such value will be provided to all parties by the employer if requested. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 9 2019
In recognition of the productivity measures identified herein, the increases
payable under this agreement shall be available to all employees as follows:
(i) From the first full pay period after 1st July 2017- The rate of pay will be
as per Appendix 1 -Table 1
(ii) From the first full pay period after 1st July 2018 - The rate of pay will be
as per Appendix 1 -Table 2
(iii) From the first full pay period after 1st July 2019- The rate of pay will be
as per Appendix 1 -Table 3
12. PAYMENT OF WAGES
12.1 Wages due will be paid by electronic funds transfer into the employee's
nominated bank or other financial institution account. Wages will be paid
weekly and (subject only to Public Holiday delays) be available no later than
close of business on the Thursday following the end of the relevant pay period.
Employees will receive their pay slips on a weekly basis as soon as practicable
on or after pay-day.
12.2 An employee whose service is terminated shall, within a reasonable time
period, be paid the full amount of wages and accrued payments due, and paid
on the normal pay day.
12.3 Time and Wages Records
In accordance with statutory requirements, the Company shall keep or cause to
be kept a time and wages record for each employee. The employer will provide
access to these records to the employee if requested.
13. APPRENTICES
13.1 Apprentices are not covered by this agreement and engagement of
apprentices will be bound by all conditions as prescribed in the Plumbing and
Sprinkler Fitters Federal Award (MA000036).
14. TRAVEL ALLOWANCE
14.1 Employees will be entitled to a travel allowance in accordance with this clause
to compensate for travel patterns and costs peculiar to the industry which
include mobility/construction and related industries.
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In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: (i) From the first full pay period after 1st July 2017 - The rate of pay will be as per Appendix 1 - Table 1 (ii) From the first full pay period after 1st July 2018 - The rate of pay will be as per Appendix 1 - Table 2 (iii) From the first full pay period after 1st July 2019 - The rate of pay will be as per Appendix 1 - Table 3 12. PAYMENT OF WAGES 12.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. 12.2 An employee whose service is terminated shall, within a reasonable time period, be paid the full amount of wages and accrued payments due, and paid on the normal pay day. 12.3 Time and Wages Records In accordance with statutory requirements, the Company shall keep or cause to be kept a time and wages record for each employee. The employer will provide access to these records to the employee if requested. 13. APPRENTICES 13.1 Apprentices are not covered by this agreement and engagement of apprentices will be bound by all conditions as prescribed in the Plumbing and Sprinkler Fitters Federal Award (MA000036). 14. TRAVEL ALLOWANCE 14.1 Employees will be entitled to a travel allowance in accordance with this clause to compensate for travel patterns and costs peculiar to the industry which include mobility/construction and related industries. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 10 2019
14.2 Travel allowance will be in accordance with the charts contained at Appendix1.
The defined radius for the Travel Allowance is 50km from the point of
engagement of the employee.
14.3 An employee will be paid travel on RDOs. An employee will not be paid travel
on Productivity Leisure Days.
(a) The travelling time allowances are daily allowances where the employee
is required to:
(i) start or finish work at a job site;
(ii) start or finish work at the usual times; and
(iii) uses his/her own vehicle or uses public transport.
(b) Travel allowance
Subject to clauses 14.3(a) employees will be paid a travel allowance in
accordance with the figures shown in Appendix 1.
14.4 Transfer between job sites during working hours
(i) 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.
(ii) Where the employer requests an employee to use their own vehicle to
effect such a transfer, and the employee agrees to do so the employee
will be paid an allowance at the rate of $0.74 per kilometre.
14.5 Standard travelling time allowance
The standard travelling time component is an amount based on travel within a
defined radius set out in clause 7.1
14.6 Mileage allowance for travel beyond defined radius
(i) An employee entitled to the additional travelling time allowance beyond
the defined radius under subclause 7.1 and who uses their own vehicle
for such travel is to be paid an amount equivalent to $0.74 per kilometre
as reimbursement for the additional fuel costs incurred covering the
combined distance from the defined radius to the job site and return to the
defined radius.
An employee who lives close to the boundaries of the defined radius and who
is requested to travel beyond the defined radius can reach mutual agreement
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14.2 Travel allowance will be in accordance with the charts contained at Appendix1. The defined radius for the Travel Allowance is 50km from the point of engagement of the employee. 14.3 An employee will be paid travel on RDOs. An employee will not be paid travel on Productivity Leisure Days. (a) The travelling time allowances are daily allowances where the employee is required to: (i) start or finish work at a job site; (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. (b) Travel allowance Subject to clauses 14.3(a) employees will be paid a travel allowance in accordance with the figures shown in Appendix 1. 14.4 Transfer between job sites during working hours (i) 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. (ii) Where the employer requests an employee to use their own vehicle to effect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 14.5 Standard travelling time allowance The standard travelling time component is an amount based on travel within a defined radius set out in clause 7.1 14.6 Mileage allowance for travel beyond defined radius (i) An employee entitled to the additional travelling time allowance beyond the defined radius under subclause 7.1 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius. An employee who lives close to the boundaries of the defined radius and who is requested to travel beyond the defined radius can reach mutual agreement Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 11 2019
between the employer and employee for the excess travel allowance not to be
paid on fair and reasonable grounds that the employee is not travelling further
than what would be considered a normal days travel to a job site within the
defined radius.
15. SITE ALLOWANCE
Site allowance will apply as per pay rates prescribed in Appendix 1.
16. OTHER ALLOWANCES
16.1 Employee acting on welding certificate
An employee who is requested by the employer to hold the relevant
qualifications required by the various State Government bodies, or other
relevant authorities for pressure oxy-acetylene or electric welding, either
manual or machine welding, and is required by the employer to act on such
qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and
46 cents per hour for electric welding for every hour of employment whether or
not the employee has in any hour performed work relevant to those
qualifications held.
16.2 Meals when working overtime
Meals when working overtime will be paid as per the Award.
16.3 Leading hand allowance:
1-10 employees = $35 per week.
1 0 + employees = $55 per week.
16.4 Multi-storey work
Multi-storey Allowance will be paid as per the Award.
16.5 Hot Work
(a) An employee who works in a place where the temperature has been
raised by artificial means to between 46 and 54 degrees Celsius will be
paid an additional $0.54 or part thereof; with an additional $0.67 or part
thereof, where the temperature exceeds 54 degrees Celsius.
(b) Where such work continues for more than two hours, the employee will
be entitled to 20 minutes rest after every two hours work without loss of
pay, not including the special rate provided for in clause 16.9.1
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between the employer and employee for the excess travel allowance not to be paid on fair and reasonable grounds that the employee is not travelling further than what would be considered a normal days travel to a job site within the defined radius. 15. SITE ALLOWANCE Site allowance will apply as per pay rates prescribed in Appendix 1. 16. OTHER ALLOWANCES 16.1 Employee acting on welding certificate An employee who is requested by the employer to hold the relevant qualifications required by the various State Government bodies, or other relevant authorities for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by the employer to act on such qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and 46 cents per hour for electric welding for every hour of employment whether or not the employee has in any hour performed work relevant to those qualifications held. 16.2 Meals when working overtime Meals when working overtime will be paid as per the Award. 16.3 Leading hand allowance: 1-10 employees = $35 per week. 10 + employees = $55 per week. 16.4 Multi-storey work Multi-storey Allowance will be paid as per the Award. 16.5 Hot Work (a) An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius will be paid an additional $0.54 or part thereof; with an additional $0.67 or part thereof, where the temperature exceeds 54 degrees Celsius. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.9.1 Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 12 2019
16.6 Cold Work
(a) An employee who works in a place where the temperature is lowered by
artificial means to less than 0 degrees Celsius will be paid an additional
$0.54 per hour.
(b) Where such work continues for more than two hours, the employee will be
entitled to 20 minutes rest after every two hours work without loss of pay,
not including the special rate provided for in clause 16.1 0.1.
17. LIVING AWAY FROM HOME- DISTANT WORK
17.1 Qualification
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.
17.2 Employee's address
At the time of engagement, the employee will provide, on the employer's
request, details of their usual place of residence, being:
(a) The address of the place of residence at the time of application; and
(b) The address of a separately maintained residence, if applicable.
(c) 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.
17.3 Entitlement
Where an employee qualifies under 17.1 the employer will either:
(a) provide the employee with reasonable board and lodging to a standard of
no less than 3 star accommodation, with two meals daily, being breakfast
and dinner, and an out of pocket allowance of $20.00 per day, or
(b) Pay an accommodation allowance of $100.00 per day, and an out of
pocket allowance of $20.00 per day, 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 clause 17.3
(a).
17.4 Travelling expenses
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16.6 Cold Work (a) An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius will be paid an additional $0.54 per hour. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.10.1. 17. LIVING AWAY FROM HOME - DISTANT WORK 17.1 Qualification 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. 17.2 Employee's address At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) 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. 17.3 Entitlement Where an employee qualifies under 17.1 the employer will either: (a) provide the employee with reasonable board and lodging to a standard of no less than 3 star accommodation, with two meals daily, being breakfast and dinner, and an out of pocket allowance of $20.00 per day, or (b) Pay an accommodation allowance of $100.00 per day, and an out of pocket allowance of $20.00 per day, 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 clause 17.3 (a). 17.4 Travelling expenses Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 13
An employee who is sent by the employer or selected or engaged by an
employer or agent of the employer to go to a job which qualifies them to the
provision of this clause will not be entitled to any of the allowances prescribed
by clause 14 - Travel, for the period occupied in travelling from their usual
place of residence to the distant job, but in lieu thereof will be paid:
(a) Forward journey
• 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).
• 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.
• For any meals incurred while travelling at $10.97 per meal. 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
• An employee will, for the return journey, receive the same time,
fares, and meal payments as provided in 17(4d) (a) above,
together with an amount of $17.24 to cover the cost of transport
from the main public transport terminal to their usual place of
residence.
• 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
whatever reason within one working week of commencing on the
job, or is dismissed for misconduct.
• Departure point- 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.
17.5 Daily Travel allowance
An employee engaged on a job which qualifies them to the provisions of this
clause and who are required to reside elsewhere than on the site (or adjacent
to the site and supplied with transport) will be paid the travel allowance
prescribed by clause 14- Travel.
