1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2021/6014)
B & L MECHANICAL AIR SERVICES PTY LTD & CEPU PLUMBING
DIVISION - TWEED HEADS HOSPITAL MECHANICAL
GREENFIELDS AGREEMENT 2021
Plumbing industry
DEPUTY PRESIDENT COLMAN MELBOURNE, 26 JULY 2021
Application for approval of the B & L Mechanical Air Services Pty Ltd & CEPU Plumbing
Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021.
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia (CEPU) has made an application for approval of an
enterprise agreement known as the B & L Mechanical Air Services Pty Ltd & CEPU
Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021 (the
Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).
[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I
am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this
application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied
that the CEPU is entitled to represent the industrial interests of a majority of employees who
will be covered by the Agreement in relation to work that is to be performed under it, and that
it is in the public interest to approve the Agreement.
[3] The employer has provided a written undertaking, a copy of which is attached to this
decision in Annexure A. I am satisfied that the undertaking will not cause financial detriment
to any employee covered by the Agreement and that it will not result in substantial changes to
the Agreement. The CEPU does not oppose the undertaking. The undertaking is taken to be a
term of the agreement.
[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU
and that the Agreement covers this organisation.
[2021] FWCA 4495
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 4495
2
[5] The Agreement was approved on 26 July 2021 and, in accordance with s 54, will
operate from 2 August 2021. The nominal expiry date of the Agreement is 30 September
2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE512451 PR732148
THE SEAL OF THE F NOISSI
[2021] FWCA 4495
3
Annexure A
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B & L MECHANICAL AIR SERVICES ABN:78 637 464 505 PO BOX 4064 LAKE HAVEN NSW 2253 B&L PH:0407142504 IN THE FAIR WORK COMMISSION FWC Matter No .: AG2021/8014 Section 185 - Application for approval of a single enterprise agreement Undertaking 1. Brad Bogle, Director for B & L Mechanical Alr Services Pty Ltd give the following undertakings with rospoct to the B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division . Twood Heads Hospital Mechanical Greenfields Agreement 2021 (this Agrosmont"): 1. I have the authority given to me by B & L' Mechanical Air Services Pty Ltd to provide this undertaking in relation to the application before the Fait Work Commission 2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where theen is an inconsistency between the NES and a dlause of this ogroement, the NES will apply und the cause of the agmement will not apply, axcapt to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES These undertakings am provided on the besis of issues raised by the Fair Work Commission In tre application before the Fair Work Commission. Bose Signature 22/7/2021 Data
B & L Mechanical Air Services fty Ltd &
CEPU Plumbing Division - Tweed Heads
Hospital Mechanical Greenfields Agreement
2021
TRADES PROUD UNION AUS PLUMBING VALIA B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021 1
Daly
New Stamp
Clause No Name Pa(:le No
1 Title 4
2 Parties and Persons Bound 4
3 Objectives 5
4 Commitments 5
5 Lodgement and Period of Operation 7
6 Relationship to Other Instruments 8
7 Definitions 8
8 Types of Employment 9
9 Employer and Employee Duties 11
10 Consultative Mechanisms 11
11 Trade Union rights and Representation 11
12 Payment of Waqes 13
13 Apprentices 15
14 Travel Allowance 16
15 Site Allowance 17
16 Other Allowances 18
17 Living Away from Home - Distant Work 19
18 Superannuation 23
19 Termination of Employment 24
20 Redundancy Scheme 24
21 Statutory Matters Covered by State leqislation 28
22
Top-Up Workers Compensation I 24 Hour Accident
29
Cover & Sickness
23 Ordinary Hours of Work 29
24 Work Breaks 34
25 Overtime 35
26 Weekend Work 36
27 Niqht Shift 37
28 Public Holidays and Holiday Work 38
29 Annual Leave 40
30 Personal Leave 42
31 Compassionate Leave 43
32 Parental Leave 44
33 Work Health & Safety & Disputes Settlinq Procedure 44
34 Inclement Weather 45
35 Protective Clothing 48
36 Compensation For Tools And Clothinq 48
37 Presentinq For Work But Not Required 49
38 Leave To Deal With Family And Domestic Violence 49
39 Dispute Settlement Procedures 52
40 Anti-Discrimination 55
41 Posting of Aqreement 55
42 Workplace Flexibility 55
