1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2018/3891)
TRI SUMMIT SERVICES PTY LTD & CEPU PLUMBING DIVISION -
NSW BRANCH LAGGING ENTERPRISE AGREEMENT 2017-2019
Plumbing industry
COMMISSIONER WILSON MELBOURNE, 1 OCTOBER 2018
Application for approval of the Tri Summit Services Pty Ltd & CEPU Plumbing Division -
NSW Branch Lagging Enterprise Agreement 2017-2019.
[1] An application has been made for approval of an enterprise agreement known as the
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging 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] The Employer has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment
to any employee covered by the Agreement and that the undertakings will not result in
substantial changes to the Agreement.
[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.
[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 6018
DECISION
AUSTRALIA FairWork Commission
[2018] FWCA 6018
2
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
8 October 2018. The nominal expiry date of the Agreement is 30 September 2019.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE500259 PR700839
OF THE FAIR WORK C AUSTRALIA MMISSION THE SEAL
[2018] FWCA 6018
3
Annexure A
TFI SUMMIT SEAVICSS """uo
ABN 47 616 118382
ACN 616118 382
2/130 lnd••n lr.
Kcysborough VIC 3173
"'' 0432 958 50S
Enull: adm!n@trj.symmjtcom.au
bttp:f ftnsummitoom.au
In the Fair Work Commission:
RE: AG20 18/3891-Applicalion for approval of the Tri Summit Services Pty Ltd &
CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-
2019,
UNDERTAKING 212
Fonhe purposes of approval of the Tri Summit Services Pty Ltd & CEPU
Plumbing Division- NSW Branch l agging Enterprise Agreement 2017-2019
(Agreement), The Employer (Tri Summit SeT\1ces Pty Ltd) undertakes as follows:
1) Leave to Deal with Family and Domestic Violence will be as per Clause 38 of
the Plumbing and f'ire Sprinklers Award 2010.
2) Indentured Apprentices will be paid as per Appe11dix 2
For and Behalf of
Trl Summit Services Pty Ltd
odiif ~
Signature
0.7/o"'/~6.
Date
NAME:
POSITION: 01 fhC tel(,
ADDRESS: rn
TRI SUMMIT SERVICES PTY OD ABN 47 616 118 382 ACN 616118382 2/130 Indian Dr. Keysborough VIC 3173 M- 0432 958 505 Email: admin @trisummit.com.au http://trisummit.com.au In the Fair Work Commission: RE: AG2018/3891-Application for approval of the Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017- 2019, UNDERTAKING 212 For the purposes of approval of the Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019 (Agreement], The Employer (Tri Summit Services Pty Ltd) undertakes as follows: 1) Leave to Deal with Family and Domestic Violence will be as per Clause 38 of the Plumbing and Fire Sprinklers Award 2010. 2) Indentured Apprentices will be paid as per Appendix 2 For and Behalf of Tri Summit Services Pty Ltd 27/09/2018 Signature Date NAME: 115/0 4ICH POSITION: DIRECTOR ADDRESS: 27 WESTBROOK DE, KEYSBOROUGH VIK 3173
TRI SUMMIT SERVICES PTY LTD & CEPU
PLUMBING DIVISION - NSW BRANCH
LAGGING ENTERPRISE AGREEMENT 2017-
2019
For
ACT,
SYDNEY,
WOLLONGONG,
CENTRAL COAST,
& NSW COUNTRY AREAS
1
TO TRADES UNION AUS PLUMBING PRAVY TRI SUMMIT SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH LAGGING ENTERPRISE AGREEMENT 2017- 2019 For ACT, SYDNEY, WOLLONGONG, CENTRAL COAST, & NSW COUNTRY AREAS 1
balderston
UT
Clause No Name Page No
1 Title 4
2 Parties and Persons Bound 4
3 Objectives 4
4 Commitments 5
5 Lodgement and Period Of Operation 5
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 10
12 Payment of Wages 10
13 Apprentices 11
14 Travel Allowance 13
15 Site Allowance 14
16 Other Allowances 15
17 Living Away From Home- Distant Work 16
18 Superannuation 20
19 Termination of Employment 22
20 Redundancy Scheme 22
21 Statutory Matters Covered by State legislation 25
22
Top-Up Workers Compensation I 24 Hour Accident
25
Cover & Sickness
23 Ordinary Hours of Work 25
24 Work Breaks 27
25 Overtime 28
26 Weekend Work 29
27 Night Shift 30
28 Public Holidays And Holiday Work 31
29 Annual Leave 33
30 Personal Leave 35
31 Compassionate Leave 36
2
Clause No Name Page No 1 Title 4 2 Parties and Persons Bound 4 3 Objectives 4 4 Commitments 5 5 Lodgement and Period Of Operation 5 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 10 12 Payment of Wages 10 13 Apprentices 11 14 Travel Allowance 13 15 Site Allowance 14 16 Other Allowances 15 17 Living Away From Home - Distant Work 16 18 Superannuation 20 19 Termination of Employment 22 20 Redundancy Scheme 22 21 Statutory Matters Covered by State legislation 25 22 Top-Up Workers Compensation / 24 Hour Accident Cover & Sickness 25 23 Ordinary Hours of Work 25 24 Work Breaks 27 25 Overtime 28 26 Weekend Work 29 27 Night Shift 30 28 Public Holidays And Holiday Work 31 29 Annual Leave 33 30 Personal Leave 35 31 Compassionate Leave 36 2
32 Parental Leave 37
33 Work Health & Safety 36
34 Inclement Weather 36
35 Protective Clothing 39
36 Compensation For Tools And Clothing 39
37 Presenting For Work But Not Required 40
38 Jury Service Make-Up Pay 40
39 Dispute Settlement Procedures 41
40 Anti-Discrimination 43
41 Posting of Agreement 44
42 Workplace Flexibility 44
43 Model Consultation Clause 45
44 Sham Contracting 48
45 Code Compliance I Severability 49
46 Employee Representatives 51
Appendix 1: Rates of Pay - Laggers & Labourers 53
Appendix 2: Rates of Pay- Trainees (Apprentices) 54
Appendix 4- List of Tools 55
SIGNATORY PAGE 56
3
32 Parental Leave 37 33 Work Health & Safety 36 34 Inclement Weather 36 35 Protective Clothing 39 36 Compensation For Tools And Clothing 39 37 Presenting For Work But Not Required 40 38 Jury Service Make-Up Pay 40 39 Dispute Settlement Procedures 41 40 Anti-Discrimination 43 41 Posting of Agreement 44 42 Workplace Flexibility 44 43 Model Consultation Clause 45 44 Sham Contracting 48 45 Code Compliance / Severability 49 46 Employee Representatives 51 Appendix 1: Rates of Pay - Laggers & Labourers 53 Appendix 2: Rates of Pay - Trainees (Apprentices) 54 Appendix 4 - List of Tools 55 SIGNATORY PAGE 56 3
1. TITLE
This Agreement shall be known as the TRI SUMMIT SERVICES Pty Ltd &
CEPU Plumbing Division- NSW Branch Lagging Enterprise Agreement 2017-
2019.
2. PARTIES AND PERSONS BOUND
This Agreement shall be binding upon:
2.1 Tri Summit Services Pty Ltd (Company) in respect to its employees as defined
in clause 7.1(ix)
2.2 The Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia- NSW Branch (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.
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;
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;
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
Lagging Enterprise Agreement 2017-2019.
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1. TITLE This Agreement shall be known as the TRI SUMMIT SERVICES Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017- 2019. 2. PARTIES AND PERSONS BOUND This Agreement shall be binding upon: 2.1 Tri Summit Services Pty Ltd (Company) in respect to its employees as defined in clause 7.1(ix) 2.2 The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - NSW Branch (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. 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; 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; 4 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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.
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 September 2019.
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
Lagging Enterprise Agreement 2017-2019.
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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. 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 September 2019. 5 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
6. RELATIONSHIP TO OTHER INSTRUMENTS
This agreement wholly replaces the Plumbing and Sprinkler Fitter Award
2010, with the exception to clause 13.11.
7. DEFINITIONS
Geographic definitions
a) Sydney- means within the boundaries of Broken Bay to the North,
Nepean River to the West, Wollondilly to the South West, and Waterfall
to the South.
b) ACT- Means the Australian Capital Territory and a 75km radius from
the Canberra GPO
c) Wollongong- means the City of Wollongong and City of Shellharbour
d) Central Coast - means the City of Gosford and the Shire of Wyong
e) Newcastle - means the City of Newcastle and Lake Macquarie
f) All other Areas - means all other areas of the State of New South Wales
not covered by the geographic areas set out in (a) to (e) 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 or trainee 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) Code means the Building Code 2016 (Code for the Tendering and
Performance of Building Work 2016).
(vi) 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
Tri Summit Services Pty Ltd & CEPU Plumbing Division- NSW Branch
Lagging Enterprise Agreement 2017-2019.
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6. RELATIONSHIP TO OTHER INSTRUMENTS This agreement wholly replaces the Plumbing and Sprinkler Fitter Award 2010, with the exception to clause 13.11. 7. DEFINITIONS Geographic definitions a) Sydney - means within the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. b) ACT - Means the Australian Capital Territory and a 75km radius from the Canberra GPO c) Wollongong - means the City of Wollongong and City of Shellharbour d) Central Coast - means the City of Gosford and the Shire of Wyong e) Newcastle - means the City of Newcastle and Lake Macquarie f) All other Areas - means all other areas of the State of New South Wales not covered by the geographic areas set out in (a) to (e) 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 or trainee 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) Code means the Building Code 2016 (Code for the Tendering and Performance of Building Work 2016). (vi) 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 6 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
prefabrication of work performed in plumbing workshops. For the
purpose of this definition maintenance is confined to employees
employed by employers in the building and construction industry.
(vii) contractor means any entity which contracts to provide plumbing.
(viii) 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
(ix) employee means national system employee within the meaning of the
Act
(x) employer means national system employer within the meaning of the
Act
(xi) enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(xii) 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
(xiii) NES means the National Employment Standards as contained in
sections 59 to 131 of the Fair Work Act 2009 (Cth)
(xiv) 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
(xv) 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
(xvi) labourer means an employee primarily engaged in assisting a lagger.
(xvii) standard rate means the minimum wage for the Plumbing and
mechanical services tradesperson Level 1 in Appendix A.