17.6 Week-end return home
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An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 14 - Travel, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: (a) Forward journey 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). 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. For any meals incurred while travelling at $10.97 per meal. 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 An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 17(4d) (a) above, together with an amount of $17.24 to cover the cost of transport from the main public transport terminal to their usual place of residence. 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 whatever reason within one working week of commencing on the job, or is dismissed for misconduct. Departure point- 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. 17.5 Daily Travel allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 14 - Travel. 17.6 Week-end return home Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 14 2019
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.
17.7 Construction camps
(a) Camp and caravan accommodation
Where an employee is engaged on the construction of projects which are
located in areas where reasonable board and lodging is not available or
where the size of the workforce is in excess of the available
accommodation or where continuous concrete pour requirements of the
project or the working of shifts necessitate camp accommodation and
where, because of these circumstances, it is necessary to house the
employees in a camp or caravan accommodation the employer must
reimburse all costs associated with the employee arranging and providing
such camp or caravan accommodation.
This clause will not apply where the employer provides appropriate camp or
caravan accommodation.
(b) Camping allowance
An employee living in a construction camp or caravan accommodation
where free messing is not provided will receive a camping allowance of
$144.16 for every complete week the employee is available for work. If
required to be in camp for less than a complete week the employee will
be paid $20.67 per day including any Saturday or Sunday if the employee
is in camp and available for work on the working day immediately
preceding and succeeding each Saturday or Sunday. If an employee is
absent without the employer's approval on any day, the allowance will not
be payable for that day and if such unauthorised absence occurs on the
working day immediately preceding or succeeding a Saturday or Sunday,
the allowance will not be payable for the Saturday or Sunday.
(c) Camp meal charges
Where a charge is made for meals in a construction camp, such charge
will be fixed by agreement between the parties.
17.8 Rest and recreation
(a) Rail or road travel
(i) An employee, who proceeds to a job which qualifies for the
provisions of this subclause, may, after two months continuous
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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. 17.7 Construction camps (a) Camp and caravan accommodation Where an employee is engaged on the construction of projects which are located in areas where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp or caravan accommodation the employer must reimburse all costs associated with the employee arranging and providing such camp or caravan accommodation. This clause will not apply where the employer provides appropriate camp or caravan accommodation. (b) Camping allowance An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $144.16 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.67 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer's approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. (c) Camp meal charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 17.8 Rest and recreation (a) Rail or road travel (i) An employee, who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 15 2019
service and thereafter at three monthly periods of continuous
service 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.
(ii) The entitlement under 17.8.(i) 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).
(b) Variable return home
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.
(c) No payment for unused fares
Payment of fares and leave without pay as provided for in this subclause
will not be made unless availed of by the employee.
(d) Flexible rostered day off
If the employer and employee so agree in writing, the paid rostered day
off as prescribed in clause 24- Ordinary Hours of work, may be taken,
and paid for, in conjunction with and additional to rest and recreation
leave as prescribed in 17.8, or at the end of the project, or on
termination whichever comes first.
17.9 Termination
An employee will be entitled to notice of termination in sufficient time to arrange
suitable transport at termination or will be paid as if employed up to the end of
the ordinary working day before transport is available.
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service and thereafter at three monthly periods of continuous service 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. (ii) The entitlement under 17.8.(i) 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). (b) Variable return home 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. (c) No payment for unused fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. (d) Flexible rostered day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 24 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 17.8, or at the end of the project, or on termination whichever comes first. 17.9 Termination 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. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 16 2019
18. SUPERANNUATION
18.1 The level of contributions paid on behalf of each employee will be in
accordance with the table contained at Appendix I.
18.2 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days,
travel allowances and all allowances specifically covered by the
Superannuation Guarantee Charge (SGC)
18.3 The default Superannuation Fund will be CBUS.
18.4 If at any time during the life of this Agreement the Superannuation Guarantee
Charge (SGC) increases beyond 9.5%, then any increase will be applicable
under this Agreement. Provided that at all times during the life of this
Agreement the minimum SGC percentage will be 9.5%.
18.5 Subject to the Trust Deed of the Fund of which an employee is a member, the
following provisions will apply:
(a) Paid Leave
Contributions will continue whilst an employee is absent on paid annual
leave, sick leave, long service leave, public holidays, jury service,
bereavement leave, or other paid leave.
(b) Unpaid Leave
Contributions will not be required in respect of any period of absence
from work without pay of one day or more.
18.6 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 contribution rates provided for in Clause 19.2 and
19.4 above do not limit an enterprise's liability under the SGC.
18.7 All Superannuation contributions under this Agreement will be paid monthly as
required by the Trust Deed.
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18. SUPERANNUATION 18.1 The level of contributions paid on behalf of each employee will be in accordance with the table contained at Appendix I. 18.2 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, travel allowances and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 18.3 The default Superannuation Fund will be CBUS. 18.4 If at any time during the life of this Agreement the Superannuation Guarantee Charge (SGC) increases beyond 9.5%, then any increase will be applicable under this Agreement. Provided that at all times during the life of this Agreement the minimum SGC percentage will be 9.5%. 18.5 Subject to the Trust Deed of the Fund of which an employee is a member, the following provisions will apply: (a) Paid Leave Contributions will continue whilst an employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave. (b) Unpaid Leave Contributions will not be required in respect of any period of absence from work without pay of one day or more. 18.6 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 contribution rates provided for in Clause 19.2 and 19.4 above do not limit an enterprise's liability under the SGC. 18.7 All Superannuation contributions under this Agreement will be paid monthly as required by the Trust Deed. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 17 2019
19. TERMINATION OF EMPLOYMENT
19.1 Notice of termination is provided for in the NES. The notice provisions of the
NES do not apply to a daily hire employee working in the building and
construction industry.
19.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as
that required of an employer, except that there is no requirement on the
employee to give additional notice based on the age of the employee
concerned. If an employee fails to give the required notice the employer may
withhold from any monies due to the employee on termination under this award
or the NES, an amount not exceeding the amount the employee would have
been paid under this award in respect of the period of notice required by this
clause less any period of notice actually given by the employee.
20. INDUSTRY SPECIFIC REDUNDANCY SCHEME
20.1 The following redundancy clause for the Plumbing and Fire Sprinklers
contracting industry is an industry specific redundancy scheme as defined in
s.12 of the Act. In accordance with s.123 (4) (b) of the Act the provisions of
Subdivision B-Redundancy pay of Division 11 of the NES do not apply to
employers and employees covered by this agreement. The employer will
participate in the ACIRT Redundancy Scheme or other equivalent Redundancy
Scheme/Fund as agreed between the employer and employees and make
contributions to the Scheme in accordance with this clause for each tradesman
employee.
20.2 Definition
For the purposes of this clause, redundancy means a situation where an
employee ceases to be employed by an employer other than for reasons of
misconduct or refusal of duty. Redundant has a corresponding meaning.
20.3 Redundancy pay
(a) A redundant employee will receive redundancy/severance payments in
respect of all continuous service with the employer, calculated as follows:
Period of continuous service
Redundancy/Severance Pay
with an employer
2.4 weeks' pay plus, for all service
1 year or more but less than 2 in excess of 1 year, 1.75 hours pay
Years per completed week of service up
to a maximum of 4.8 weeks' pay
2 years or more but less than 3 4.8 weeks' pay plus, for all service
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19. TERMINATION OF EMPLOYMENT 19.1 Notice of termination is provided for in the NES. The notice provisions of the NES do not apply to a daily hire employee working in the building and construction industry. 19.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee. 20 INDUSTRY SPECIFIC REDUNDANCY SCHEME 20.1 The following redundancy clause for the Plumbing and Fire Sprinklers contracting industry is an industry specific redundancy scheme as defined in s. 12 of the Act. In accordance with s. 123 (4) (b) of the Act the provisions of Subdivision B-Redundancy pay of Division 11 of the NES do not apply to employers and employees covered by this agreement. The employer will participate in the ACIRT Redundancy Scheme or other equivalent Redundancy Scheme/Fund as agreed between the employer and employees and make contributions to the Scheme in accordance with this clause for each tradesman employee. 20.2 Definition For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. 20.3 Redundancy pay (a) A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 2 years or more but less than 3 4.8 weeks' pay plus, for all service Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 18 2019
Years in 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 excess of 3 years, 0.73 hours pay
Years per completed week of service up
to a maximum of 8 weeks' pay
4 years or more 8 weeks' pay
(b) Provided that an employee employed for less than 12 months will be
entitled to a redundancy/severance payment of 1.75 hours per week of
service if, and only if, redundancy is occasioned otherwise than by the
employee.
(c) Week's pay means the ordinary time rate of pay at the time of termination
for the employee concerned.
(d) 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.
(e) Any period of service as a casual will not entitle an employee to accrue
service in accordance with this clause for that period.
(f) 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 12 months.
(g) Contributions paid by the employer under this clause will be paid in
accordance with the requirements of the Scheme's trust deed.
(h) Upon termination the employee will, depending on the Scheme's trust
deed, be paid directly by the Scheme.
(i) For the purpose of meeting its obligations under this clause the employer
will make the contributions set out in clause 20 above on a monthly basis
in respect of each employee covered by this Agreement to the Scheme.
U) Where an employee is entitled to a payment by the Scheme under clause
20 and an entitlement under the provisions of this clause would be
greater then the employee will receive the difference between the amount
due under clause 20 and the amount due under this clause, but not both.
(k) The amount of the contribution by the Employer per Employee per week
will be as per Appendix 1. The amount of the contribution by the
Employer per Supervisor (level 2) will be $300.00 per week.