43 Model Consultation Clause 56
44 Sham Contractinq 59
45 Code Compliance / Severability 60
2
Clause No Name Page No 1 Title 4 2 Parties and Persons Bound 4 3 Objectives 5 4 Commitments 5 5 Lodgement and Period of Operation 7 6 Relationship to Other Instruments 8 7 Definitions 8 8 Types of Employment 9 9 Employer and Employee Duties 11 10 Consultative Mechanisms 11 11 Trade Union rights and Representation 11 12 Payment of Wages 13 13 Apprentices 15 14 Travel Allowance 16 15 Site Allowance 17 16 Other Allowances 18 17 Living Away from Home - Distant Work 19 18 Superannuation 23 19 Termination of Employment 24 20 Redundancy Scheme 24 21 Statutory Matters Covered by State legislation 28 22 Top-Up Workers Compensation / 24 Hour Accident Cover & Sickness 29 23 Ordinary Hours of Work 29 24 Work Breaks 34 25 Overtime 35 26 Weekend Work 36 27 Night Shift 37 28 Public Holidays and Holiday Work 38 29 Annual Leave 40 30 Personal Leave 42 31 Compassionate Leave 43 32 Parental Leave 44 33 Work Health & Safety & Disputes Settling Procedure 44 34 Inclement Weather 45 35 Protective Clothing 48 36 Compensation For Tools And Clothing 48 37 Presenting For Work But Not Required 49 38 Leave To Deal With Family And Domestic Violence 49 39 Dispute Settlement Procedures 52 40 Anti-Discrimination 55 41 Posting of Agreement 55 42 Workplace Flexibility 55 43 Model Consultation Clause 56 44 Sham Contracting 59 45 Code Compliance / Severability 60 2
46 Heat Policy 61
47 Druq and Alcohol Policy 64
48 Jurv Service And Make Up Pay 69
49 Structured Vocational Traininq 69
50 Asbestos Awareness Traininq 70
51 Increases to Wages - Productivity Gains 70
Appendix 1 Rates of Pay - Plumbers, Drainers, Labourers 71-73
Appendix 2 Rates of Pav - Indentured Apprentices 74-75
Appendix 3 Rates of Pay - Trainee Apprentices 75-76
Appendix 4 Rates of Pay- Adult Apprentices 77-78
Appendix5 List of Tools 79
Appendix 6 RDO Calendar's 80-83
SIGNATORY PAGE 84
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46 Heat Policy 61 47 Drug and Alcohol Policy 64 48 Jury Service And Make Up Pay 69 49 Structured Vocational Training 69 50 Asbestos Awareness Training 70 51 Increases to Wages - Productivity Gains 70 Appendix 1 Rates of Pay - Plumbers, Drainers, Labourers 71-73 Appendix 2 Rates of Pay - Indentured Apprentices 74-75 Appendix 3 Rates of Pay - Trainee Apprentices 75-76 Appendix 4 Rates of Pay - Adult Apprentices 77-78 Appendix5 List of Tools 79 Appendix 6 RDO Calendar's 80-83 SIGNATORY PAGE 84 3
1. TITLE
This Agreement shall be known as the B & L Mechanical Air Services Pty
Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical
Greenfields Agreement 2021.
2. PARTIES AND PERSONS BOUND
2.1 This Agreement applies to the Company in respect of all its Employees
falling into the classifications specified in Appendix when they perform work
on the Tweed Heads Hospital Project .
2.1.1 B & L Mechanical Air Services Pty Ltd the (employer) in respect of
employees engaged in the industry of the occupations, businesses or
employers of plumbers, gasfitters, roof plumbers, lead burners, ship
plumbers and heating, air conditioning or ventilation plumbers, irrigation
installer, laggers and HVAC labourers, (employees) engaged on site or in
construction work; and
2.2 employees employed by the employer on the Tweed Heads Hopital Project
who are engaged in the industry of the occupations, businesses or
employers of plumbers, gasfitters, roof plumbers, lead burners, ship
plumbers and heating, air conditioning or ventilation plumbers & sheet metal
workers, irrigation installer, laggers and HVAC labourers, engaged on site or
in construction work who are employed or usually employed in the plumbing
industry in executing any plumbing, gas fitting, pipe fitting or domestic
engineering work, whether prefabricated or not, or who execute any work in
or in connection with:-
2.2.1 sheet lead, galvanised iron or other classes of sheet metal or any other
materials which supersede the materials usually fixed by plumbers;
2.2.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework;
2.2.3 water (hot or cold), steam, gas, air vacuum, heating or ventilating
appliances, fittings, services or installations; and
2.2.4 house, ship, sanitary, chemical or general plumbing or drainage; and
2.4 the Communications Electrical Electronic Energy Information Postal
Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On
the condition that the union has given notice under Section 183 of the Fair
Work Act 2009 (C'th)(FW Act) that it wants the Agreement to cover it and in
accordance with Section 201 (2) of the FW Act, the Fair Work Commission
(FWC) has noted that the Agreement covers the union.