(xviii)Lagger means an employee that insulates or clads ducts, pipes, valves
or any other thing used in or in connection with the plumbing and air
conditioning industry for the protection of Thermal and or acoustics.
Where this agreement refers to a condition of employment provided for in the
NES, the NES definition applies.
Tri Summit Services Pty Ltd & CEPU Plumbing Division- NSW Branch
Lagging Enterprise Agreement 2017-2019.
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prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employees employed by employers in the building and construction industry. (vii) contractor means any entity which contracts to provide plumbing. (viii) 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 (ix) employee means national system employee within the meaning of the Act (x) employer means national system employer within the meaning of the Act (xi) enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (xii) 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 (xiii) NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) (xiv) 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 (xv) 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 (xvi) labourer means an employee primarily engaged in assisting a lagger. (xvii) standard rate means the minimum wage for the Plumbing and mechanical services tradesperson Level 1 in Appendix A. (xviii) Lagger means an employee that insulates or clads ducts, pipes, valves or any other thing used in or in connection with the plumbing and air conditioning industry for the protection of Thermal and or acoustics. Where this agreement refers to a condition of employment provided for in the NES, the NES definition applies. Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch 7 Lagging Enterprise Agreement 2017-2019.
8. TYPES OF EMPLOYMENT
8.1 Except as provided in 8.2, employment will be daily hire. Any Employee not
specifically engaged as a casual employee will be deemed to be employed by
daily hire.
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's 1-3, and all relevant
allowances, 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.
Tri Summit Services Pty Ltd & CEPU Plumbing Division- NSW Branch
Lagging Enterprise Agreement 2017-2019.
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8. TYPES OF EMPLOYMENT 8.1 Except as provided in 8.2, employment will be daily hire. Any Employee not specifically engaged as a casual employee will be deemed to be employed by daily hire. 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's 1-3, and all relevant allowances, 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. 8 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(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 8.2(a)iii,
on receiving notice under clause 8.2(a)v or after the expiry of the
time for giving such notice, may give four weeks' notice in writing to
the Employer that they seek to elect to convert their contract of
employment to full-time, and within four weeks of receiving such
notice the Employer must consent to or refuse the election but must
not unreasonably so refuse.
(vii) Following such Agreement being reached, the Employee converts
to full-time employment.
(viii) Once a casual Employee has elected to become and has been
converted to a full-time Employee, the Employee may only revert to
casual employment by written Agreement with the Employer.
(ix) Where, in accordance with clause 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.
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(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 8.2(a)iii, on receiving notice under clause 8.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. (vii) Following such Agreement being reached, the Employee converts to full-time employment. (viii) Once a casual Employee has elected to become and has been converted to a full-time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. (ix) Where, in accordance with clause 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. 9 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
11. INCREASE TO WAGES- PRODUCTIVITY GAINS
In recognition of the productivity measures identified herein, the increases
payable under this agreement shall be available to all employees as follows:
(i) Seven days from the date certified by the Fair Work Commission- The
rate of pay will be as per Appendix 1 -Table 2
(ii) From the first full pay period after 1st April 2018- The rate of pay will be
as per Appendix 1 -Table 3
(iii) From the first full pay period after 1st April 2019 -The rate of pay will be
as per Appendix 1 -Table 4
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 Particulars of details of payment to each employee will be provided in a
statement issued to the employee at the time payment is made and will
contain the following information as required by regulation or under The Fair
Work Act 2009 (as amended):
• employer's and employee's name
• employer's Australian Business Number (if applicable)
• pay period
• date of payment
• gross and net pay
• the ordinary hourly rate
• the number of hours worked at that rate
• the total dollar amount of pay at that rate
• any loadings, allowances, bonuses, incentive-based payments, penalty
rates or other paid entitlements that can be separated out from an
employee's ordinary hourly rate
• the pay rate that applied on the last day of employment
• any deductions from the employee's pay, including:
1. the amount and details of each deduction
2. the name, or name and number of the fund I account the
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
Lagging Enterprise Agreement 2017-2019.
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11. INCREASE TO WAGES - PRODUCTIVITY GAINS In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: (i) Seven days from the date certified by the Fair Work Commission - The rate of pay will be as per Appendix 1 - Table 2 (ii) From the first full pay period after 1st April 2018 - The rate of pay will be as per Appendix 1 - Table 3 (iii) From the first full pay period after 1st April 2019 - The rate of pay will be as per Appendix 1 - Table 4 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 Particulars of details of payment to each employee will be provided in a statement issued to the employee at the time payment is made and will contain the following information as required by regulation or under The Fair Work Act 2009 (as amended): employer's and employee's name employer's Australian Business Number (if applicable) pay period . date of payment gross and net pay the ordinary hourly rate the number of hours worked at that rate the total dollar amount of pay at that rate any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee's ordinary hourly rate the pay rate that applied on the last day of employment any deductions from the employee's pay, including: 1. the amount and details of each deduction 2. the name, or name and number of the fund / account the 10 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
deduction was paid into
• any superannuation contributions paid for the employee's benefit,
including:
1. the amount of contributions made during the pay period (or the
amount of contributions that need to be made)
2. the name and I or number of the superannuation fund the
contributions were made to.
12.3 An employee whose service is terminated shall be paid the full amount of
wages, redundancy and accrued payments due, at the next full pay period,
providing all company assets have been returned and any outstanding debts
settled.
12.4 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.
12.5 Overpayment of wages
(a) The employee agrees to reimburse the company for any overpayment of
wages proven to be made to the employee in error by the company.
(b) Upon two weeks advance written notice of an overpayment to the
Employee, the Employee authorises the Company to deduct in agreed
weekly amounts from any wages or any other entitlements payable, or
owing to the Employee on termination, any overpayments made in error
to the Employee by the Company.
13. APPRENTICES
13.1 Apprentices will be entitled to all terms and conditions of this agreement.
Rates of pay and allowances will be in accordance with the charts contained
at Appendix 2 for Trainee Aprentices or Appendix 3 for indentured
Apprentices.
13.2 In determining the wages to be paid to an apprentice, any credit applicable to
the term of the apprenticeship will be counted as part of the term of
apprenticeship already completed.
13.3 Attending college/school.
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deduction was paid into . any superannuation contributions paid for the employee's benefit, including: 1. the amount of contributions made during the pay period (or the amount of contributions that need to be made) 2. the name and / or number of the superannuation fund the contributions were made to. 12.3 An employee whose service is terminated shall be paid the full amount of wages, redundancy and accrued payments due, at the next full pay period, providing all company assets have been returned and any outstanding debts settled. 12.4 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. 12.5 Overpayment of wages (a) The employee agrees to reimburse the company for any overpayment of wages proven to be made to the employee in error by the company. (b) Upon two weeks advance written notice of an overpayment to the Employee, the Employee authorises the Company to deduct in agreed weekly amounts from any wages or any other entitlements payable, or owing to the Employee on termination, any overpayments made in error to the Employee by the Company. 13. APPRENTICES 13.1 Apprentices will be entitled to all terms and conditions of this agreement. Rates of pay and allowances will be in accordance with the charts contained at Appendix 2 for Trainee Aprentices or Appendix 3 for indentured Apprentices. 13.2 In determining the wages to be paid to an apprentice, any credit applicable to the term of the apprenticeship will be counted as part of the term of apprenticeship already completed. 13.3 Attending college/school. 11 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Apprentices will be paid all wages and allowances, including but not limited to
travel and site allowance as specified by this Agreement for time spent
attending college/school in the course of their apprenticeship. All time spent
attending college/school in the course of the apprenticeship will count as time
served for all purposes.
13.4 Except where it is inconsistent with this clause, the provisions of the Plumbing
and Fire Sprinkler Award 2010 will apply to apprentices.
13.5 Fees due by an apprentice for attending the Plumbing Trade Course shall be
paid by the employer at the time such fees become due. Where an apprentice
fails to complete a course of study or fails a particular subject any additional
fees due in order to complete the course will be the responsibility of the
apprentice.
13.6 ROO's I Public Holidays
In addition to the provisions otherwise provided in this agreement where
Public Holiday or ROO falls on a day on which the apprentice is required to
attend and does attend technical college or registered training organisation),
the next working day shall be taken in lieu of the public holiday I rostered day
off unless an alternative day in that four-week cycle is agreed between the
apprentice and the employer.
13.7 Any disputes arising out of the provisions of this clause shall be dealt with
through the dispute settlement procedure.
13.8 The provisions of this clause shall not apply to school based apprentices.
13.9 An apprentice will not work under any system of payment by results.
13.10 Overtime- Apprentices
(a) Except in an emergency, be required to work overtime or shift work at
times which would prevent their attendance at technical school or a
registered training organisation.
(b) When working overtime the apprentice should be under the direction of a
trades person.
(c) Be paid at the overtime, meals and other penalties rates that apply under
this Agreement.
13.11 Adult Apprentices
(a) Where a person was employed by an employer immediately prior to
becoming an adult apprentice with that employer, such person will not
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Apprentices will be paid all wages and allowances, including but not limited to travel and site allowance as specified by this Agreement for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes. 13.4 Except where it is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinkler Award 2010 will apply to apprentices 13.5 Fees due by an apprentice for attending the Plumbing Trade Course shall be paid by the employer at the time such fees become due. Where an apprentice fails to complete a course of study or fails a particular subject any additional fees due in order to complete the course will be the responsibility of the apprentice. 13.6 RDO's / Public Holidays In addition to the provisions otherwise provided in this agreement where Public Holiday or RDO falls on a day on which the apprentice is required to attend and does attend technical college or registered training organisation), the next working day shall be taken in lieu of the public holiday / rostered day off unless an alternative day in that four-week cycle is agreed between the apprentice and the employer. 13.7 Any disputes arising out of the provisions of this clause shall be dealt with through the dispute settlement procedure. 13.8 The provisions of this clause shall not apply to school based apprentices. 13.9 An apprentice will not work under any system of payment by results. 13.10 Overtime - Apprentices (a) Except in an emergency, be required to work overtime or shift work at times which would prevent their attendance at technical school or a registered training organisation. (b) When working overtime the apprentice should be under the direction of a tradesperson. (c) Be paid at the overtime, meals and other penalties rates that apply under this Agreement 13.11 Adult Apprentices (a) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer, such person will not 12 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
suffer a reduction in the rate of pay by virtue of entering into a training
agreement.