20.4 Redundancy pay schemes
(a) Where an employer terminates the employment of an employee and the
employer incurs a redundancy pay obligation to the employee under this
clause, some or all of the benefit the employee receives from a
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Years in 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 excess of 3 years, 0.73 hours pay Years per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay (b) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (c) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. (d) 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. (e) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (f) 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 12 months. (g) Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. (h) Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. (i) For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 20 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (j) Where an employee is entitled to a payment by the Scheme under clause 20 and an entitlement under the provisions of this clause would be greater then the employee will receive the difference between the amount due under clause 20 and the amount due under this clause, but not both. (k) The amount of the contribution by the Employer per Employee per week will be as per Appendix 1. The amount of the contribution by the Employer per Supervisor (level 2) will be $300.00 per week. 20.4 Redundancy pay schemes (a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 19 2019
redundancy pay fund may be set off against the employer's redundancy
pay obligation under this clause, subject to the following conditions.
(b) If the employee receives a benefit from the redundancy pay fund, the
employer may set off any proportion of the benefit which is attributable to
the employer's contribution to the fund against its redundancy pay
obligation under this clause. If the proportion so calculated is equal to or
greater than the employer's redundancy pay obligation under this clause
the obligation will be fully satisfied.
(c) If the employee does not receive a benefit from the redundancy pay
scheme, contributions made by an employer on behalf of an employee to
the scheme will, to the extent of those contributions, be set off against the
liability of the employer under this clause and payments to the employee
will be made in accordance with the rules of the redundancy pay scheme
fund or any agreement relating thereto. If the contribution is equal to or
greater than the employer's redundancy pay obligation under this clause
the obligation will be fully satisfied.
The redundancy pay scheme must be an Approved Worker Entitlement Fund
under the Fringe Benefits Tax Regulations 1992.
20.5 Employee leaving during notice period
An employee whose employment is to be terminated in accordance with this
clause may terminate their employment during the period of notice and if this
occurs, will be entitled to the provisions of this clause as if the employee
remains with the employer until expiry of such notice. Provided that in such
circumstances, the employee will not be entitled to payment instead of notice.
20.6 Transfer of business
Where a business is, before or after the date of this award, transferred from an
employer (in this subclause called the old employer) to another employer (in
this subclause called the new employer) and an employee who at the time of
such transfer was an employee of the old employer in that business becomes
an employee of the new employer:
(a) the continuity of the employment of the employee will be deemed not to
have been broken by reason of such transfer; and
(b) the period of employment which the employee has had with the old
employer or any prior old employer will be deemed to be service of the
employee with the new employer.
In this subclause, business includes trade, process, business or occupation
and includes part of any such business and transfer includes transfer,
conveyance, assignment or succession whether by agreement or by operation
of law. Transferred has a corresponding meaning.
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redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions. (b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Regulations 1992. 20.5 Employee leaving during notice period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 20.6 Transfer of business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and (b) the period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 20 2019
21. STATUTORY MATTERS COVERED BY STATE LEGISLATION
The following NSW State Acts and the regulations, as amended, where
relevant and provided they are not in conflict with the requirements of the
Workplace Relations Act 1996, as amended, will set the minimum terms insofar
as they relate to matters that are under the provisions of the relevant Act and
pertain to the Company and employees bound by this Agreement:-
• Long Service leave Act 1955;
• Building and Construction Industry Long Service Payments Act 1986;
• Workplace Injury Management and Compensation Act 1998; and
• WHSAct2011.
Where an employee is eligible, the employer will register an employee with the
Building and Construction Industry Long Service Payments Corporation within
4 weeks of commencement of his/her employment.
If at any time during the life of the agreement any new legislation is enacted it
will be deemed to cover this agreement.
22. TOP-UP WORKERS COMPENSATION I 24 HOUR ACCIDENT AND
SICKNESS INSURANCE
The Employer recognises the importance of providing income security for
employees and their families in the event of unforeseen circumstances
occurring. In this regard the Company will, as part of this Agreement take out a
Top Up, 24 hr accident and sickness insurance with Marsh Pty Ltd for all
employees other than casuals. This policy will contain provisions that allow
approved benefits to be paid within 14 days resulting from an accident or
sickness, and within 30 days resulting from an amateur sporting injury. The
maximum cost to the Company will not exceed $14.75 per week.
23. ORDINARY HOURS OF WORK
23.1 Except as provided elsewhere in this agreement, the average ordinary working
hours will be 38 per week worked in accordance with the following provisions
for a four week work cycle:
(a) 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 6.00 a.m. and 6.00 p.m., with 0.4 of one hour
on each day worked accruing as an entitlement to take a rostered day off
(ROO) in each cycle paid as though worked. With an additional 0.4 of an
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21. STATUTORY MATTERS COVERED BY STATE LEGISLATION The following NSW State Acts and the regulations, as amended, where relevant and provided they are not in conflict with the requirements of the Workplace Relations Act 1996, as amended, will set the minimum terms insofar as they relate to matters that are under the provisions of the relevant Act and pertain to the Company and employees bound by this Agreement :- Long Service leave Act 1955; . . . . Building and Construction Industry Long Service Payments Act 1986; Workplace Injury Management and Compensation Act 1998; and WHS Act 2011. Where an employee is eligible, the employer will register an employee with the Building and Construction Industry Long Service Payments Corporation within 4 weeks of commencement of his/her employment. If at any time during the life of the agreement any new legislation is enacted it will be deemed to cover this agreement. 22. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Company will, as part of this Agreement take out a Top Up, 24 hr accident and sickness insurance with Marsh Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the Company will not exceed $14.75 per week. 23. ORDINARY HOURS OF WORK 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 38 per week worked in accordance with the following provisions for a four week work cycle: (a) 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 6.00 a.m. and 6.00 p.m ., with 0.4 of one hour on each day worked accruing as an entitlement to take a rostered day off (RDO) in each cycle paid as though worked. With an additional 0.4 of an Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 21 2019
hour on each day worked accruing as an entitlement to a paid leisure day
(PLD).
a. This time will accrue as follows:
(i) Sydney - 0.8 hours (48 minutes) accrued per day worked or per
day of paid leave taken;
(ii) Other geographical areas - Wollongong, Central Coast,
Newcastle, NSW Country areas and apprentices; 0.4 hours (24
minutes) accrued per day worked or per day of paid leave taken.
(iii) An employee is not entitled to accrue the time provided for in
23.1 (a) whilst on an RDO or PLD.
23.2 Clearing of Rostered Days Off (RDO) and Paid Leisure Days (PLD)
(a) The RDO Calendars for 2017, 2018 & 2019 are pertained in Appendix
3 of this agreement.
(b) While the schedule of ROO's prescribed will be observed, the employer
and employee/employees may; too increase productivity and meet
scheduled work arrangements alter the scheduled days mentioned in
Appendix 3 to meet such work requirements.
(c) The Calendars for 2017, 2018 & 2019 are in draft form only and may
be subject to change as mentioned in 23.2(b)
(d) If on commencement of Employment an employee does not have
enough RDO/PLD leave accrued to obtain full payment for the next
rostered day off, only partial payment may be made from accruals.
(e) Termination of employment
On termination, the employer must pay an employee all unused
accruals that the employee has accrued under this clause, including
the travel component for ROO's.
23.3 Early start
By agreement between the employer and employees, the working day may
begin at 6.00 am. Or at any other time between that hour and 8.00 a.m. and
the working time will then begin to run from the time so fixed, with a
consequential adjustment to the meal break.
23.4 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.
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hour on each day worked accruing as an entitlement to a paid leisure day (PLD). a. This time will accrue as follows: (i) Sydney - 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; (ii) Other geographical areas - Wollongong, Central Coast, Newcastle, NSW Country areas and apprentices; 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken. (iii) An employee is not entitled to accrue the time provided for in 23.1(a) whilst on an RDO or PLD. 23.2 Clearing of Rostered Days Off (RDO) and Paid Leisure Days (PLD) (a) The RDO Calendars for 2017, 2018 & 2019 are pertained in Appendix 3 of this agreement. (b) While the schedule of RDO's prescribed will be observed, the employer and employee/employees may; too increase productivity and meet scheduled work arrangements alter the scheduled days mentioned in Appendix 3 to meet such work requirements. (c) The Calendars for 2017, 2018 & 2019 are in draft form only and may be subject to change as mentioned in 23.2(b) (d) If on commencement of Employment an employee does not have enough RDO/PLD leave accrued to obtain full payment for the next rostered day off, only partial payment may be made from accruals. (e) Termination of employment On termination, the employer must pay an employee all unused accruals that the employee has accrued under this clause, including the travel component for RDO's. 23.3 Early start By agreement between the employer and employees, the working day may begin at 6.00 am. Or at any other time between that hour and 8.00 a.m. and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break. 23.4 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. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 22 2019
24. WORK BREAKS
24.1 Meal breaks
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 at a time that meets the needs of each particular project.
Employees will not be required to work more than 5 hours without a rest break.
24.2 Variation of meal breaks
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.
24.3 Daily rest breaks
There will be allowed, without deduction of pay, a rest period of 10 minutes
between 9.00 am and 11 00 am.
24.4 Overtime rest breaks
(a) Where an employee is required to work overtime after the usual ceasing
time, for that day, of 2 hours, the employee will be allowed to take,
without deduction of pay, a rest break of 20 minutes immediately after
the cessation of the two hours overtime, also, after each four hours of
continuous work, the employee will be allowed to take, without deduction
of pay, a rest break of 30 minutes in duration.
(b) For the purpose of this clause usual ceasing time is at the end of ordinary
hours inclusive of time worked for accrual purposes as prescribed in
clause 23.1 (a)- Ordinary Hours of Work.
(c) Where an agreement is reached pursuant to clause 24.2, the agreement
may make provision for the variation of work breaks to suit the
arrangement of hours of work.
25. OVERTIME
25.1 Overtime generally
(a) All time worked beyond the ordinary hours of work as prescribed in clause
23 - Ordinary Hours of work, inclusive of time worked for accrual
purposes as prescribed will be paid for at the rate of one and a half times
ordinary rate for the first two hours and double time thereafter.