2.5 The terms of this agreement will not apply to:-
4
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
1. TITLE This Agreement shall be known as the B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021. 2. PARTIES AND PERSONS BOUND 2.1 This Agreement applies to the Company in respect of all its Employees falling into the classifications specified in Appendix when they perform work on the Tweed Heads Hospital Project . 2.1.1 B & L Mechanical Air Services Pty Ltd the (employer) in respect of employees engaged in the industry of the occupations, businesses or employers of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning or ventilation plumbers, irrigation installer, laggers and HVAC labourers, (employees) engaged on site or in construction work; and 2.2 employees employed by the employer on the Tweed Heads Hopital Project who are engaged in the industry of the occupations, businesses or employers of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning or ventilation plumbers & sheet metal workers, irrigation installer, laggers and HVAC labourers, engaged on site or in construction work who are employed or usually employed in the plumbing industry in executing any plumbing, gas fitting, pipe fitting or domestic engineering work, whether prefabricated or not, or who execute any work in or in connection with :- 2.2.1 sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by plumbers; 2.2.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework; 2.2.3 water (hot or cold), steam, gas, air vacuum, heating or ventilating appliances, fittings, services or installations; and 2.2.4 house, ship, sanitary, chemical or general plumbing or drainage; and 2.4 the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that the union has given notice under Section 183 of the Fair Work Act 2009 (C'th)(FW Act) that it wants the Agreement to cover it and in accordance with Section 201(2) of the FW Act, the Fair Work Commission (FWC) has noted that the Agreement covers the union. 2.5 The terms of this agreement will not apply to :- 4 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
2.5.1 The employment of sprinkler fitters by an employer covered by the
Plumbing and Fire Sprinklers Award 2010 (PFS Award); and/ or
2.5.2 To employees principally engaged in installing automatic fire protection
systems; and / or
2.5.3 Employees of the employer employed full-time in the service and
maintenance operations, and / or
2.5.4 Employees employed full-time as a project manager, an estimator or in
drafting;
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 and health working environment, free from discrimination,
harassment and all forms of bullying.
3.7 Establish effective communications between the Company, Union the
Employees 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.
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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2.5.1 The employment of sprinkler fitters by an employer covered by the Plumbing and Fire Sprinklers Award 2010 (PFS Award); and / or 2.5.2 To employees principally engaged in installing automatic fire protection systems; and / or 2.5.3 Employees of the employer employed full-time in the service and maintenance operations, and / or 2.5.4 Employees employed full-time as a project manager, an estimator or in drafting; 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 and health working environment, free from discrimination, harassment and all forms of bullying. 3.7 Establish effective communications between the Company, Union the Employees 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. 5 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
4.2 A broad approach to productivity is adopted incorporating (but not being
limited to) both management and labour efficiency, quality, training,
maintaining high standards of occupational health and safety, improved
working conditions, environmental concerns, quality of working life issues and
equity issues.
4.3 The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the
company.
4.4 Productivity measures will not be implemented at the expense of health and
safety standards and those standards will be improved.
4.5 The dispute settlement procedures provided for in this agreement are
rigorously applied and enforced.
4.6 A free flow of information occurs between the company and employees
concerning all aspects of the construction process.
4. 7 Statutory entitlements, quality of work and proper safety standards will
underpin this agreement.
4.8 Women in the Industry
a) It is recognised that the Plumbing Contracting industry needs to employ
more women and the parties shall discuss means to achieve this during
the life of this Agreement. Measures will be implemented that will
encourage and assist women to seek and maintain employment in the
Plumbing Contracting Industry.