(b) For the purpose only of fixing a rate of pay, the adult apprentice will
continue to receive the rate of pay (inclusive of all-purpose allowances)
that is, from time to time, applicable to the classification or class of work
in which the adult apprentice was engaged immediately prior to entering
into the training agreement specified in clause 15.1 of the Plumbing and
Fire Sprinklers Award.
(c) Subject to clauses 13.11 (a) and 13.11 (b) the rate of pay of an adult
apprentice will be not less than:
I. the federal minimum wage plus the full rate of clause 21.1 (b)
Industry allowance; of the Plumbing and Fire Sprinklers Award, or
II. the amount prescribed for apprentices generally in clause 20.2 of
the Plumbing and Fire Sprinklers Award;
Ill. the apprentice rates provided for in this agreement;
whichever is the greater.
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.
14.2 Travel allowance will be in accordance with the charts contained at Appendix
2 for Trainee Aprentices or Appendix 3 for indentured Apprentices.
14.3 An apprentice will be paid travel on RDOs.
(a) The travelling time allowances are daily allowances where the employee
is required to:
(i) start or finish work at a job site or TAFE;
(ii) start or finish work at the usual times; and
(iii) uses his/her own vehicle or uses public transport.
(b) Travel allowance
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suffer a reduction in the rate of pay by virtue of entering into a training agreement. (b) For the purpose only of fixing a rate of pay, the adult apprentice will continue to receive the rate of pay (inclusive of all-purpose allowances) that is, from time to time, applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the training agreement specified in clause 15.1 of the Plumbing and Fire Sprinklers Award. (c) Subject to clauses 13.11(a) and 13.11(b) the rate of pay of an adult apprentice will be not less than: - 1. the federal minimum wage plus the full rate of clause 21.1(b) - Industry allowance; of the Plumbing and Fire Sprinklers Award, or II. the amount prescribed for apprentices generally in clause 20.2 of the Plumbing and Fire Sprinklers Award; III. the apprentice rates provided for in this agreement; whichever is the greater. 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. 14.2 Travel allowance will be in accordance with the charts contained at Appendix 2 for Trainee Aprentices or Appendix 3 for indentured Apprentices. 14.3 An apprentice will be paid travel on RDOs. (a) The travelling time allowances are daily allowances where the employee is required to: (i) start or finish work at a job site or TAFE; (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. (b) Travel allowance 13 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Subject to clauses 14.3(a) employees will be paid a travel allowance in
accordance with the figures shown in Appendix 2 for Trainee Aprentices or
Appendix 3 for indentured Apprentices.
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 the
boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly
to the South West, and Waterfall to the South.
14.6 Mileage allowance for travel beyond defined radius
(i) An employee entitled to the additional travelling time allowance beyond
the defined radius under clause 14.5 and who uses their own vehicle for
such travel is to be paid an amount equivalent to $0.7 4 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.
(ii) 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 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 day's travel to a job site within the defined radius.
15. SITE ALLOWANCE
15.1 Seven days from the date certified by the Fair Work Commission a site
allowance will be paid for all hours worked for Sydney sites, Central Coast &
Wollongong sites, and NSW Country sites as per the tables below.
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Subject to clauses 14.3(a) employees will be paid a travel allowance in accordance with the figures shown in Appendix 2 for Trainee Aprentices or Appendix 3 for indentured Apprentices. 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 the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. 14.6 Mileage allowance for travel beyond defined radius (i) An employee entitled to the additional travelling time allowance beyond the defined radius under clause 14.5 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. (ii) 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 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 day's travel to a job site within the defined radius. 15. SITE ALLOWANCE 15.1 Seven days from the date certified by the Fair Work Commission a site allowance will be paid for all hours worked for Sydney sites, Central Coast & Wollongong sites, and NSW Country sites as per the tables below. 14 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
15.1.1 Sydney Sites
Plumber Drainer labourer
4th Year 3'd Year 2"d Year l't Year
(90%) (70%) (55%) (37.5%)
151 April
$2.80 $2.80 $2.44 $2.40 $2.00 $1.40 $1.05
2016
pt April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2017
l't April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2018
l't April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2019
15.1.2 Wollongong & Central Coast Sites
Plumber Drainer Labourer
4th Year 3'd Year 2"d Year 1'1 Year
(90%) {70%) (55%) (37.5%)
1'1 April
$2.50 $2.29 $2.01 $2.40 $2.00 $1.40 $1.05
2016
1'1 April
$3.60 $3.60 $3.00 $3.25 $2.50 $2.00 $1.45
2017
1'1 April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2018
1'1 April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2019
15.1.3 NSW Country Sites
Plumber Drainer Labourer
41h Year 3'd Year 2nd Year 1't Year
{90%) (70%) (55%) {37.5%)
1'1 April
$2.38 $2.19 $1.90 $2.40 $2.00 $1.40 $1.05
2016
1'1 April
$3.60 $3.40 $3.00 $3.25 $2.50 $2.00 $1.45
2017
1'1 April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2018
1'1 April
$3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45
2019
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15.1.1 Sydney Sites Plumber Drainer Labourer 4th Year 3rd Year 2nd Year 1st Year (90%) (70%) (55%) (37.5%) 1st April 2016 $2.80 $2.80 $2.44 $2.40 $2.00 $1.40 $1.05 1st April 2017 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 1st April 2018 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 1st April 2019 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 - 15.1.2 Wollongong & Central Coast Sites Plumber Drainer Labourer 4th Year 3rd Year 2nd Year 1st Year (90%) (70%) (55%) (37.5%) 1st April 2016 $2.50 $2.29 $2.01 $2.40 $2.00 $1.40 $1.05 1st April 2017 $3.60 $3.60 $3.00 $3.25 $2.50 $2.00 $1.45 1st April 2018 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 1st April 2019 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 15.1.3 NSW Country Sites Plumber Drainer Labourer 4th Year 3rd Year 2nd Year 1st Year (90%) (70% (55% (37.5%) 1st April 2016 $2.38 $2.19 $1.90 $2.40 $2.00 $1.40 $1.05 1st April 2017 $3.60 $3.40 $3.00 $3.25 $2.50 $2.00 $1.45 1st April 2018 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 1st April 2019 $3.60 $3.60 $3.60 $3.25 $2.50 $2.00 $1.45 15 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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
An employee required to work overtime for at least 1.5 hours after working
ordinary hours will be paid by their employer an amount of $12.47 to meet the
cost of a meal, plus an additional $12.47 for each subsequent four hours
worked. The employer may provide a meal or meals instead of paying any
such allowance.
16.3 Leading hand allowance:
1-10 employees = $35 per week.
1 0 + employees = $55 per week.
16.4 HotWork
(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 16.4(a).
16.5 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 16.5(a).
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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 An employee required to work overtime for at least 1.5 hours after working ordinary hours will be paid by their employer an amount of $12.47 to meet the cost of a meal, plus an additional $12.47 for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. 16.3 Leading hand allowance: 1-10 employees = $35 per week. 10 + employees = $55 per week. 16.4 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 16.4(a). 16.5 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 16.5(a). 16 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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
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:
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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 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: 17 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(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 17.4(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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(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 17.4(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 18 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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
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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 19 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(i) An employee, who proceeds to a job which qualifies for the
provisions of this subclause, may, after two months continuous
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 23- 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
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(i) An employee, who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous 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 23 - 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 20 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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.
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 Allowance, Site Allowance, Leading Hands allowances, and all
allowances specifically covered by the Superannuation Guarantee Charge
(SGC)
18.3 The Employer shall be a participating employer in the Cbus Superannuation
Scheme and all employees (including apprentices) shall be enrolled in Cbus
or BUSSQ and be entitled to superannuation benefits in accordance with the
terms of Cbus Trust Deed where applicable (paid monthly).
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.
(c) Work related injury or illness
In the event of an eligible employee's absence from work being due to
a work related injury or work related illness, contributions at the
normal rate will continue for the period of the absence provided that
the employee is receiving worker's compensation payments or is
receiving regular payments directly from the employer in accordance
with statutory requirements or the provisions of this Agreement and
the person remains an employee of the employer.
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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. 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 Allowance, Site Allowance, Leading Hands allowances, and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 18.3 The Employer shall be a participating employer in the Cbus Superannuation Scheme and all employees (including apprentices) shall be enrolled in Cbus or BUSSQ and be entitled to superannuation benefits in accordance with the terms of Cbus Trust Deed where applicable (paid monthly). 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 eave, 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. (c) Work related injury or illness In the event of an eligible employee's absence from work being due to a work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that the employee is receiving worker's compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Agreement and the person remains an employee of the employer. 21 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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 18.2 and
18.4 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 Cbus Trust Deed where applicable.
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 employer will participate in the ACIRT Redundancy Scheme or other
equivalent Redundancy Scheme/Fund as agreed between the employer and
employees and make contributions to the Scheme in accordance with this
clause for each employee.
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:
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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 18.2 and 18.4 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 Cbus Trust Deed where applicable. 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 employer will participate in the ACIRT Redundancy Scheme or other equivalent Redundancy Scheme/Fund as agreed between the employer and employees and make contributions to the Scheme in accordance with this clause for each employee. 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: 22 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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 weeks1 pay
4.8 weeks] pay plus] for all service
2 years or more but less than 3 in excess of 2 years1 1.6 hours pay
Years per completed week of service up
to a maximum of7 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.
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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 4.8 weeks' pay plus, for all service 2 years or more but less than 3 in excess of 2 years, 1.6 hours pay Years 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. 23 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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.
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
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:
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(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. 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 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: 24 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(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.
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 Fair
Work Act 2009, 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
• Work Health and Safety 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 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.
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(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. 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 Fair Work Act 2009, 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 Work Health and Safety 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. 25 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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 7.00 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
hour on each day worked accruing as an entitlement to a paid leisure
day (PLD) to be paid in accordance with arrangements contained at sub
clause 23.2.(c)
(b) 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) ACT- 0.8 hours (48 minutes) accrued per day worked or per day
of paid leave taken;
(iii) Other geographical areas- Wollongong, Central Coast, NSW
Country areas and apprentices; 0.4 hours (24 minutes) accrued
per day worked or per day of paid leave taken.
(iv) An employee is not entitled to accrue the time provided for in
23.1 (a) whilst on an ROO or PLD.