(b) Call-back
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24 WORK BREAKS 24.1 Meal breaks 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 at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. 24.2 Variation of meal breaks 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. 24.3 Daily rest breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. 24.4 Overtime rest breaks (a) Where an employee is required to work overtime after the usual ceasing time, for that day, of 2 hours, the employee will be allowed to take, without deduction of pay, a rest break of 20 minutes immediately after the cessation of the two hours overtime, also, after each four hours of continuous work, the employee will be allowed to take, without deduction of pay, a rest break of 30 minutes in duration. (b) For the purpose of this clause usual ceasing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 23.1(a)- Ordinary Hours of Work. (c) Where an agreement is reached pursuant to clause 24.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work. 25. OVERTIME 25.1 Overtime generally (a) All time worked beyond the ordinary hours of work as prescribed in clause 23 - Ordinary Hours of work, inclusive of time worked for accrual purposes as prescribed will be paid for at the rate of one and a half times ordinary rate for the first two hours and double time thereafter. (b) Call-back Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 23
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 two hours work at the appropriate rates for
each time the employee is so recalled. Except in the case of unforeseen
circumstances the employee will not be required to work the full two hours
if the job or jobs the employee was recalled to perform is completed
within a shorter period. 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 this clause will not
apply. In addition:
This sub-clause 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.
(c) Working during meal break
If the employer requires an employee to work through their normal meal
break the employee will be paid at the rate of double time until the
employee is allowed to take such a break. Where the meal break is
shortened by agreement, the employer will pay for the period by which
the meal break is shortened, which will then form part of ordinary time
hours.
(d) Transport after overtime or holiday work
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 when 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.
25.2 Breaks between working days
An employee who 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 ten consecutive hours off duty
between those times, or on a Saturday, Sunday or Holiday without having had
ten 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 ten consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence.
(a) If, on the instructions of the employer, such an employee resumes or
continues work without having had such ten consecutive hours off duty
the employee will be paid at double rates until the employee is released
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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 two hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances the employee will not be required to work the full two hours if the job or jobs the employee was recalled to perform is completed within a shorter period. 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 this clause will not apply. In addition: This sub-clause 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. (c) Working during meal break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. (d) Transport after overtime or holiday work 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 when 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. 25.2 Breaks between working days An employee who 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 ten consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had ten 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 ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (a) If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 24 2019
from duty for such period and the employee will then be entitled to be
absent until the employee has had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
(b) 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 twelve hours.
26. WEEKEND WORK
26.1 All time worked on a Saturday or Sunday will be paid for at double time.
26.2 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. Provided that on urgent service work an employee will be paid in
accordance with 25.1 (a)
26.3 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.
26.4 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.
27. NIGHT SHIFT
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:
27.1 No employee who is employed during the ordinary hours will be employed on
night shift except on overtime rates or vice-versa.
27.2 Reasonable time will be allowed for a meal or meals during such shift.
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from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (b) 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 twelve hours. 26. WEEKEND WORK 26.1 All time worked on a Saturday or Sunday will be paid for at double time. 26.2 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. Provided that on urgent service work an employee will be paid in accordance with 25.1(a) 26.3 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. 26.4 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. 27. NIGHT SHIFT 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: 27.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 27.2 Reasonable time will be allowed for a meal or meals during such shift. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 25 2019
27.3 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.
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 entitlement will be in accordance with
Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the
appropriate shift rate as prescribed by this clause and the appropriate
allowance under clause 14- travel.
27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will
accrue an additional 0.4 hours for each 8 hour shift worked that will accrue as
a PLD entitlement in accordance with Clause 23- Ordinary Hours of work.
27.5 Paid leave taken during any cycle of four weeks and public holidays as
prescribed by clause 29 - Public holidays and holiday work will be regarded as
shifts worked for accrual purposes.
27.6 Except as provided above, employees not working a complete four week cycle
will be paid accrued pro rata entitlement for each shift worked on a
programmed shift off or, in the case of termination of employment on
termination.
27.7 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.
27.8 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 25.1 (a).
27.9 An employee employed for less than five continuous shifts in any working week
will be paid in accordance with clause 25 - Overtime, and clause 26 - Weekend
Work. 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.
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27.3 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. 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 entitlement will be in accordance with Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 14- travel. 27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will accrue an additional 0.4 hours for each 8 hour shift worked that will accrue as a PLD entitlement in accordance with Clause 23 - Ordinary Hours of work. 27.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 29 - Public holidays and holiday work will be regarded as shifts worked for accrual purposes. 27.6 Except as provided above, employees not working a complete four week cycle will be paid accrued pro rata entitlement for each shift worked on a programmed shift off or, in the case of termination of employment on termination. 27.7 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. 27.8 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 25.1(a). 27.9 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 25 - Overtime, and clause 26 - Weekend Work. 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. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 26 2019
27.10 The rate of pay for night shift will be time and one third (133%).
27.11 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 23 -Ordinary Hours of work and Clause 29 -
Annual Leave apply to employees working shift work provided that the starting
time for ordinary night shift hours will not be before 3.00pm.
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
when 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.
28. PUBLIC HOLIDAYS AND HOLIDAY WORK
An employee will be entitled to the following holidays without deduction of pay:
New Years' Day Anzac Day
Australia Day Queen's Birthday
Good Friday Labour Day
Easter Saturday Christmas Day
Easter Monday Boxing Day
Any State Act or State declared substitute days or additional days as observed
in the particular state or locality. Where the business is situated near a state or
territory border and the employer's operations traverse the border, the
employer may elect to follow a particular state or territory's public holidays,
subject to agreement with the affected employees.
28.1 When public holidays fall on a weekend
(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be
observed on 27 December.
(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be
observed on 28 December.
(c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday
in lieu will be observed on the following Monday.
(d) By agreement between an employer and the majority of employees other
days may be substituted for the days prescribed in Clause 29.
28.2 Termination
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27.10 The rate of pay for night shift will be time and one third (133%). 27.11 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 23 -Ordinary Hours of work and Clause 29 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. 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 when 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. 28. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay: New Years' Day Anzac Day Australia Day Queen's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day Any State Act or State declared substitute days or additional days as observed in the particular state or locality. Where the business is situated near a state or territory border and the employer's operations traverse the border, the employer may elect to follow a particular state or territory's public holidays, subject to agreement with the affected employees. 28.1 When public holidays fall on a weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. (d) By agreement between an employer and the majority of employees other days may be substituted for the days prescribed in Clause 29. 28.2 Termination Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 27 2019
(a) If the employer terminates the employment of an employee (except for
reasons of misconduct or incompetency) the employer will pay the
employee a day's ordinary wages for each holiday or each holiday in a
group which falls within ten consecutive calendar days after the day of
termination.
(b) Where any two or more of the holidays prescribed in this clause occur
within a seven day span, such holiday will be a group of holidays. If the
first day of the group of holidays falls within ten consecutive calendar
days after termination, the whole group will be deemed to fall within the
ten consecutive calendar days. Christmas Day, Boxing Day and New
Year's Day will be regarded as a group.
(c) No employee will be entitled to receive payment from more than one
employer in respect to the same public holiday or groups of holidays.
28.3 Family Day
(a) All 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 and a half and paid for not less than four hours' work. Proof of
attendance at the picnic day may by requested from the Employee to
entitle him/her to payment for the Family Picnic Day.
(b) Any employee required to work on this day will be paid at the rate of
double time and a half; provided that an employee who attends for work
as required on this day will be paid for not less than four hours work.
28.4 Absence before/after a holiday
An employee who, without permission or reasonable cause, fails to attend for
work on the working days before or after a holiday will not be entitled to be paid
for such holiday.
28.5 Payment for working on a Public holiday
An employee who works on any of the public holidays or substitute days
prescribed in this clause, will be paid at the rate of double time and a half for all
time worked. An employee required to perform any work on a public holiday will
be afforded at least four hours work or paid for four hours at the appropriate
rate.
29. ANNUAL LEAVE
29.1 The provision of annual leave under this agreement shall be in accordance
with the National Employment Standards (NES).
29.2 Period of leave
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(a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 28.3 Family Day (a) All 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 and a half and paid for not less than four hours' work. Proof of attendance at the picnic day may by requested from the Employee to entitle him/her to payment for the Family Picnic Day. (b) Any employee required to work on this day will be paid at the rate of double time and a half; provided that an employee who attends for work as required on this day will be paid for not less than four hours work. 28.4 Absence before/after a holiday An employee who, without permission or reasonable cause, fails to attend for work on the working days before or after a holiday will not be entitled to be paid for such holiday. 28.5 Payment for working on a Public holiday An employee who works on any of the public holidays or substitute days prescribed in this clause, will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours work or paid for four hours at the appropriate rate. 29. ANNUAL LEAVE 29.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 29.2 Period of leave Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 28 2019
a) An employee (other than a casual employee) is entitled to four weeks of
paid annual leave for each year of service with the employer. An
employee's entitlement to annual leave accrues on a continuous basis
according to the number of ordinary hours worked.
b) Continuous Shift Workers will be entitled to five weeks of paid annual leave,
in accordance with the NES.
c) Where a rostered day off, as prescribed by clause 23 - Ordinary Hours of
Work falls, during the period annual leave is taken, payment of accrued
entitlements for such day will be made in addition to annual leave payments
prescribed in 29.6.
29.2 Method of taking leave
(a) Either 28 consecutive days, or two separate periods of not less than
seven consecutive days in all cases exclusive of any public holidays will
be given and taken within six months from the date when the right to
annual leave accrued. The employer and employee will seek to reach
agreement on the taking of annual leave at a mutually convenient time(s).
(b) Where an employee requests that leave be allowed in one continuous
period such request will not be unreasonably refused.
(c) In the circumstances where a public holiday falls within one day of a
weekend or another public holiday the provisions of 29.2(a) may be
altered by agreement between the employer and a majority of employees
affected under this Agreement to provide that a day of annual leave
entitlement may be granted on the day between the said public holidays
and/or weekend if an employee, or employer, requests it.
29.3 Leave allowed before due date
(a) An employer may allow an employee to take any amount of annual leave
before it becomes due. In such circumstances an employee cannot take
further leave in advance of their accrued balance until after the date the
employee becomes entitled to the leave that was taken in advance.
(b) Where an employer has allowed an employee to take annual leave
pursuant to 29.2(a) and the employee's services are terminated (for any
reason) prior to the date the employee becomes entitled to the leave that
was taken in advance, the employer may, for each complete week of the
qualifying period of service not served by the employee, deduct from
whatever remuneration is payable upon the termination of employment
one-fifty second of the amount of wages paid on account of annual leave.