4.9 Suicide Prevention
The parties acknowledge that:
(i) suicide prevention of employees in the construction industry is an
important issue;
(ii) Construction workers are more than twice as likely to suicide than other
people in Australia;
(iii) Construction workers are six times more likely to die by suicide than
through a workplace accident;
(iv) Apprentices in construction are two and a half times more likely to suicide
than other young men their age;
(v) Mental health on construction sites is now accepted as an industry safety
concern;
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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4.2 A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. 4.3 The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the company. 4.4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 4.5 The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. 4.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 4.7 Statutory entitlements, quality of work and proper safety standards will underpin this agreement. 4.8 Women in the Industry a) It is recognised that the Plumbing Contracting industry needs to employ more women and the parties shall discuss means to achieve this during the life of this Agreement. Measures will be implemented that will encourage and assist women to seek and maintain employment in the Plumbing Contracting Industry. 4.9 Suicide Prevention The parties acknowledge that: (i) suicide prevention of employees in the construction industry is an important issue; (ii) Construction workers are more than twice as likely to suicide than other people in Australia; (iii) Construction workers are six times more likely to die by suicide than through a workplace accident; (iv) Apprentices in construction are two and a half times more likely to suicide than other young men their age; (v) Mental health on construction sites is now accepted as an industry safety concern; 6 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
5.
5.1
5.2
(vi) Employees can find it difficult to discuss feelings and emotions with
colleagues at work, especially in the construction industry.
(vii) Accordingly, to try and reduce the chance of suicide by an employee, the
Employer agrees to provide training to an appropriate number of
employees in consideration of the size and nature of the workforce
concerned, to recognise potentially suicidal behaviour and to give them
the simple skills needed to intervene and to keep that employee safe until
they can gain professional help. Such training is to be conducted via an
agreed training package/methodology, or an agreed provider between the
Parties, during normal working hours.
(viii) Awareness training providers will be agreed through the Consultative
Committee.
LODGEMENT AND DATE OF OPERATION OF THE AGREEMENT
This Agreement shall be lodged in accordance with the Fair Work Act
2009.
This Agreement shall remain in force until 30 September 2023.
Variation of the Agreement
5.3.1 Should the employer intend to make an application under the FW Act,
seeking to vary the Agreement, the employer shall advise the union (in
writing), of the proposed variation and the union shall be given an
opportunity of meeting with the employees concerned about the variation.
5.3.2 Such meeting shall take place prior to the employees being requested to
vote (under Section 208 of the FW Act) on the proposed variation.
Termination of the Agreement
5.4.1 Should the employer intend to make an application under the FW Act,
seeking to terminate the Agreement, the employer shall advise the union
(in writing), of the proposed application to terminate the Agreement and
the union shall be given an opportunity of meeting with the employees
concerned about the proposed application for termination.
5.4.2 Such meeting shall take place prior to the employees being requested to
vote (under Section 219 of the FW Act) on the proposed termination.
5.5 The obligations provided in Clause 5.3 and / 5.4, are conditional upon the
representative of the union (however termed), complying with Part 3 - 4 -
Right of Entry under the FW Act.
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8 & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(vi) Employees can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (vii) Accordingly, to try and reduce the chance of suicide by an employee, the Employer agrees to provide training to an appropriate number of employees in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and to give them the simple skills needed to intervene and to keep that employee safe until they can gain professional help. Such training is to be conducted via an agreed training package/methodology, or an agreed provider between the Parties, during normal working hours. (viii) Awareness training providers will be agreed through the Consultative Committee. 5. LODGEMENT AND DATE OF OPERATION OF THE AGREEMENT 5.1 This Agreement shall be lodged in accordance with the Fair Work Act 2009. 5.2 This Agreement shall remain in force until 30 September 2023. Variation of the Agreement 5.3.1 Should the employer intend to make an application under the FW Act, seeking to vary the Agreement, the employer shall advise the union (in writing), of the proposed variation and the union shall be given an opportunity of meeting with the employees concerned about the variation. 5.3.2 Such meeting shall take place prior to the employees being requested to vote (under Section 208 of the FW Act) on the proposed variation. Termination of the Agreement 5.4.1 Should the employer intend to make an application under the FW Act, seeking to terminate the Agreement, the employer shall advise the union (in writing), of the proposed application to terminate the Agreement and the union shall be given an opportunity of meeting with the employees concerned about the proposed application for termination. 5.4.2 Such meeting shall take place prior to the employees being requested to vote (under Section 219 of the FW Act) on the proposed termination. 5.5 The obligations provided in Clause 5.3 and / 5.4, are conditional upon the representative of the union (however termed), complying with Part 3 - 4 - Right of Entry under the FW Act. 7 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
6 RELATIONSHIP TO OTHER INSTRUMENTS
This agreement wholly replaces the Plumbing and Fire Sprinklers Award
2010, with the exception to when its referenced.
7 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), when and is in force from time to
time.