23.2 Clearing of Rostered Days Off and Paid Leisure Days
(a) The ROO Calendars for 2017, 2018 & 2019 are pertained in Appendix
5 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 5 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)
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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 7.00 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 hour on each day worked accruing as an entitlement to a paid leisure day (PLD) to be paid in accordance with arrangements contained at sub clause 23.2.(c) (b) 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) ACT - 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; (iii) Other geographical areas - Wollongong, Central Coast, NSW Country areas and apprentices; 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken. (iv) 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 and Paid Leisure Days (a) The RDO Calendars for 2017, 2018 & 2019 are pertained in Appendix 5 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 5 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) 26 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(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.
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) When an employee is required to work overtime after the usual ceasing
time for the day for two hours or more, the employee will be allowed to
take without deduction of pay, a rest break of 20 minutes in duration
immediately after such ceasing time and thereafter, after each four hours
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(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. 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) When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours 27 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
of continuous work, the employee will be allowed to take also, without
deduction of pay, a rest break of 30 minutes in duration.
(b) In the event of an employee remaining at work after the usual ceasing
time without taking the rest break of 20 minutes and continuing at work
for a period of two hours or more, the employee will be regarded as
having worked 20 minutes more than the time worked and be paid
accordingly.
(c) 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.
(d) 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
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 three 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 three 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
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of continuous work, the employee will be allowed to take also, without deduction of pay, a rest break of 30 minutes in duration. (b) In the event of an employee remaining at work after the usual ceasing time without taking the rest break of 20 minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly. (c) 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. - (d) 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 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 three 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 three 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 28 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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
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 a 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 a Sunday or will be paid for four
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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 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 a 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 a Sunday or will be paid for four 29 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
hours on a Saturday or 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.
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 28 - 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.
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hours on a Saturday or 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. 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 28 - 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. 30 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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.
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
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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. 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 31 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Easter Saturday Christmas Day
Easter Monday Boxing Day
Further, an employee will be entitled to 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.
In addition to the above mentioned holidays the following public holiday will
apply in the City of Newcastle - Show Day. This public holiday will be
observed on the local Show Day as gazetted for the City of Newcastle when
that day, in the locality of the employer's premises, occurs on an employee's
ordinary working day.
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 28.
28.2 Termination
(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.
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Easter Saturday Christmas Day Easter Monday Boxing Day Further, an employee will be entitled to 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. In addition to the above mentioned holidays the following public holiday will apply in the City of Newcastle - Show Day. This public holiday will be observed on the local Show Day as gazetted for the City of Newcastle when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day. 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 28. 28.2 Termination (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. 32 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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 be requested by the employer to
entitle the employee for payment for the Family Picnic Day.
28.4 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 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). If not taken within six months from the date it accrued, either the
employer or employee may give at least four weeks' notice of the dates
when all, or part of the accrued leave will be taken.
(b) Where an employee requests that leave be allowed in one continuous
period such request will not be unreasonably refused.
(c) Continuous shift workers will be entitled to 5 weeks of paid annual leave,
in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth)
(d) 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.
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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 be requested by the employer to entitle the employee for payment for the Family Picnic Day. 28.4 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 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). If not taken within six months from the date it accrued, either the employer or employee may give at least four weeks' notice of the dates when all, or part of the accrued leave will be taken. (b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) (d) 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. 33 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
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
Where an employee 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.
(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
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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 Where an employee 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. (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 34 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(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).
Paid personal leave will be available to an employee when they are absent
due to:
(i) personal illness or injury (sick leave); or
(ii) providing care or support to a member of the employee's immediate
family or a member of the employee's household who requires care or
support because of:
• a personal illness or injury, or
• an unexpected emergency affecting the employee (carer's
leave).
30.2 The amount of personal leave to which an employee is entitled is as follows:
(a) One day in the first month and then one additional day at the beginning
of each of the next nine calendar months, will be available in the first
year of employment, and
(b) Ten days at the beginning of the employee's second and each
subsequent year which, subject to 30.5 will commence on the
anniversary of engagement.
(c) An employee's personal leave entitlement is the current year's personal
leave plus any accumulated personal leave available to the employee.
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(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). Paid personal leave will be available to an employee when they are absent due to: (i) personal illness or injury (sick leave); or (ii) providing care or support to a member of the employee's immediate family or a member of the employee's household who requires care or support because of: a personal illness or injury, or . an unexpected emergency affecting the employee (carer's leave). 30.2 The amount of personal leave to which an employee is entitled is as follows: (a) One day in the first month and then one additional day at the beginning of each of the next nine calendar months, will be available in the first year of employment, and (b) Ten days at the beginning of the employee's second and each subsequent year which, subject to 30.5 will commence on the anniversary of engagement. (c) An employee's personal leave entitlement is the current year's personal leave plus any accumulated personal leave available to the employee. 35 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
30.3 In any year unused personal leave accumulates at the rate of the lesser of:
(a) Ten days less the number of sick leave and carer's leave days taken
from the current year's personal leave entitlements;
(b) The balance of that year's unused personal leave.
30.4 Personal leave accumulates from year to year.
30.5 If an employee is terminated by the employer and is re-engaged within a
period of six months then the employee's unclaimed balance of personal leave
will continue from the date of re-engagement.
30.6 In such a case the employee's next year of service will commence after a total
of twelve months has been served with the employer (excluding the period of
interruption in service) since either:
(a) The employee was first engaged, or
(b) The anniversary of their original engagement as appropriate.
30.7 Immediate family or household
(a) The entitlement to use personal leave for the purpose of carer's or
bereavement leave is subject to the person in respect of whom the leave
is being taken being either:
(i) a member of the employee's immediate family; or
(ii) a member of the employee's household
(b) The term immediate family includes:
(i) spouse (including a former spouse, a de facto spouse and a
former de facto spouse) of the employee. A de facto spouse
means a person of the same or opposite sex to the employee who
lives with the employee as husband or wife on a bona fide
domestic basis; and
(ii) child or an adult child (including an adopted child, a step child or
an ex-nuptial child), parent, grandparent, grandchild or sibling of
the employee or spouse of the employee.
30.8 Sick leave
The provision of sick leave under this agreement shall be in accordance with
the National Employment Standards (NES).
30.9 Carer's leave
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30.3 In any year unused personal leave accumulates at the rate of the lesser of: (a) Ten days less the number of sick leave and carer's leave days taken from the current year's personal leave entitlements; (b) The balance of that year's unused personal leave. 30.4 Personal leave accumulates from year to year. 30.5 If an employee is terminated by the employer and is re-engaged within a period of six months then the employee's unclaimed balance of personal leave will continue from the date of re-engagement. 30.6 In such a case the employee's next year of service will commence after a total of twelve months has been served with the employer (excluding the period of interruption in service) since either: (a) The employee was first engaged, or (b) The anniversary of their original engagement as appropriate. 30.7 Immediate family or household (a) The entitlement to use personal leave for the purpose of carer's or bereavement leave is subject to the person in respect of whom the leave is being taken being either: (i) a member of the employee's immediate family; or (ii) a member of the employee's household (b) The term immediate family includes: (i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the same or opposite sex to the employee who lives with the employee as husband or wife on a bona fide domestic basis; and (ii) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 30.8 Sick leave The provision of sick leave under this agreement shall be in accordance with the National Employment Standards (NES). 30.9 Carer's leave 36 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
The provision of carer's leave under this agreement shall be in accordance
with the National Employment Standards (NES).
31. COMPASSIONATE LEAVE
The provision of Compassionate leave under this agreement shall be in
accordance with the National Employment Standards (NES).
32. PARENTAL LEAVE
The provision of parental leave under this agreement shall be in accordance
with the National Employment Standards (NES).
33. 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 Work Health and Safety Act 2011.
34. INCLEMENT WEATHER
34.1 Inclement weather will mean the existence of abnormal climatic conditions
such as rain, hail, snow, cold, high wind, severe dust storm, extreme of high
temperature or the like (or any combination of these) during which it is either
not reasonable or not safe for employees exposed thereto to continue
working.
34.2 Process to be followed:
• Employees or their representative may request to meet with the employer
or their representative for the purposes of determining whether or not
conditions are inclement. Such meeting shall occur within 30 minutes of
the scheduled starting time or the weather becoming inclement;
• Employees are required to remain on the site until this meeting has
occurred and a decision has been made; and
• If the employer refuses to meet within this time, employees will be entitled
to cease work for the rest of the day and be paid in accordance with this
clause.
34.3 Once the meeting has occurred, the following shall apply:
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The provision of carer's leave under this agreement shall be in accordance with the National Employment Standards (NES). 31. COMPASSIONATE LEAVE The provision of Compassionate leave under this agreement shall be in accordance with the National Employment Standards (NES). 32. PARENTAL LEAVE - The provision of parental leave under this agreement shall be in accordance with the National Employment Standards (NES). 33. 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 Work Health and Safety Act 2011. 34. INCLEMENT WEATHER 34.1 Inclement weather will mean the existence of abnormal climatic conditions such as rain, hail, snow, cold, high wind, severe dust storm, extreme of high temperature or the like (or any combination of these) during which it is either not reasonable or not safe for employees exposed thereto to continue working. 34.2 Process to be followed: . Employees or their representative may request to meet with the employer or their representative for the purposes of determining whether or not conditions are inclement. Such meeting shall occur within 30 minutes of the scheduled starting time or the weather becoming inclement; Employees are required to remain on the site until this meeting has occurred and a decision has been made; and If the employer refuses to meet within this time, employees will be entitled to cease work for the rest of the day and be paid in accordance with this clause. 34.3 Once the meeting has occurred, the following shall apply: 37 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Transfers
34.4 Employees may be transferred to an area or site not affected by inclement
weather if useful work that is within the scope of the employees' skill,
competence and training consistent with the classification structure of this
agreement is available at that site, provided:
• a covered walk-way and or adequate protection for the employee and their
tools has been provided to access the new site or to access vehicles to
transport the employees to the new site;
• the new site is under cover and the employees can get to the dry area
without going through the rain;
• adequate protection for the employee's tools is provided; and
• Employees have access to all amenities without having to walk through
the rain.
34.5 Where an employee is required to transfer from one site to another they will
be reimbursed the cost of transport at the rate of $0.78 per kilometer.
Remaining on Site
34.6 Where, because of inclement weather, the employees are prevented from
working and have been sitting in the sheds for:
• more than an accumulated total of 4 hours of ordinary time in any 1 day;
or
• more than 50 percent of the normal afternoon work time after the meal
break; or
• more than 50 percent of the normal afternoon work time after the meal
break; or
• more than an accumulated total of one hour during the final 2 hours of the
normal work day; or
• the reason that they are unable to access the amenities.