29.4 Payment for annual leave on termination
(a) Rate of pay
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a) An employee (other than a casual employee) is entitled to four weeks of paid annual leave for each year of service with the employer. An employee's entitlement to annual leave accrues on a continuous basis according to the number of ordinary hours worked. b) Continuous Shift Workers will be entitled to five weeks of paid annual leave, in accordance with the NES. c) Where a rostered day off, as prescribed by clause 23 - Ordinary Hours of Work falls, during the period annual leave is taken, payment of accrued entitlements for such day will be made in addition to annual leave payments prescribed in 29.6 29.2 Method of taking leave (a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays will be given and taken within six months from the date when the right to annual leave accrued. The employer and employee will seek to reach agreement on the taking of annual leave at a mutually convenient time(s). (b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of 29.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it. 29.3 Leave allowed before due date (a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot take further leave in advance of their accrued balance until after the date the employee becomes entitled to the leave that was taken in advance. (b) Where an employer has allowed an employee to take annual leave pursuant to 29.2(a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one-fifty second of the amount of wages paid on account of annual leave. 29.4 Payment for annual leave on termination (a) Rate of pay Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 29 2019
Where an employee, who has given five working days or more continuous
service (including an ROO but excluding overtime), leaves or their
employment is terminated, the employee will be paid their accrued
balance of annual leave.
(b) Annual leave loading
In addition the employee will receive a loading of 17.5% calculated on the
rates, prescribed by Appendix 1.
29.5 Payment for periods of leave
(a) Payment in advance
An employee, before going on annual leave, will be paid in advance at
their current weekly wage rate (including leading hand allowance, if
applicable) for the period of annual leave or each week on an ongoing
basis as agreed with their employer.
(b) Annual leave loading
In addition, during a period of annual leave an employee will receive a
loading of 17.5 percent calculated on the hourly rate in Appendix I
29.6 Annual close down
Despite anything contained in this agreement an employer giving any leave in
conjunction with the Christmas- New Year holidays may either:
(i) Stand off without pay during the period of leave any employee who has
not yet qualified under 29.1, or
(ii) Where the employer decides to close down an establishment at the
Christmas - New Year period for the purpose of giving the whole of the
annual leave due to all, or the majority of employees qualified for such
leave, the employee will give at least two months' notice to employees of
their intention so to do.
29.7 Commencement of leave - distant jobs
If an employee is still engaged on a distant job when annual leave is granted
and the employee returns to the place of engagement, or, if employed prior to
going to the distant job, the place regarded as their headquarters, by the first
reasonable means of transport, their annual leave will commence on the first
full working day following their return to such place of engagement or
headquarters as the case may be.
30. PERSONAL LEAVE
30.1 The provisions of personal leave under this agreement shall be in accordance
with the National Employment Standards (NES).
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Where an employee, who has given five working days or more continuous service (including an RDO but excluding overtime), leaves or their employment is terminated, the employee will be paid their accrued balance of annual leave. (b) Annual leave loading In addition the employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix 1. 29.5 Payment for periods of leave (a) Payment in advance An employee, before going on annual leave, will be paid in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave or each week on an ongoing basis as agreed with their employer. (b) Annual leave loading In addition, during a period of annual leave an employee will receive a loading of 17.5 percent calculated on the hourly rate in Appendix I 29.6 Annual close down Despite anything contained in this agreement an employer giving any leave in conjunction with the Christmas - New Year holidays may either: (i) Stand off without pay during the period of leave any employee who has not yet qualified under 29.1, or (ii) Where the employer decides to close down an establishment at the Christmas - New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of employees qualified for such leave, the employee will give at least two months' notice to employees of their intention so to do. 29.7 Commencement of leave - distant jobs If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or, if employed prior to going to the distant job, the place regarded as their headquarters, by the first reasonable means of transport, their annual leave will commence on the first full working day following their return to such place of engagement or headquarters as the case may be. 30. PERSONAL LEAVE 30.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 30 2019
31. PARENTAL LEAVE
31.1 The provisions of parental leave under this agreement shall be in accordance
with the National Employment Standards (NES).
32. WORK HEALTH AND SAFETY
The parties to this Agreement commit themselves to the establishment and
maintenance of a safe and healthy working environment, in accordance with
the WHS Act 2011 (NSW)
33. INCLEMENT WEATHER
(a) Inclement weather
means the existence of rain or abnormal climatic conditions (whether hail,
extreme cold, high wind, severe dust storm, extreme high temperature or the
like or any combination of these conditions) where it is not reasonable or it is
unsafe for employees to continue working in those conditions.
(b) Procedure
The employer or its representative, when requested by the employees or
their representative, must confer within a reasonable time (which does not
exceed 30 minutes). Weather will not be regarded as inclement unless it is
agreed at such conference.
If the employer or their representative refuses to confer within such
reasonable period, employees will be entitled to cease work for the day and
be paid for inclement weather.
(c) Restrictions on payments
An employee will not be entitled to payment for inclement weather as
provided for in this sub-clause unless the employee remains on-the-job until
the provisions set out in this sub-clause have been observed.
(d) Entitlement to payment
An employee will be entitled to payment by their employer for ordinary time
lost through inclement weather for up to, but not more than 32 hours in
every period of four weeks. The following conditions will apply:
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31. PARENTAL LEAVE 31.1 The provisions of parental leave under this agreement shall be in accordance with the National Employment Standards (NES). 32. WORK HEALTH AND SAFETY The parties to this Agreement commit themselves to the establishment and maintenance of a safe and healthy working environment, in accordance with the WHS Act 2011 (NSW) 33. INCLEMENT WEATHER (a) Inclement weather means the existence of rain or abnormal climatic conditions (whether hail, extreme cold, high wind, severe dust storm, extreme high temperature or the like or any combination of these conditions) where it is not reasonable or it is unsafe for employees to continue working in those conditions. (b) Procedure The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 30 minutes). Weather will not be regarded as inclement unless it is agreed at such conference. If the employer or their representative refuses to confer within such reasonable period, employees will be entitled to cease work for the day and be paid for inclement weather. (c) Restrictions on payments An employee will not be entitled to payment for inclement weather as provided for in this sub-clause unless the employee remains on-the-job until the provisions set out in this sub-clause have been observed. (d) Entitlement to payment An employee will be entitled to payment by their employer for ordinary time lost through inclement weather for up to, but not more than 32 hours in every period of four weeks. The following conditions will apply: Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 31
(i) the first period will commence on the first Monday on or after the
1 January each year, and subsequent periods will commence at
four weekly periods thereafter;
(ii) the employee will be credited with 32 hours at the commencement
of each four weekly period. Hours will not accumulate or be carried
over;
(iii) if an employee commences employment during a four weekly
period they will be credited eight hours for each week, or part of a
week, that the employee is employed during the four weekly
period;
(iv) the number of hours credited to an employee will be reduced by
the number of hours for which payment is made; and
(v) payment under this clause will be weekly.
(vi) Transfers
Employees may be transferred from one location on a site where it is
unreasonable to work due to inclement weather, to work at another
location on the same site, or another site, which is not affected by
inclement weather. Where an employee is required to transfer from one
site to another the employee will be reimbursed the cost of transport in
accordance with clause 14(c) except where the employer provides
transport.
(e) Employees required to work in inclement weather
(i) Except as provided in this sub-clause an employee will not work or
be required to work in inclement weather.
(ii) Employees required to work in inclement weather will only be
obliged to perform such work as is essential to overcome the
emergency and to restore an acceptable service and/or to secure
or make the site safe as circumstances require. Employees
engaged on such work must be paid at the rate of double time.
(iii) Where the employer requires an employee to work in inclement
weather, the employee will be reimbursed in full the cost of
appropriate protective clothing, except where the employer
provides such protective clothing.
(iv) If the employee's clothing becomes wet as a result of working in
wet weather and the employee does not have a change of dry work
clothes, the employee will be entitled, at the completion of the
work, to cease work for the day without loss of pay.
(f) Cessation and resumption of work
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(i) the first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter; (ii) the employee will be credited with 32 hours at the commencement of each four weekly period. Hours will not accumulate or be carried over; (iii) if an employee commences employment during a four weekly period they will be credited eight hours for each week, or part of a week, that the employee is employed during the four weekly period; (iv) the number of hours credited to an employee will be reduced by the number of hours for which payment is made; and (v) payment under this clause will be weekly. (vi) Transfers Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather. Where an employee is required to transfer from one site to another the employee will be reimbursed the cost of transport in accordance with clause 14(c) except where the employer provides transport. (e) Employees required to work in inclement weather (i) Except as provided in this sub-clause an employee will not work or be required to work in inclement weather. (ii) Employees required to work in inclement weather will only be obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make the site safe as circumstances require. Employees engaged on such work must be paid at the rate of double time. (iii) Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing. (iv) If the employee's clothing becomes wet as a result of working in wet weather and the employee does not have a change of dry work clothes, the employee will be entitled, at the completion of the work, to cease work for the day without loss of pay. (f) Cessation and resumption of work Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 32 2019
(i) At the time employees cease work due to inclement weather the
employer or their representative on site and the employees'
representative will agree and note the time of cessation of work.
(ii) After the period of inclement weather has clearly ended the
employees will resume work and the time will be similarly agreed
and noted.
(g) Safety
Where an employee is prevented from working at their particular function as
a result of unsafe conditions caused by inclement weather, the employee
may be transferred to other work in their trade on site, until the unsafe
conditions are rectified. Where such alternative work is not available, and
until the unsafe conditions are rectified, the employee will remain on site.
The employee must be paid for such time without reduction of their
inclement weather entitlement.
(h) Additional wet weather procedure
(i) Remaining on site
Where, because of wet weather, the employees are prevented
from working:
• for more than an accumulated total of four hours of ordinary
time in any one day;
• after the meal break, as provided in clause 24 - Breaks, for
more than an accumulated total of 50% of the normal
afternoon work time;
• during the final two hours of the normal work day for more
than an accumulated total of one hour;
the employer will not be entitled to require the employees to remain on
site beyond the expiration of any of the above. Where, by agreement
between the employer and/or their representative and the employees
and/or their representative, the employees remain on site beyond the
periods specified, any such additional wet time must be paid for but will
not be debited against the employees' hours. Wet time occurring during
overtime will not be taken into account for the purposes of this sub
clause.