34.7 Employees will be entitled to cease work and leave the site for the day and
shall be paid in accordance with this clause.
Rain at Starting Time or During Breaks
34.8 When the employees are in the sheds, be it at starting time, break time or
lunch time, and it is raining, they are to remain in the sheds.
34.9 Employees may be required to go to work in a dry area or be transferred to
another site that is not affected by the inclement weather provided:
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Transfers 34.4 Employees may be transferred to an area or site not affected by inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site, provided: a covered walk-way and or adequate protection for the employee and their tools has been provided to access the new site or to access vehicles to transport the employees to the new site; the new site is under cover and the employees can get to the dry area without going through the rain; . adequate protection for the employee's tools is provided; and Employees have access to all amenities without having to walk through the rain. 34.5 Where an employee is required to transfer from one site to another they will be reimbursed the cost of transport at the rate of $0.78 per kilometer. Remaining on Site 34.6 Where, because of inclement weather, the employees are prevented from working and have been sitting in the sheds for: . more than an accumulated total of 4 hours of ordinary time in any 1 day; or . more than 50 percent of the normal afternoon work time after the meal break; or . more than 50 percent of the normal afternoon work time after the meal break; or more than an accumulated total of one hour during the final 2 hours of the normal work day; or . the reason that they are unable to access the amenities. 34.7 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. Rain at Starting Time or During Breaks 34.8 When the employees are in the sheds, be it at starting time, break time or lunch time, and it is raining, they are to remain in the sheds. 34.9 Employees may be required to go to work in a dry area or be transferred to another site that is not affected by the inclement weather provided: 38 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
• a covered walk-way and or adequate protection for the employee and their
tools has been provided;
• the sheds are under cover and the employees can get to the dry area
without going through the rain; and
• Employees have access to all amenities.
Employees Required to Work in Inclement Weather
34.10 The employer may only request an employee work in inclement weather in
the event of an emergency or issue affecting health and safety on
site. Employees are only obliged to perform such work as is essential to
overcome the emergency and to restore an acceptable service and/or to
secure or make safe as circumstances require. Employees engaged on such
work will be paid at the rate of double time.
34.11 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.
34.12 If the employee's clothing becomes wet as a result of working in wet weather
and they do not have a change of dry work clothes, they will be entitled, at
the completion of the work, to cease work for the day without loss of pay.
Entitlement to Payments
34.13 Should employees be sent home or not required to attend work due to
inclement weather they shall be entitled to payment by their employer for
ordinary time lost for up to, but not more than 32 hours in every period of 4
weeks.
34.14 The following conditions will apply:
• 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;
• The employee will be credited with 32 hours at the commencement of
each four weekly period. Hours will not accumulate or be carried over;
• When an employee commences employment during a four weekly period
they will be credited eight hours for each week, or part of a week, that they
are employed during the four weekly period; and
• The number of hours credited to an employee will be reduced by the
number of hours for which payment is made.
34.15 Payment under this clause will be weekly.
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a covered walk-way and or adequate protection for the employee and their tools has been provided; . the sheds are under cover and the employees can get to the dry area without going through the rain; and Employees have access to all amenities. Employees Required to Work in Inclement Weather 34.10 The employer may only request an employee work in inclement weather in the event of an emergency or issue affecting health and safety on site. Employees are only obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make safe as circumstances require. Employees engaged on such work will be paid at the rate of double time. 34.11 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. 34.12 If the employee's clothing becomes wet as a result of working in wet weather and they do not have a change of dry work clothes, they will be entitled, at the completion of the work, to cease work for the day without loss of pay. Entitlement to Payments 34.13 Should employees be sent home or not required to attend work due to inclement weather they shall be entitled to payment by their employer for ordinary time lost for up to, but not more than 32 hours in every period of 4 weeks. 34.14 The following conditions will apply: . 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; The employee will be credited with 32 hours at the commencement of each four weekly period. Hours will not accumulate or be carried over; When an employee commences employment during a four weekly period they will be credited eight hours for each week, or part of a week, that they are employed during the four weekly period; and The number of hours credited to an employee will be reduced by the number of hours for which payment is made. 34.15 Payment under this clause will be weekly. 39 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
35. PROTECTIVE CLOTHING
35.1 Within 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 to the value of up to $125.00
(d) One (1) Jacket
35.2 Protective Clothing shall be replaced on a fair wear and tear basis.
35.3 The protective clothing detailed above shall be divided into two issues and
distributed to employees as a summer and winter issue.
35.4 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.
35.5 The clothing detailed above can be varied following agreement between the
employer and the consultative committee.
36. COMPENSATION FOR TOOLS AND CLOTHING
36.1 An employee whose clothes, spectacles, hearing aid, or tools have been
accidentally spoilt by acid, sulphur or other substances will be paid such
amount to cover the loss as may be agreed upon with their employer.
36.2 An employee will be reimbursed by the employer to a maximum of $1308.10
for loss of tools or clothing by fire or breaking and entering whilst securely
stored at the employer's direction in a room or building on the employer's
premises, job or workshop or if the tools are lost or stolen while being
transported by the employee at the employers' direction, or if the tools are
accidentally lost over water or if tools are lost or stolen during an employee's
absence after leaving the job because of injury or illness. An employee
transporting their own tools will take all reasonable care to protect those tools
and prevent theft or loss.
36.3 Where an employee is absent from work because of illness or accident and
has advised the employer in accordance with clause 30 - Personal leave, the
employer will ensure that the employee's tools are securely stored during
his/her absence. In the event that these tools are lost or stolen, clause 36.2
applies.
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35. PROTECTIVE CLOTHING 35.1 Within 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 to the value of up to $125.00 (d) One (1) Jacket 35.2 Protective Clothing shall be replaced on a fair wear and tear basis. 35.3 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 35.4 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. 35.5 The clothing detailed above can be varied following agreement between the employer and the consultative committee. 36, COMPENSATION FOR TOOLS AND CLOTHING 36.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss as may be agreed upon with their employer. 36.2 An employee will be reimbursed by the employer to a maximum of $1308.10 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or if the tools are lost or stolen while being transported by the employee at the employers' direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 36.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 30 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 36.2 applies. 40 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
36.4 When the employer requires an employee to wear spectacles with toughened
glass lenses the employer will pay for the toughening process or the cost of
the new lenses.
36.5 For the purposes of this clause:
(a) Only tools used by the employee in the course of their employment will
be covered by this clause. In that regard a list of tools appropriate for this
purpose is contained at Appendix 3.
(b) The employee will, if requested to do so, furnish the employer with a list
of tools so used.
(c) Reimbursement will be at the current replacement value of new tools of
the same or comparable quality.
(d) The employee will report any theft to the company and the police prior to
making a claim on the employer for replacement of stolen tools.
37. 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 34 - Inclement Weather, will apply.
38. 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 Travel Allowance. 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.
39. DISPUTES SETTLEMENT PROCEDURES
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36.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 36.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained at Appendix 3. (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. (c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the company and the police prior to making a claim on the employer for replacement of stolen tools. 37 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 34 - Inclement Weather, will apply. 38. 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 Travel Allowance. 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. 39. DISPUTES SETTLEMENT PROCEDURES 41 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
39.1 A major objective of this Agreement is to eliminate lost time and/or production
arising out of disputes or grievances. Disputes over any work related or
industrial matter or any matters arising out of the operation of the Agreement or
disputes concerning the National Employment Standards or incidental to the
operation of the Agreement should be dealt with as close to its source as
possible. Disputes over matters arising from this Agreement or disputes
concerning the National Employment Standards (or any other dispute related to
the employment relationship) shall be dealt with according to the following
procedure.
39.2 In the event of any work related grievance arising between the Enterprise and
an employee or employees, the matter shall be dealt with in the following
manner where at each step an employee may be represented including for the
purposes of a formal determination procedure by the Fair Work Commission:
(a) The matter shall be first submitted by the employee/s or his/her employee
representative or other representative to the site foreperson, supervisor or
the other appropriate site representative of the Enterprise, and if not settled,
to a more senior Enterprise representative.
(b) Alternatively, the Enterprise may submit an issue to the employee/s who may
seek the assistance and involvement of the employee representative or other
representative.
(c) Work shall continue without interruption from industrial stoppages, bans
and/or limitations while these procedures are being followed. The pre-dispute
status quo shall prevail while the matter is being dealt with in accordance with
this procedure.
(d) If still not resolved, there may be discussions between the relevant Employee
Representative official (if requested by the employee/s), or other
representative of the employee, and senior Enterprise representative.
(e) The relevant Employee Representative commits to make him/herself
available to be involved at any stage of the procedure as required, or in
respect of any potential dispute.
(f) Either party may, refer the matter to the Fair Work Commission (FWC) for
review. The FWC may exercise its conciliation and/or arbitration powers in
such review.
39.3 This procedure shall be followed in good faith without unreasonable delay.
39.4 If any party fails or refuses to follow any step of this procedure the non-breaching
party will not be obligated to continue through the remaining steps of the
procedure, and may immediately seek relief by application to the FWC.
39.5 Conciliation
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39.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or disputes concerning the National Employment Standards or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement or disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 39.2 In the event of any work related grievance arising between the Enterprise and an employee or employees, the matter shall be dealt with in the following manner where at each step an employee may be represented including for the - purposes of a formal determination procedure by the Fair Work Commission: (a) The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Enterprise, and if not settled, to a more senior Enterprise representative. (b) Alternatively, the Enterprise may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. (c) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. (d) If still not resolved, there may be discussions between the relevant Employee Representative official (if requested by the employee/s), or other representative of the employee, and senior Enterprise representative. (e) The relevant Employee Representative commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. (f) Either party may, refer the matter to the Fair Work Commission (FWC) for review. The FWC may exercise its conciliation and/or arbitration powers in such review. 39.3 This procedure shall be followed in good faith without unreasonable delay. 39.4 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the FWC. 39.5 Conciliation 42 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(a) The person(s) who raised the dispute, or his or her expressly nominated
representative (organisation or agent), may refer the dispute to the FWC for
private conciliation.