(ii) Rain at starting time
Despite the provisions of clause 0 where the employees are in the
sheds, because they have been rained off, or at starting time,
morning tea, or lunch time, and it is raining, they may be required
to go to work in a dry area or to be transferred to another site
where:
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(i) At the time employees cease work due to inclement weather the employer or their representative on site and the employees' representative will agree and note the time of cessation of work. (ii) After the period of inclement weather has clearly ended the employees will resume work and the time will be similarly agreed and noted. (g) Safety Where an employee is prevented from working at their particular function as a result of unsafe conditions caused by inclement weather, the employee may be transferred to other work in their trade on site, until the unsafe conditions are rectified. Where such alternative work is not available, and until the unsafe conditions are rectified, the employee will remain on site. The employee must be paid for such time without reduction of their inclement weather entitlement. (h) Additional wet weather procedure (i) Remaining on site Where, because of wet weather, the employees are prevented from working: . for more than an accumulated total of four hours of ordinary time in any one day; after the meal break, as provided in clause 24 - Breaks, for more than an accumulated total of 50% of the normal afternoon work time; . during the final two hours of the normal work day for more than an accumulated total of one hour; the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above. Where, by agreement between the employer and/or their representative and the employees and/or their representative, the employees remain on site beyond the periods specified, any such additional wet time must be paid for but will not be debited against the employees' hours. Wet time occurring during overtime will not be taken into account for the purposes of this sub- clause. (ii) Rain at starting time Despite the provisions of clause 0 where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they may be required to go to work in a dry area or to be transferred to another site where: Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 33 2019
• the rain stops;
• a covered walk-way has been provided;
• the sheds are under cover and the employees can get to the
dry area without going through the rain; or
• adequate protection is provided. Protection will, where
necessary, be provided for the employee's tools.
34. PROTECTIVE CLOTHING
34.1 At 152 Hours worked, all new employees will receive the following Protective
Clothing:
(a) Two (2) Long Sleeve or Short Sleeve Shirts
(b) Two (2) Pairs of Trousers or Shorts or Overalls
(c) One (1) Pair Boots
(d) One (1) Jacket or Pullover
34.2 Protective Clothing shall be replaced on a fair wear and tear basis.
34.3 The protective clothing detailed above shall be divided into two issues and
distributed to employees as a summer and winter issue.
34.4 Where an employee is required to wear protective clothing other than that
provided for above and/or use protective equipment as stipulated by an
applicable law, the employer must reimburse the employee for the cost of such
protective clothing and/or equipment. This will not apply where the clothing
and/or equipment is paid for by the employer.
34.5 The clothing detailed above can be varied following agreement between the
employer and the consultative committee.
35. COMPENSATION FOR TOOLS AND CLOTHING
Compensation for tools and clothing will be as per the Award
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the rain stops; a covered walk-way has been provided; the sheds are under cover and the employees can get to the dry area without going through the rain; or . adequate protection is provided. Protection will, where necessary, be provided for the employee's tools. 34 PROTECTIVE CLOTHING 34.1 At 152 Hours worked, all new employees will receive the following Protective Clothing: (a) Two (2) Long Sleeve or Short Sleeve Shirts (b) Two (2) Pairs of Trousers or Shorts or Overalls (c) One (1) Pair Boots (d) One (1) Jacket or Pullover 34.2 Protective Clothing shall be replaced on a fair wear and tear basis. 34.3 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 34.4 Where an employee is required to wear protective clothing other than that provided for above and/or use protective equipment as stipulated by an applicable law, the employer must reimburse the employee for the cost of such protective clothing and/or equipment. This will not apply where the clothing and/or equipment is paid for by the employer. 34.5 The clothing detailed above can be varied following agreement between the employer and the consultative committee. 35. COMPENSATION FOR TOOLS AND CLOTHING Compensation for tools and clothing will be as per the Award Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 34 2019
36. PRESENTING FOR WORK BUT NOT REQUIRED
An employee, if engaged and presenting for work to commence employment
and not being required will be entitled to at least eight hours' work or payment
therefore at ordinary rates, plus the appropriate allowance prescribed by
clause 14 - Travel Allowance. This clause will not apply if the services of an
employee are not required by reason of inclement weather in which case the
provisions of clause 35- Inclement Weather, will apply.
37. JURY SERVICE MAKE-UP PAY
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 23 - Ordinary
Hours of work per day plus fares. The employee will give the employer proof of
such attendance and the amount received in respect of such jury service.
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.
38. DISPUTE SETTLEMENT PROCEDURE
38.1 In the event of a dispute about a matter under this award, or a dispute in
relation to the NES, in the first instance the parties must attempt to resolve the
matter at the workplace by discussions between the employee or employees
concerned and the relevant supervisor. If such discussions do not resolve the
dispute, the parties will endeavour to resolve the dispute in a timely manner by
discussions between the employee or employees concerned and more senior
levels of management as appropriate.
38.2 If a dispute about a matter arising under this award or a dispute in relation to
the NES is unable to be resolved at the workplace, and all appropriate steps
under clause 11.1 have been taken, a party to the dispute may refer the
dispute to the Fair Work Commission.
38.3 The parties may agree on the process to be utilised by Fair Work Australia
including mediation, conciliation and consent arbitration.
38.4 Where the matter in dispute remains unresolved, Fair Work Australia may
exercise any method of dispute resolution permitted by the Act that it considers
appropriate to ensure the settlement of the dispute.
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36. PRESENTING FOR WORK BUT NOT REQUIRED An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours' work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by clause 14 - Travel Allowance. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of clause 35 - Inclement Weather, will apply. 37. JURY SERVICE MAKE-UP PAY 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 23 - Ordinary Hours of work per day plus fares. The employee will give the employer proof of such attendance and the amount received in respect of such jury service. 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. 38. DISPUTE SETTLEMENT PROCEDURE 38.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 38.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 11.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission. 38.3 The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration. 38.4 Where the matter in dispute remains unresolved, Fair Work Australia may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 35 2019
38.5 An employer or employee may appoint another person, organisation or
association to accompany and/or represent them for the purposes of this
clause.
38.6 While the dispute resolution procedure is being conducted, work must continue
in accordance with this award and the Act. Subject to applicable occupational
health and safety legislation, an employee must not unreasonably fail to
comply with a direction by the employer to perform work, whether at the same
or another workplace that is safe and appropriate for the employee to perform.
39. ANTI-DISCRIMINATION
39.1 It is the intention of the parties to this Agreement to achieve the principal object
in s3 (e) of the Fair Work Act 2009 through respecting and valuing the diversity
of the workforce by helping to prevent and eliminate discrimination on the basis
of race, colour, sex preference, age, physical or mental disability, marital
status, family responsibilities, pregnancy, religion, political opinion, national
extraction or social origin.
39.2 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.
40. POSTING OF AGREEMENT
A copy of this Agreement and the NES will be kept by the employer in a
prominent place on the employer's premises where it is readily accessible to
employees.
41. WORKPLACE FLEXIBILITY
41.1 The terms of the Agreement may be varied by an individual flexibility
arrangement ("IF A").
41.2 The Employer will not make an IFA unless the following conditions are
satisfied:
41.3 The IFA must be about matters that would be permitted matters if the
arrangement were an enterprise agreement;
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 36
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38.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. 38.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform. 39. ANTI-DISCRIMINATION 39.1 It is the intention of the parties to this Agreement to achieve the principal object in s3 (e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 39.2 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. 40. POSTING OF AGREEMENT A copy of this Agreement and the NES will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employees. 41. WORKPLACE FLEXIBILITY 41.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 41.2 The Employer will not make an IFA unless the following conditions are satisfied: 41.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 36 2019
41.4 The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement;
41.5 The IFA must be genuinely agreed to by the employer and the employee;
41.6 The IFA must result in the employee being better off overall than the employee
would have been if no individual flexibility arrangement were agreed to.
41.7 The IFA must be able to be terminated:
41.8 by either the employee, or the employer, giving written notice of not more than
28 days; or
41.9 by the employee and the employer at any time if they agree, in writing, to the
termination.
41.10 The IFA must be in writing and signed:
in all cases by the employee and the employer; and
if the employee is under 18 by a parent or guardian of the employee; and
41.13 The IFA must be given to the employee within 14 days after it is agreed to.
42. CONSULTATION
42.1 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
42.2 For a major change referred to in paragraph 43.1 (a):
(a) the employer must notify the relevant employees of the decision to
introduce the major change; and
(b) sub clauses 43.3 to 43.9 apply.
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 37
2019
41.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; 41.5 The IFA must be genuinely agreed to by the employer and the employee; 41.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 41.7 The IFA must be able to be terminated: 41.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 41.9 by the employee and the employer at any time if they agree, in writing, to the termination. 41.10 The IFA must be in writing and signed: in all cases by the employee and the employer; and if the employee is under 18 by a parent or guardian of the employee; and 41.13 The IFA must be given to the employee within 14 days after it is agreed to. 42. CONSULTATION 42.1 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 42.2 For a major change referred to in paragraph 43.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) sub clauses 43.3 to 43.9 apply. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 37 2019
42.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
42.4 If:
(a) relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
42.5 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.
42.6 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
42.7 The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
42.8 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 43.2(a) and subclauses 43.3
and 43.5 are taken not to apply.
42.9 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
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 38
2019
42.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 42.4 If: (a) relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 42.5 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. 42.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 42.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 42.8 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 43.2(a) and subclauses 43.3 and 43.5 are taken not to apply. 42.9 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 Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 38 2019
(e) the need to retrain employees; or
(f) the restructuring of jobs.
Change to regular roster or ordinary hours of work
42.10 For a change referred to in paragraph 42.1 (b):
(a) the employer must notify the relevant employees of the proposed change;
and
(b) subclauses 42.11 to 42.15 apply.
42.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
42.12 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.
42.13 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).
42.14 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
42.15 The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
42.16 In this term:
relevant employees means the employees who may be affected by a change
referred to in subclause 43. 1.