(b) Before the process commences the FWC may confer with the parties
informally about matters of procedure, such as:
i. the presentation of each side's position (whether oral or in writing);
ii. confidentiality requirements;
iii. representation at the private conciliation;
iv. timing, location and duration of the conciliation;
v. whether a telephone conference is all that is needed in the first instance;
and
vi. any further particulars about the FWC's role in relation to establishing
procedures.
(c) Subject to the preceding clause, it is agreed that the FWC will observe
confidentiality about all aspects of the dispute, and, consistent with its
expected role to this point, may do such things as:
i. help the parties identify and define the matters in dispute;
ii. help the parties to develop a procedure which is aimed at achieving
resolution of the dispute quickly, fairly and cost-effectively;
iii. where appropriate, suggest particular dispute resolution techniques for
individual issues aimed at narrowing the matters in dispute quickly,
fairly and cost-effectively; and
iv. act as the facilitator of direct negotiations between the parties.
(d) The parties further agree that during the conciliation, the FWC may, at its
discretion, discuss the matter(s) in dispute privately with any of the parties to
the dispute or their representatives. The FWC shall keep confidential the
content of any such discussion, and shall not expressly or impliedly convey
the content of such discussion (or part thereof) unless specifically authorised
to do so.
(e) If the FWC is of the view that having completed the above process the
matter(s) in dispute remains unresolved, it may:
i. make suggestions for resolution of the dispute;
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(a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the FWC for private conciliation. (b) Before the process commences the FWC may confer with the parties informally about matters of procedure, such as: i. the presentation of each side's position (whether oral or in writing); ii. confidentiality requirements; iii. representation at the private conciliation; iv. timing, location and duration of the conciliation; V. whether a telephone conference is all that is needed in the first instance; and vi. any further particulars about the FWC's role in relation to establishing procedures. (c) Subject to the preceding clause, it is agreed that the FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: i. help the parties identify and define the matters in dispute; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; and iv. act as the facilitator of direct negotiations between the parties. (d) The parties further agree that during the conciliation, the FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The FWC shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. (e) If the FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: i. make suggestions for resolution of the dispute; 43 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
ii. express opinions as to what would constitute a reasonable resolution of
the dispute, or any part thereof; or
iii. if the matter in dispute is not resolved, it may within seven (7) days of
notice of termination provide a written report to the parties expressing
the FWC's opinion of what would constitute a reasonable resolution of
the dispute, or any part thereof.
(f) Any function performed by the FWC in this regard is advisory only, and is not
binding upon the parties.
39.6 Formal Determination
(a) If the matter(s) in dispute remain unresolved the FWC may make a formal
determination.
(b) The FWC, in making it's formal determination, will ensure that the formal
determination be consistent with the "Code for the Tendering and
Performance of Building Work 2016".
(c) The parties agree to abide by the determination.
(d) An employee/s may be represented for the purposes of a formal
determination procedure by the Fair Work Commission.
(e) Before making its determination the FWC will give the parties an opportunity
to be heard formally on the matter(s) in dispute. In making its determination
the FWC will only have regard to the materials, including witness evidence,
and submissions put before it at the hearing and will disregard any
admissions, concessions, offers or claims made in mediation.
(f) The FWC can make and issue directions in relation to the process leading to
its determination and the parties will abide by those directions.
(g) The FWC will provide the determination in writing to the parties as quickly as
practicable after hearing the parties. A determination of the disputed matter
or matters will not constitute an order by the FWC under the Fair Work Act
2009.
39.7 This procedure shall be followed in good faith without unreasonable delay.
39.8 If any party fails or refuses to follow any step of this procedure the non-breaching
party will not be obligated to continue through the remaining steps of the
procedure, and may immediately seek relief by application to the FWC.
40. ANTI-DISCRIMINATION
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ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the FWC's opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. (f) Any function performed by the FWC in this regard is advisory only, and is not binding upon the parties. 39.6 Formal Determination (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The FWC, in making it's formal determination, will ensure that the formal determination be consistent with the "Code for the Tendering and Performance of Building Work 2016". (c) The parties agree to abide by the determination. (d) An employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Act 2009. 39.7 This procedure shall be followed in good faith without unreasonable delay. 39.8 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the FWC. 40. ANTI-DISCRIMINATION 44 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
40.1 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.
40.2 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.
40.3 Nothing in this clause is to be taken to affect any different treatment (or
treatment having different effects) which is specifically exempted under the
Commonwealth Anti-Discrimination Legislation;
41. 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.
42. WORKPLACE FLEXIBILITY
42.1 The terms of the Agreement may be varied by an individual flexibility
arrangement ("IF A").
42.2 The Employer will not make an IFA unless the following conditions are
satisfied:
42.3 The IFA must be about matters that would be permitted matters if the
arrangement were an enterprise agreement;
42.4 The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement;
42.5 The IFA must be genuinely agreed to by the employer and the employee;
42.6 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.
42.7 The IFA must be able to be terminated:
42.8 by either the employee, or the employer, giving written notice of not more than
28 days; or
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40.1 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. 40.2 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. 40.3 Nothing in this clause is to be taken to affect any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth Anti-Discrimination Legislation; 41. 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. 42. WORKPLACE FLEXIBILITY 42.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 42.2 The Employer will not make an IFA unless the following conditions are satisfied: 42.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; 42.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; 42.5 The IFA must be genuinely agreed to by the employer and the employee; 42.6 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. 42.7 The IFA must be able to be terminated: 42.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 45 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
42.9 by the employee and the employer at any time if they agree, in writing, to the
termination.
42.10 The IFA must be in writing and signed:
42.11 in all cases by the employee and the employer; and
42.12 if the employee is under 18 by a parent or guardian of the employee; and
42.5 The IFA must be given to the employee within 14 days after it is agreed to.
43. MODEL CONSULTATION CLAUSE
43.1 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
43.2 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) subclauses 43.3 to 43.9 apply.
43.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.4 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.
43.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
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42.9 by the employee and the employer at any time if they agree, in writing, to the termination. 42.10 The IFA must be in writing and signed: 42.11 in all cases by the employee and the employer; and 42.12 if the employee is under 18 by a parent or guardian of the employee; and 42.5 The IFA must be given to the employee within 14 days after it is agreed to. 43. MODEL CONSULTATION CLAUSE 43.1 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 43.2 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) subclauses 43.3 to 43.9 apply. 43.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.4 1 (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. 43.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: 46 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
(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.
43.6 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
43.7 The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
43.8 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.
43.9 In this term, a major change is likely to have a significant effect on employees if
it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer's
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
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(i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and 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. 43.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 43.8 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. 43.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work 47 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
43.10 For a change referred to in paragraph 43.1 (b):
(a) the employer must notify the relevant employees of the proposed change;
and
(b) subclauses 43.11 to 43.15 apply.
43.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.12 If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
43.13 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).
43.14 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
43.15 The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
43.16 In this term:
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43.10 For a change referred to in paragraph 43.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 43.11 to 43.15 apply. 43.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 43.13 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) 43.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 43.16 In this term: 48 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
relevant employees means the employees who may be affected by a change
referred to in subclause 43. 1.
44. SHAM CONTRACTING
44.1 The parties to this Agreement acknowledge that sham contracting has the
potential to undermine fair employment practices, erode employee
entitlements and affect the job security of employees covered by this
Agreement. A sham contracting arrangement includes where an employer
attempts to disguise an employment relationship as an independent
contracting arrangement. This is usually done for the purposes of avoiding for
employee entitlements.
44.2 Sham contracting means sham arrangements as described in Part 3-1,
Division 6 of the Fair Work Act.
44.3 In this clause, "Sham Contracting" is where;
a) An employer employs, or proposes to employ, an individual,
representing to the individual that the contract of employment under
which the individual is, or would be, employed by the employer is a
contract for services under which the individual performs, or would
perform, work as an independent contractor.
b) An employer dismisses, or threatens to dismiss, an individual who is an
employee of the employer and performs particular work for the employer
in order to engage the individual as an independent contractor to
perform the same, or substantially the same, work under a contract for
services; or
c) An employer employs, or has at any time employed, an individual to
perform particular work makes a statement that the employer knows is
false in order to persuade or influence the individual to enter into a
contract for services under which the individual will perform, as an
independent contractor, the same, or substantially the same, work for
the employer.
44.4 Clause 44.3a does not apply if the employer proves that, when the representation
was made, the employer did not know and was not reckless as to whether the
contract was a contract of employment rather than a contract for services.
44.5 Any use of sham contracting is a breach of this agreement.
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relevant employees means the employees who may be affected by a change referred to in subclause 43.1. 44. SHAM CONTRACTING 44.1 The parties to this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. - 44.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 44.3 In this clause, "Sham Contracting" is where; a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 44.4 Clause 44.3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 44.5 Any use of sham contracting is a breach of this agreement. 49 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
44.6 Where a sham contracting arrangement has been reasonably alleged and is
unable to be resolved at the workplace level, any party may refer the allegation
directly to the FWC for conciliation and/or resolution under clause 44.5 of this
agreement. All parties will cooperate with the requests of the FWC including
requests to provide substantiating information or undertaking an independent
audit of their arrangements. For the avoidance of doubt, an effected employee
may appoint a representative in relation to such matters.
44.7 Where the sham contracting allegation exists on the employers project or
workplace, the employer will make itself available to assist in the dispute
resolution procedure.
44.8 Where it is agreed or determined by the FWC that a sham contract was in place
and the person was in fact an employee under this agreement, the calculation
for packpay will be calculated on the basis of the hourly rate contained in this
agreement plus site allowance and an additional 85% loading to cover
entitlements other than CBUS and ACIRT. Any difference between the hourly
rate paid to the employee, plus CBUS and ACIRT will form the settlement for
the breach of this clause. The affected employee will be re-inducted and fully
informed of their entitlements under this agreement and the FWA.
44.9 The employer must ensure that a personengaged to undertake work as an
employee or as an independent contractor is lawfully entitled to be so engaged
under Australian law.
45. 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.
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.
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44.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 44.5 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 44.7 Where the sham contracting allegation exists on the employers project or workplace, the employer will make itself available to assist in the dispute resolution procedure. - 44.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation for packpay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and ACIRT. Any difference between the hourly rate paid to the employee, plus CBUS and ACIRT will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 44.9 The employer must ensure that a personengaged to undertake work as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law. 45. 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. 50 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
46. EMPLOYEE REPRESENTATION
Clauses 46.1, 46.2 and 46.3 of this agreement outline the rights for Employee
Representatives and Union Delegates when assisting employees. For clarity, each
employee has the right to determine whether they wish to be represented by a Union
Delegate, Employee Representative, another representative of their choosing or not at
all.
46.1 Representation
46.1.1 The parties recognise the role the employees representative has in seeking to
ensure industrial harmony at the workplace. Further the parties recognise that
the representative is a first point of contact for an employee who has an
employment related grievance or a grievance, query or concern arising under
the terms of the agreement.
46.1.2 A union delegate/employee representative shall, upon notification to the
employer be recognised as an accredited representative of the employees
and, if an employee seeks representation by the representative, that
representative will be allowed all necessary time during working hours to
submit to the employer employment related matters affecting the employees
he/she represents. At all other times the union delegate/employee
representative will perform productive work within his/her range of
qualifications and competence. Further, the union delegate/employee
representative shall be allowed reasonable time during working hours to
attend to such matters affecting the employees including the right to attend
appropriate meetings, FWC hearings and the like.
46.1.3 The parties recognise that union delegate/employee representatives may be
involved in assisting employees where requested pursuant to the dispute
resolution procedure of this agreement.
46.2 Union Delegate Rights
46.2.1 Where an employee has been elected as a Union Delegate, the employer will
recognise the following rights;
a) The right to be treated fairly and to perform their role without any
discrimination in their employment;
b) For the Union Delegate to represent an employee where requested in
relation to a grievance, dispute or a discussion with a member of the union;
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46. EMPLOYEE REPRESENTATION Clauses 46.1, 46.2 and 46.3 of this agreement outline the rights for Employee Representatives and Union Delegates when assisting employees. For clarity, each employee has the right to determine whether they wish to be represented by a Union Delegate, Employee Representative, another representative of their choosing or not at all. 46.1 Representation 46.1.1 The parties recognise the role the employees representative has in seeking to ensure industrial harmony at the workplace. Further the parties recognise that the representative is a first point of contact for an employee who has an employment related grievance or a grievance, query or concern arising under the terms of the agreement. 46.1.2 A union delegate/employee representative shall, upon notification to the employer be recognised as an accredited representative of the employees and, if an employee seeks representation by the representative, that representative will be allowed all necessary time during working hours to submit to the employer employment related matters affecting the employees he/she represents. At all other times the union delegate/employee representative will perform productive work within his/her range of qualifications and competence. Further, the union delegate/employee representative shall be allowed reasonable time during working hours to attend to such matters affecting the employees including the right to attend appropriate meetings, FWC hearings and the like. 46.1.3 The parties recognise that union delegate/employee representatives may be involved in assisting employees where requested pursuant to the dispute resolution procedure of this agreement. 46.2 Union Delegate Rights 46.2.1 Where an employee has been elected as a Union Delegate, the employer will recognise the following rights; a) The right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Union Delegate to represent an employee where requested in relation to a grievance, dispute or a discussion with a member of the union; 51 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
c) The right to place information related to permitted matters on a notice board
in a prominent location in the workplace except that the material must not
breach freedom of association, privacy and other applicable laws;
d) The right to paid time to attend industrial tribunals and/or courts where they
have been requested to do so by an employee (which may include
themselves) whom they represent in a particular dispute in their workplace;
e) The right to paid time to assist and represent employees who have
requested them to represent them in respect of a dispute arising in their
workplace; and
f) The right to represent the interests of members in their workplace to the
union, the employer and industrial tribunals/courts.
g) This clause does not provide for a non-working Union Delegate.
46.3 Employee Represntative Rights
46.3.1 Where an employee has been elected as a Employee Representative, the
employer will recognise the following rights;
a) The right to be treated fairly and to perform their role without any
discrimination in their employment;
b) For the Employee Representative to represent an employee where
requested in relation to a grievance, dispute or a discussion;
c) The right to place information related to permitted matters on a notice board
in a prominent location in the workplace except that the material must not
breach freedom of association, privacy and other applicable laws;
d) The right to paid time to attend industrial tribunals and/or courts where they
have been requested to do so by an employee (which may include
themselves) whom they represent in a particular dispute in their workplace;
e) The right to paid time to assist and represent employees who have
requested them to represent them in respect of a dispute arising in their
workplace; and
f) The right to represent the interests of employees who request their
assistance in their workplace to the employer and industrial tribunals/courts.
g) This clause does not provide for a non-working Employee Representative.
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c) The right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; d) The right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an employee (which may include themselves) whom they represent in a particular dispute in their workplace; e) The right to paid time to assist and represent employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) The right to represent the interests of members in their workplace to the union, the employer and industrial tribunals/courts. g) This clause does not provide for a non-working Union Delegate. 46.3 Employee Represntative Rights 46.3.1 Where an employee has been elected as a Employee Representative, the employer will recognise the following rights; a) The right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Employee Representative to represent an employee where requested in relation to a grievance, dispute or a discussion; c) The right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; d) The right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an employee (which may include themselves) whom they represent in a particular dispute in their workplace; e) The right to paid time to assist and represent employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) The right to represent the interests of employees who request their assistance in their workplace to the employer and industrial tribunals/courts. g) This clause does not provide for a non-working Employee Representative. 52 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Appendix 1 - Laggers & Labourers (36 Hour Divisor)
1April2016 Laggers Labourer
Hourly Rate $30.21 $25.00
Total Weekly Rate $1087.56 $900.00
Fares (per day) $20.71 $20.71
Travel (per day) $32.00 $32.00
Time& 1/2 $45.32 $37.50
Double Time $60.42 $50.00
1April2017 Laggers Labourer
Hourly Rate $30.81 $25.50
Total Weekly Rate $1109.16 $918.00
Fares (per day) $20.71 $20.71
Travel (per day) $32.00 $32.00
Time& 1/2 $46.22 $38.25
Double Time $61.62 $51.00
1 April2018 Laggers Labourer
Hourly Rate $32.04 $26.52
Total Weekly Rate $1153.44 $954.72
Fares (per day) $20.71 $20.71
Travel (per day) $32.00 $32.00
Time& 1/2 $48.06 $39.78
Double Time $64.08 $53.04
1 April2019 Laggers Labourer
Hourly Rate $33.32 $27.58
Total Weekly Rate $1199.52 $992.88
Fares (per day) $20.71 $20.71
Travel (per day) $32.00 $32.00
Time& 1/2 $49.98 $41.37
Double Time $66.64 $55.16
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
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Appendix 1 - Laggers & Labourers (36 Hour Divisor) 1 April 2016 Laggers Labourer Hourly Rate $30.21 $25.00 Total Weekly Rate $1087.56 $900.00 Fares (per day) $20.71 $20.71 Travel (per day) $32.00 $32.00 Time & 1/2 $45.32 $37.50 Double Time $60.42 $50.00 1 April 2017 Laggers Labourer Hourly Rate $30.81 $25.50 Total Weekly Rate $1109.16 $918.00 Fares (per day) $20.71 $20.71 Travel (per day) $32.00 $32.00 Time & 1/2 $46.22 $38.25 Double Time $61.62 $51.00 1 April 2018 Laggers Labourer Hourly Rate $32.04 $26.52 Total Weekly Rate $1153.44 $954.72 Fares (per day) $20.71 $20.71 Travel (per day) $32.00 $32.00 Time & 1/2 $48.06 $39.78 Double Time $64.08 $53.04 1 April 2019 Laggers Labourer Hourly Rate $33.32 $27.58 Total Weekly Rate $1199.52 $992.88 Fares (per day) $20.71 $20.71 Travel (per day) $32.00 $32.00 Time & 1/2 $49.98 $41.37 Double Time $66.64 $55.16 53 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Appendix 2 -Trainees - 38 Hour Divisor
1April2016 1st Year 2nd Year 3rd Year 4th Year
Hourly Rate $15.96 $22.66 $26.54 $29.45
Total Weekly Rate $606.48 $861.08 $1008.52 $1119.10
Fares (per day) $18.61 $18.61 $18.61 $18.61
Travel (per day) $3.99 $5.66 $7.07 $8.95
Time& 1/2 $23.94 $33.99 $39.81 $44.18
Double Time $31.92 $45.31 $53.08 $58.90
1April2017 1st Year 2nd Year 3rd Year 4th Year
Hourly Rate $16.28 $23.11 $27.07 $30.04
Total Weekly Rate $618.84 $878.18 $1028.66 $1141.52
Fares (per day) $18.61 $18.61 $18.61 $18.61
Travel (per day) $3.99 $5.66 $7.07 $8.95
Time& 1/2 $24.42 $34.67 $40.60 $45.06
Double Time $32.56 $46.22 $54.14 $60.08
1April2018 1st Year 2nd Year 3rd Year 4th Year
Hourly Rate $16.93 $24.03 $28.15 $31.24
Total Weekly Rate $643.34 $913.14 $1069.70 $1187.12
Fares (per day) $18.61 $18.61 $18.61 $18.61
Travel (per day) $3.99 $5.66 $7.07 $8.95
Time & 1/2 $25.40 $36.05 $42.23 $46.86
Double Time $33.86 $48.06 $56.30 $62.48
1 April2019 1st Year 2nd Year 3rdYear 4th Year
Hourly Rate $17.61 $24.99 $29.28 $32.49