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 39
2019
(e) (f) the need to retrain employees; or the restructuring of jobs. Change to regular roster or ordinary hours of work 42.10 For a change referred to in paragraph 42.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 42.11 to 42.15 apply. 42.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 42.12 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. 42.13 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). 42.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 42.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 42.16 In this term: relevant employees means the employees who may be affected by a change referred to in subclause 43.1. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 39 2019
43. CODE COMPLIANCE I SEVERABILITY
In the event that the Code comes into force and a provision of this Agreement
is deemed as being non-compliant with the Code, the parties will take all
necessary and reasonable steps to vary the Agreement so that the non
compliant provision of the Agreement is Code compliant.
Actions taken by a party under this clause are not an extra claim.
Severabi I ity:
It is the intention of those covered by this Agreement that the Agreement
contains only permitted matters under the Fair Work Act 2009.
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.
To the extent it is possible, all terms should be interpreted in a manner that
would make them permitted matters.
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 40
2019
43. CODE COMPLIANCE / SEVERABILITY In the event that the Code comes into force and a provision of this Agreement is deemed as being non-compliant with the Code, the parties will take all necessary and reasonable steps to vary the Agreement so that the non- compliant provision of the Agreement is Code compliant. Actions taken by a party under this clause are not an extra claim. Severability: It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the Fair Work Act 2009. 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. To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 40 2019
Appendix 1 - TABLE 1
Appendix 1
Rates of pay at the first full pay period after 1st July 2017
Area 1 Area2 Area 3 Area 4
(36 hour div) (38 hour div) (38 hour div) (38 hour div)
Plumbers rate
ph $40.67 $35.86 $34.15 $32.86
pw $1,463.40 $1,374.14 $1,297.70 $1,248.68
Drainers rate
ph $36.87 $32.63 $32.05 $30.93
pw $1327.32 $1239.94 $1217.90 $1175.34
Labourers rate
ph $34.75 $28.71 $27.87 $26.91
pw $1251.00 $1090.98 $1059.06 $1022.58
Travel pd $34.00 $34.00 $21.10 $21.10
Redundancy pw $125.00 $110.00 $80.00 $80.00
Superannuation pw 9.5% 9.5% 9.5% 9.5%
LSL pw NIL NIL NIL NIL
Top-Up W.C pw $14.75 $14.75 $14.75 $14.75
Site allowance ph $3.60 $3.60 NIL NIL
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 41
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Appendix 1 - TABLE 1 Appendix 1 Rates of pay at the first full pay period after 1st July 2017 Area 1 Area 2 Area 3 Area 4 (36 hour div) (38 hour div) (38 hour div) (38 hour div) Plumbers rate ph $40.67 $35.86 $34.15 $32.86 pw $1,463.40 $1,374.14 $1,297.70 $1,248.68 Drainers rate ph $36.87 $32.63 $32.05 $30.93 pw $1327.32 $1239.94 $1217.90 $1175.34 Labourers rate ph $34.75 $28.71 $27.87 $26.91 pw $1251.00 $1090.98 $1059.06 $1022.58 Travel pd $34.00 $34.00 $21.10 $21.10 Redundancy pw $125.00 $110.00 $80.00 $80.00 Superannuation pw 9.5% 9.5% 9.5% 9.5% LSL pw NIL NIL NIL NIL Top-Up W.C pw $14.75 $14.75 $14.75 $14.75 Site allowance ph $3.60 $3.60 NIL NIL Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 41 2019
Appendix 1 - TABLE 2
Appendix 1
Rates of pay at the first full pay period after 1st July 2018
Area 1 Area2 Area 3 Area 4
(36 hour div) (38 hour div) (38 hour div) (38 hour div)
Plumbers rate
ph $42.30 $37.30 $35.17 $33.52
pw $1,522.80 $1,429.04 $1,336.46 $1,273.76
Drainers rate
ph $36.87 $33.93 $33.01 $31.54
pw $1327.32 $1289.34 $1254.38 $1198.52
Labourers rate
ph $34.75 $29.68 $28.71 $27.43
pw $1251.00 $1127.84 $1090.98 $1042.34
Travel pd $34.00 $34.00 $21.10 $21.10
Redundancy pw $125.00 $110.00 $80.00 $80.00
Superannuation pw 9.5% 9.5% 9.5% 9.5%
LSL pw NIL NIL NIL NIL
Top-Up W.C pw $14.75 $14.75 $14.75 $14.75
Site allowance ph $3.60 $3.60 NIL NIL
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 42
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Appendix 1 - TABLE 2 Appendix 1 Rates of pay at the first full pay period after 1st July 2018 Area 1 Area 2 Area 3 Area 4 (36 hour div) (38 hour div) (38 hour div) (38 hour div) Plumbers rate ph $42.30 $37.30 $35.17 $33.52 pw $1,522.80 $1,429.04 $1,336.46 $1,273.76 Drainers rate ph $36.87 $33.93 $33.01 $31.54 pw $1327.32 $1289.34 $1254.38 $1198.52 Labourers rate ph $34.75 $29.68 $28.71 $27.43 pw $1251.00 $1127.84 $1090.98 $1042.34 Travel pd $34.00 $34.00 $21.10 $21.10 Redundancy pw $125.00 $110.00 $80.00 $80.00 Superannuation pw 9.5% 9.5% 9.5% 9.5% LSL pw NIL NIL NIL NIL Top-Up W.C pw $14.75 $14.75 $14.75 $14.75 Site allowance ph $3.60 $3.60 NIL NIL Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 42 2019
Appendix 1 - TABLE 3
Appendix 1
Rates of pay at the first full pay period after 1st July 2019
Area 1 Area2 Area 3 Area 4
(36 hour div) (38 hour div) (38 hour div) (38 hour div)
Plumbers rate
ph $43.99 $38.79 $36.22 $34.19
pw $1583.41 $1,474.02 $1,376.36 $1,299.22
Drainers rate
ph $36.87 $35.29 $34.00 $32.14
pw $1327.32 $1341.02 $1292.00 $1221.32
Labourers rate
ph $34.75 $30.43 $29.57 $27.96
pw $1251.00 $1156.34 $1123.66 $1062.48
Travel pd $34.00 $34.00 $21.10 $21.10
Redundancy pw $125.00 $110.00 $80.00 $80.00
Superannuation pw 9.5% 9.5% 9.5% 9.5%
LSL pw NIL NIL NIL NIL
Top-Up W.C pw $14.75 $14.75 $14.75 $14.75
Site allowance ph $3.60 $3.60 NIL NIL
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 43
2019
Appendix 1 - TABLE 3 Appendix 1 Rates of pay at the first full pay period after 1st July 2019 Area 1 Area 2 Area 3 Area 4 (36 hour div) (38 hour div) (38 hour div) (38 hour div) Plumbers rate ph $43.99 $38.79 $36.22 $34.19 pw $1583.41 $1,474.02 $1,376.36 $1,299.22 Drainers rate ph $36.87 $35.29 $34.00 $32.14 pw $1327.32 $1341.02 $1292.00 $1221.32 Labourers rate ph $34.75 $30.43 $29.57 $27.96 pw $1251.00 $1156.34 $1123.66 $1062.48 Travel pd $34.00 $34.00 $21.10 $21.10 Redundancy pw $125.00 $110.00 $80.00 $80.00 Superannuation pw 9.5% 9.5% 9.5% 9.5% LSL pw NIL NIL NIL NIL Top-Up W.C pw $14.75 $14.75 $14.75 $14.75 - Site allowance ph $3.60 $3.60 NIL NIL Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 43 2019
Appendix 2- Table 1 -ROO Calendar- 2017
I Monday 2 January 2017 New Year's Day Public Holiday
Thursday 26 January 2017 Australia Day Public Holiday
Friday 27 January 2017 Rostered Day Off
Saturday 28 January 2017 Paid Leisure Day
I Monday 27 February 2017 Rostered Day Off
I Monday 27 March 2017 Rostered Day Off
Friday 14 April 2017 Good Friday Public Holiday
Saturday 15 April 2017 Paid Leisure Day
Sunday 16 April 2017 Easter Sunday Public Holiday
Monday 17 April 2017 Easter Monday Public Holiday
Monday 24 April 2017 Rostered Day Off
Tuesday 25 April 2017 Anzac Day Public Holiday
I Monday 22 May 2017 Rostered Day Off
Saturday 10 June 2017 Paid Leisure Day
Monday 12 June 2017 Queen's Birthday Public Holiday
Tuesday 13 June 2017 Rostered Day Off
I Monday 17 July 2017 Rostered Day Off
I Monday 14 August 2017 Rostered Day Off
I Monday 11 September 2017 Rostered Day Off
Saturday 30 September 2017 Paid Leisure Day
Monday 2 October 2017 Labour Day Public Holiday
Tuesday 3 October 2017 Rostered Day Off
I Monday 6 November 2017 Rostered Day Off
Saturday 2 December 2017 Paid Leisure Day
Monday 4 December 2017 Industry Picnic Day
Tuesday 5 December 2017 Rostered Day Off
Saturday 23 December 2017 Paid Leisure Day
Monday 25 December 2017 Christmas Day Public Holiday
Tuesday 26 December 2017 Boxing Day Public Holiday
Wednesday 27 December 2017 Rostered Day Off
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 44
2019
Appendix 2 - Table 1 - RDO Calendar - 2017 Monday 2 January 2017 New Year's Day Public Holiday Thursday 26 January 2017 Australia Day Public Holiday Friday 27 January 2017 Rostered Day Off Saturday 28 January 2017 Paid Leisure Day Monday 27 February 2017 Rostered Day Off Monday 27 March 2017 Rostered Day Off Friday 14 April 2017 Good Friday Public Holiday Saturday 15 April 2017 Paid Leisure Day Sunday 16 April 2017 Easter Sunday Public Holiday Monday 17 April 2017 Easter Monday Public Holiday Monday 24 April 2017 Rostered Day Off Tuesday 25 April 2017 Anzac Day Public Holiday Monday 22 May 2017 Rostered Day Off Saturday 10 June 2017 Paid Leisure Day Monday 12 June 2017 Queen's Birthday Public Holiday Tuesday 13 June 2017 Rostered Day Off Monday 17 July 2017 Rostered Day Off Monday 14 August 2017 Rostered Day Off Monday 11 September 2017 Rostered Day Off Saturday 30 September 2017 Paid Leisure Day Monday 2 October 2017 Labour Day Public Holiday Tuesday 3 October 2017 Rostered Day Off Monday 6 November 2017 Rostered Day Off Saturday 2 December 2017 Paid Leisure Day Monday 4 December 2017 Industry Picnic Day Tuesday 5 December 2017 Rostered Day Off Saturday 23 December 2017 Paid Leisure Day Monday 25 December 2017 Christmas Day Public Holiday Tuesday 26 December 2017 Boxing Day Public Holiday Wednesday 27 December 2017 Rostered Day Off Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 44 2019
Appendix 2 - Table 2 - ROO Calendar- 2018
I Monday, 1 January 2018 New Year's Day Public Holiday
Friday 26 January 2018 Australia Day Public Holiday
Saturday 27 January 2018 Paid Leisure Day
Monday 29 January 2018 Rostered Day Off
I Monday 26 February 2018 Rostered Day Off
Friday 30 March 2018 Good Friday Public Holiday
Saturday 31 March 2018 Paid Leisure Day
Sunday 1 Apri12018 Easter Sunday Public Holiday
Monday 2 April2018 Easter Monday Public Holiday
Monday 23 April 2018 Rostered Day Off
Tuesday 24 April 2018 Rostered Day Off
Wednesday 25 April 2018 Anzac Day Public Holiday
I Monday 21 May 2018 Rostered Day Off
Saturday 9 June 2018 Paid Leisure Day
Monday 11 June 2018 Queen's Birthday Public Holiday
Tuesday 12 June 2018 Rostered Day Off
I Monday 16 July 2018 Rostered Day Off
I Monday 13 August 2018 Rostered Day Off
I Monday 10 September 2018 Rostered Day Off
Saturday 29 September 2018 Paid Leisure Day
Monday 1 October 2018 Labour Day Public Holiday
Tuesday 2 October 2018 Rostered Day Off
I Monday 5 November 2018 Rostered Day Off
Saturday 1 December 2018 Paid Leisure Day
Monday 3 December 2018 Industry Picnic Day
Tuesday 4 December 2018 Rostered Day Off
Saturday 22 December 2018 Paid Leisure Day
Monday 24 December 2018 Rostered Day Off
Tuesday 25 December 2018 Christmas Day Public Holiday
Wednesday 26 December 2018 Boxing Day Public Holiday
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 45
2019
Appendix 2 - Table 2 - RDO Calendar - 2018 Monday 1 January 2018 New Year's Day Public Holiday Friday 26 January 2018 Australia Day Public Holiday Saturday 27 January 2018 Paid Leisure Day Monday 29 January 2018 Rostered Day Off Monday 26 February 2018 Rostered Day Off Friday 30 March 2018 Good Friday Public Holiday Saturday 31 March 2018 Paid Leisure Day Sunday 1 April 2018 Easter Sunday Public Holiday Monday 2 April 2018 Easter Monday Public Holiday Monday 23 April 2018 Rostered Day Off Tuesday 24 April 2018 Rostered Day Off Wednesday 25 April 2018 Anzac Day Public Holiday Monday 21 May 2018 Rostered Day Off Saturday 9 June 2018 Paid Leisure Day Monday 11 June 2018 Queen's Birthday Public Holiday Tuesday 12 June 2018 Rostered Day Off Monday 16 July 2018 Rostered Day Off Monday 13 August 2018 Rostered Day Off Monday 10 September 2018 Rostered Day Off Saturday 29 September 2018 Paid Leisure Day Monday 1 October 2018 Labour Day Public Holiday Tuesday 2 October 2018 Rostered Day Off Monday 5 November 2018 Rostered Day Off Saturday 1 December 2018 Paid Leisure Day Monday 3 December 2018 Industry Picnic Day Tuesday 4 December 2018 Rostered Day Off Saturday 22 December 2018 Paid Leisure Day Monday 24 December 2018 Rostered Day Off Tuesday 25 December 2018 Christmas Day Public Holiday Wednesday 26 December 2018 Boxing Day Public Holiday Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 45 2019
APPENDIX 2- TABLE 3- ROO CALENDAR- 2019
I Tuesday 1 January 2019 New Year's Day Public Holiday
Saturday 26 January 2019 Paid Leisure Day
Monday 28 January 2019 Australia Day Public Holiday
Tuesday 29 January 2019 Rostered Day Off
I Monday 25 February 2019 Rostered Day Off
I Monday 25 March 2019 Rostered Day Off
Friday 19 April 2019 Good Friday Public Holiday
Saturday 20 April 2019 Easter Sunday Public Holiday
Sunday 21 April 2019 Easter Saturday Public Holiday
Monday 22 April 2019 Easter Monday Public Holiday
Thursday 25 April 2019 Anzac Day Public Holiday
Friday 26 April 2019 Rostered Day Off
Saturday 27 April 2019 Paid Leisure Day
I Monday 27 May 2019 Rostered Day Off
Saturday 8 June 2019 Paid Leisure Day
Monday 10 June 2019 Queen's Birthday Public Holiday
Tuesday 11 June 2019 Rostered Day Off
I Monday 8 July 2019 Rostered Day Off
I Monday 5 August 2019 Rostered Day Off
I Monday 2 September 2019 Rostered Day Off
Saturday 5 October 2019 Paid Leisure Day
Monday 7 October 2019 Labour Day Public Holiday
Tuesday 8 October 2019 Rostered Day Off
I Monday 4 November 2019 Rostered Day Off
Saturday 30 November 2019 Paid Leisure Day
Monday 2 December 2019 Industry Picnic Day
Tuesday 3 December 2019 Rostered Day Off
Saturday 21 December 2019 Paid Leisure Day
Monday 23 December 2019 Rostered Day Off
Wednesday 25 December 2019 Christmas Day Public Holiday
Thursday 26 December 2019 Boxing Day Public Holiday
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 46
2019
APPENDIX 2 - TABLE 3 - RDO CALENDAR - 2019 Tuesday 1 January 2019 New Year's Day Public Holiday Saturday 26 January 2019 Paid Leisure Day Monday 28 January 2019 Australia Day Public Holiday Tuesday 29 January 2019 Rostered Day Off Monday 25 February 2019 Rostered Day Off Monday 25 March 2019 Rostered Day Off Friday 19 April 2019 Good Friday Public Holiday Saturday 20 April 2019 Easter Sunday Public Holiday Sunday 21 April 2019 Easter Saturday Public Holiday Monday 22 April 2019 Easter Monday Public Holiday Thursday 25 April 2019 Anzac Day Public Holiday Friday 26 April 2019 Rostered Day Off Saturday 27 April 2019 Paid Leisure Day Monday 27 May 2019 Rostered Day Off Saturday 8 June 2019 Paid Leisure Day Monday 10 June 2019 Queen's Birthday Public Holiday Tuesday 11 June 2019 Rostered Day Off Monday 8 July 2019 Rostered Day Off Monday 5 August 2019 Rostered Day Off Monday 2 September 2019 Rostered Day Off Saturday 5 October 2019 Paid Leisure Day Monday 7 October 2019 Labour Day Public Holiday Tuesday 8 October 2019 Rostered Day Off Monday 4 November 2019 Rostered Day Off Saturday 30 November 2019 Paid Leisure Day Monday 2 December 2019 Industry Picnic Day Tuesday 3 December 2019 Rostered Day Off Saturday 21 December 2019 Paid Leisure Day Monday 23 December 2019 Rostered Day Off Wednesday 25 December 2019 Christmas Day Public Holiday Thursday 26 December 2019 Boxing Day Public Holiday Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 46 2019
SIGNATORY PAGE
For and on behalf of MACS INDUSTRIAL PIPEWORK PTY LTD
Sign at~
\o\4\\E:.
'Date
Name: .~rr= ~~Ar"-.l£
Position:
ABN:
Company address:
For and on behalf of CEPU Plumbing Division (NSW Branch)
Signature
Name:
Position:
Branch address:
Telephone:
Fax:
ly t;..j ;'S:
Date/
Steve Me Carney
Newcastle Sub Branch Secretary
Shop 1, 111 McEvoy Street, Alexandria NSW 2015
(02) 9310-3411
(02) 9310-1380
Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017- 47
2019
SIGNATORY PAGE For and on behalf of MACS INDUSTRIAL PIPEWORK PTY LTD 18/4/18 Signature Date Name: 1 JEFF MCFARLANE Position: DIRECTOR ABN: 14002139826 Company address: 59 MITCHELL RD, CARDIFF 2285 For and on behalf of CEPU Plumbing Division (NSW Branch) 1 18/4/18 Signature Name: Steve Mc Carney Position: Newcastle Sub Branch Secretary Branch address: Shop 1, 111 McEvoy Street, Alexandria NSW 2015 Telephone: (02) 9310-3411 Fax: (02) 9310-1380 Mac's Industrial Pipework Pty Ltd Regional Plumbing Enterprise Agreement 2017 - 47 2019
Model flexibility term Schedule 2.2
Fair Work Regulations 2009 113
Schedule 2.2—Model flexibility term
(regulation 2.08)
Model flexibility term
(1) An employer and employee covered by this enterprise agreement
may agree to make an individual flexibility arrangement to vary the
effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) 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
(c) the arrangement is genuinely agreed to by the employer and
employee.
(2) The employer must ensure that the terms of the individual
flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair
Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work
Act 2009; and
(c) result in the employee being better off overall than the
employee would be if no arrangement was made.
(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:
Federal Register of Legislative Instruments F2014C00008
Schedule 2.2 Model flexibility term
114 Fair Work Regulations 2009
(i) the terms of the enterprise agreement that will be varied
by the arrangement; and
(ii) how the arrangement will vary the effect of the terms;
and
(iii) how the employee will be better off overall in relation to
the terms and conditions of his or her employment as a
result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
(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.
Federal Register of Legislative Instruments F2014C00008