Total Weekly Rate $669.18 $949.62 $1112.64 $1234.62
Fares (per day) $18.61 $18.61 $18.61 $18.61
Travel (per day) $3.99 $5.66 $7.07 $8.95
Time& 1/2 $26.42 $37.49 $43.92 $48.74
Double Time $35.22 $49.98 $58.56 $64.98
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Appendix 2 - Trainees - 38 Hour Divisor 1 April 2016 1st Year 2nd Year 3rd Year 4th Year Hourly Rate $15.96 $22.66 $26.54 $29.45 Total Weekly Rate $606.48 $861.08 $1008.52 $1119.10 Fares (per day) $18.61 $18.61 $18.61 $18.61 Travel (per day) $3.99 $5.66 $7.07 $8.95 Time & 1/2 $23.94 $33.99 $39.81 $44.18 Double Time $31.92 $45.31 $53.08 $58.90 1 April 2017 1st Year 2nd Year 3rd Year 4th Year Hourly Rate $16.28 $23.11 $27.07 $30.04 Total Weekly Rate $618.84 $878.18 $1028.66 $1141.52 Fares (per day) $18.61 $18.61 $18.61 $18.61 Travel (per day) $3.99 $5.66 $7.07 $8.95 Time & 1/2 $24.42 $34.67 $40.60 $45.06 Double Time $32.56 $46.22 $54.14 $60.08 1 April 2018 1st Year 2nd Year 3rd Year 4th Year Hourly Rate $16.93 $24.03 $28.15 $31.24 Total Weekly Rate $643.34 $913.14 $1069.70 $1187.12 Fares (per day) $18.61 $18.61 $18.61 $18.61 Travel (per day) $3.99 $5.66 $7.07 $8.95 Time & 1/2 $25.40 $36.05 $42.23 $46.86 Double Time $33.86 $48.06 $56.30 $62.48 1 April 2019 1st Year 2nd Year 3rd Year 4th Year Hourly Rate $17.61 $24.99 $29.28 $32.49 Total Weekly Rate $669.18 $949.62 $1112.64 $1234.62 Fares (per day) $18.61 $18.61 $18.61 $18.61 Travel (per day) $3.99 $5.66 $7.07 $8.95 Time & 1/2 $26.42 $37.49 $43.92 $48.74 Double Time $35.22 $49.98 $58.56 $64.98 54 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
APPENDIX 3 - List of Tools
1 x pair 225mm Footprints 1 x 150mm Crescent shiftinQ spanner
1 x pair 250mm Stillsons 1 x 300mm crescent shiftinQ spanner
1 x pair 450mm Stillsons 1 x 250mm rasp & handle
1 x pair 250mm Vice Grips 1 x 250mm half round file & handle
1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225)
1 x pair 225mm Multigrips 1 x junior hacksaw
1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm
1 x pair 300mm straight snips 1 x tapered bent pin
1 x pair 175mm curved snips 1 x pointing towel
1 x pair left hand wiss snips 1 x basin spanner
1 x pair right hand wiss snips 1 x strap bench
1 x pair pop rivet pliers 1 x centre punch
1 x pair 200mm dividers 1 x prick punch
1 x pair 15mm copper tube benders 1 x nail bag
1 x set allen keys 1 mm-1 Omm 1 x tool box or carry all or equivalent
1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel
1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel
1 x screw driver 200mm Phillips 1 x 25mm cold chisel
2 x screw driver 150mm Phillips 1 x Stanley knife
1 x screw driver 300mm slotted 1 x flint gun
1 x screw driver 200mm slotted 1 x oxy key_
1 x cross pein hammer 10 oz 1 x 8 metre measuring tape
1 x hand wood saw 660mm per year- replaced by
1 x ball pein hammer 20 oz employer on a fair ware and tare basis
1 x claw hammer 20 oz 1 x PVC conduit cutters
1 x trap or spud wrench 1 x wire brush
1 x lump hammer 4LB 1 x battery drill with battery and charger
1 x bevel square 250mm
1 x set square 300mm In addition to the above list (where applicable) the tool
1 x line level list for Drainers shall include the following:
1 x spirit level 600mm
1 x brickies string line 1 x 1200mm level
1 x chaulk-o-matic 1 x 30m measuring tape
1 x plumbob 450gr 1 x wood float
1 x 25mm wood chisel 1 x steel float
1 x edging tool
55
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
Lagging Enterprise Agreement 2017-2019.
APPENDIX 3 - List of Tools 1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 1 x pair 250mm Stillsons 1 x 300mm crescent shifting spanner 1 x pair 450mm Stillsons 1 x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225) 1 x pair 225mm Multigrips 1 x junior hacksaw 1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm 1 x pair 300mm straight snips 1 x tapered bent pin 1 x pair 175mm curved snips 1 x pointing towel 1 x pair left hand wiss snips 1 x basin spanner 1 x pair right hand wiss snips 1 x strap bench 1 x pair pop rivet pliers 1 x centre punch 1 x pair 200mm dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x set allen keys 1mm-10mm 1 x tool box or carry all or equivalent 1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel 1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel 1 x screw driver 200mm Phillips 1 x 25mm cold chisel 2 x screw driver 150mm Phillips 1 x Stanley knife 1 x screw driver 300mm slotted 1 x flint gun 1 x screw driver 200mm slotted 1 x oxy key 1 x cross pein hammer 10 oz 1 x 8 metre measuring tape 1 x hand wood saw 660mm per year- replaced by 1 x ball pein hammer 20 oz employer on a fair ware and tare basis 1 x claw hammer 20 oz 1 x PVC conduit cutters 1 x trap or spud wrench 1 x wire brush 1 x lump hammer 4LB 1 x battery drill with battery and charger 1 x bevel square 250mm 1 x set square 300mm In addition to the above list (where applicable) the tool 1 x line level ist for Drainers shall include the following: 1 x spirit level 600mm 1 x brickies string line 1 x 1200mm level 1 x chaulk-o-matic 1 x 30m measuring tape 1 x plumbob 450gr 1 x wood float 1 x 25mm wood chisel 1 x steel float 1 x edging tool 55 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Appendix 5- 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 April2017 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
56
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
Lagging Enterprise Agreement 2017-2019.
Appendix 5 - 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 56 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
Appendix 5- Table 2- ROO Calendar- 2018
) Monday
Friday
Saturday
Monday
) Monday
Friday
Saturday
Sunday
Monday
Monday
Tuesday
Wednesday
I Monday
Saturday
Monday
Tuesday
I Monday
I Monday
I Monday
Saturday
Monday
Tuesday
I Monday
Saturday
Monday
Tuesday
Saturday
Monday
Tuesday
Wednesday
1 January 2018 New Year's Day Public Holiday
26 January 2018 Australia Day Public Holiday
27 January 2018 Paid Leisure Day
29 January 2018 Rostered Day Off
26 February 2018 Rostered Day Off
30 March 2018 Good Friday Public Holiday
31 March 2018 Paid Leisure Day
1 April2018 Easter Sunday Public Holiday
2 April2018 Easter Monday Public Holiday
23 April 2018 Rostered Day Off
24 April 2018 Rostered Day Off
25 April 2018 Anzac Day Public Holiday
21 May 2018 Rostered Day Off
9 June 2018 Paid Leisure Day
11 June 2018 Queen's Birthday Public Holiday
12 June 2018 Rostered Day Off
16 July 2018 Rostered Day Off
13 August 2018 Rostered Day Off
1 0 September 2018 Rostered Day Off
29 September 2018 Paid Leisure Day
1 October 2018 Labour Day Public Holiday
2 October 2018 Rostered Day Off
5 November 2018 Rostered Day Off
1 December 2018 Paid Leisure Day
3 December 2018 Industry Picnic Day
4 December 2018 Rostered Day Off
22 December 2018 Paid Leisure Day
24 December 2018 Rostered Day Off
25 December 2018 Christmas Day Public Holiday
26 December 2018 Boxing Day Public Holiday
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
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Appendix 5 - 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 57 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
APPENDIX 5- 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
Saturda_y_ 27 April 2019 Paid Leisure Dav
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
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
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APPENDIX 5 - 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 58 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
SIGNATORY PAGE
For and on ;;;s~i ~ices Ptyltd
Signature
Name: t/16/)L
Position:
ABN:
Date
Company address: Ulll {I Jl' I 30 I /l/ {) ,!'lN {)12_ .
For and on behalf of
Signature
Name:
Position:
Branch address:
Telephone:
Fax:
I
Theo Samartzopoulos
NSW State Secretary
Shop 1, 111 McEvoy Street
Alexandria NSW 2015
(02) 9310-3411
(02) 9310-1380
Date
Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch
Lagging Enterprise Agreement 2017-2019.
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SIGNATORY PAGE For and on behalf of Tri Summit Services PtyLtd 16/8/2018 Signature Date Name: VISAR LICH Position: DIRECTOR 47-616-118-382 ABN: Company address: UNIT 2, 130 INDIAN DR. KEYIS BOROUGH VIC 3173 . For and on behalf of CEPU Plumbing Division (NSW Branch) 16/8/18. Signature Date Name: Theo Samartzopoulos Position: NSW State Secretary Branch address: Shop 1, 111 McEvoy Street Alexandria NSW 2015 Telephone: (02) 9310-3411 Fax: (02) 9310-1380 59 Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019.
TRI SUMMIT SERVICES fWfV .to
ABN 4 7 616 118 382
ACN 616118 382
2/130 Indian Dr,
Keysborough VIC 3173
M: 0432 958 505
Email: admin@trisummitcom.au
http:/ /trisummit.com.au
In the Fair Work Commission:
RE: AG2018f3891-Application for approval of the Tri Summit Services Pty Ltd &
CEPU Plumbing Division- NSW Branch Lagging Enterprise Agreement 2017-
2019,
UNDERTAKING 212
For the purposes of approval of the Tri Summit Services Pty Ltd & CEPU
Plumbing Division- NSW Branch Lagging Enterprise Agreement 2017-2019
(Agreement), The Employer (Tri Summit Services Pty Ltd) undertakes as follows:
1) Leave to Deal with Family and Domestic Violence will be as per Clause 38 of
the Plumbing and Fire Sprinklers Award 2010.
2) Indentured Apprentices will be paid as per Appendix 2
For and Behalf of
Tri Summit Services Pty Ltd
~~
Signature
1). 7 /rYII ao e .
Date
NAME:
POSITION: VJt/! trt: !C/G
ADDRESS: W::liT a.e.&t iJ£,
TRI SUMMIT SERVICES PTY LTD ABN 47 616 118 382 ACN 616118 382 2/130 Indian Dr. Keysborough VIC 3173 M: 0432 958 505 Emall: admin@trisummit.com.au http://trisummit.com.au In the Fair Work Commission: RE: AG2018/3891-Application for approval of the Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017- 2019, UNDERTAKING 212 For the purposes of approval of the Tri Summit Services Pty Ltd & CEPU Plumbing Division - NSW Branch Lagging Enterprise Agreement 2017-2019 (Agreement), The Employer (Tri Summit Services Pty Ltd) undertakes as follows: 1) Leave to Deal with Family and Domestic Violence will be as per Clause 38 of the Plumbing and Fire Sprinklers Award 2010. 2) Indentured Apprentices will be paid as per Appendix 2 For and Behalf of Tri Summit Services Pty Ltd 80hal Ar 27/09/2018 Signature Date NAME: VISAL UCH POSITION: DIRECTOR ADDRESS: 27 WESTBROOK DR. KEYSBOROUGH VIC 3173