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
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)
8
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
6 RELATIONSHIP TO OTHER INSTRUMENTS This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010, with the exception to when its referenced. 7 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), when and is in force from time to time. 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 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 Ac 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) 8 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
8
8.1
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. HVAC labourer means an employee primarily engaged in assisting a
plumber & sheet metal worker
xvii. standard rate means the minimum wage for the Plumbing and
mechanical services tradesperson in Appendix 1.
Where this agreement refers to a condition of employment provided for in the
NES, the NES definition applies.
TYPES OF EMPLOYMENT
Daily Employment
a) 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.
b) The following provisions will apply to daily hire employees:
(i) One day's notice of termination of employment will be given by either
party or one day's pay must be paid or forfeited;
(ii) Notice given at or before the usual starting time of any ordinary
working day will expire at the completion of that day's work;
(iii) A tradesperson will be allowed one hour prior to termination to gather,
clean, sharpen, pack and transport tools; and
(iv) Nothing in this clause will affect the right of an employer to dismiss an
employee without notice for misconduct or refusing duty.
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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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. HVAC labourer means an employee primarily engaged in assisting a plumber & sheet metal worker xvii. standard rate means the minimum wage for the Plumbing and mechanical services tradesperson in Appendix 1. Where this agreement refers to a condition of employment provided for in the NES, the NES definition applies. 8 TYPES OF EMPLOYMENT 8.1 Daily Employment a) 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. b) The following provisions will apply to daily hire employees: (i) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; (ii) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; (iii) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and (iv) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. 9 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
8.2 Casual Employment
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.
(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.
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8.2 Casual Employment 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. (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. 10 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(ix) Where, in accordance with clause 8.2(a)vi an Employer refuses an
election to convert, the reasons for doing so must be fully stated to and
discussed with the Employee concerned and a genuine attempt made
to reach Agreement.
(x) For the purposes of this clause, an irregular casual Employee is one
who has been engaged to perform work on an occasional or non
systematic or irregular basis.
(xi) An Employee must not be engaged and re-engaged to avoid any
obligation under this Agreement.
9 EMPLOYER AND EMPLOYEE DUTIES
An employer may direct an employee to carry out such duties as are within
the limits of the employee's skill, competence and training consistent with
the classification structure of this Agreement.
10 CONSULTATIVE MECHANISMS
Any matter arising as a result of the introduction of this Agreement will be
implemented by way of a Company Consultative Committee consisting of
equal numbers of management and employee representatives. The
consultative committee shall meet as required with additional meetings
being convened at the request of either party.
11. TRADE UNION RIGHTS AND REPRESENTATION
Clauses 11.1 and 11.2 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 or not.
Such representatives (or individual Employees) are entitled to the
protections of Division 4 of Part 3-1 of the Fair Work Act in relation to
their involvement in lawful industrial activities.
11.1 Union Delegate Rights
Where an Employee has been elected as a Union Delegate, the
Company 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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(ix) Where, in accordance with clause 8.2(a)vi an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. (x) For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non- systematic or irregular basis. (xi) An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. 9 EMPLOYER AND EMPLOYEE DUTIES An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement. 10 CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee shall meet as required with additional meetings being convened at the request of either party. 11. TRADE UNION RIGHTS AND REPRESENTATION Clauses 11.1 and 11.2 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 or not. Such representatives (or individual Employees) are entitled to the protections of Division 4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful industrial activities. 11.1 Union Delegate Rights Where an Employee has been elected as a Union Delegate, the Company 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; 11 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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; and
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 Company and industrial tribunals/courts;
g) the right to formal recognition that the endorsed Union delegates will
speak on behalf of the Union members in the workplace;
h) the right to paid time to attend Union endorsed training/forums which
are directed to improving the skills and knowledge of the participant
in the system of workplace relations.
11.2 Employee Representative Rights
a) Where an Employee has been elected as an Employee
Representative, The Company will recognise the following rights:
b) the right to be treated fairly and to perform their role without any
discrimination in their employment;
c) For the Employee Representative to represent an Employee where
requested in relation to a grievance, dispute or a discussion;
d) 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; and
e) 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;
f) 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
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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; and 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 Company and industrial tribunals/courts; g) the right to formal recognition that the endorsed Union delegates will speak on behalf of the Union members in the workplace; h) the right to paid time to attend Union endorsed training/forums which are directed to improving the skills and knowledge of the participant in the system of workplace relations. 11.2 Employee Representative Rights a) Where an Employee has been elected as an Employee Representative, The Company will recognise the following rights: b) the right to be treated fairly and to perform their role without any discrimination in their employment; c) For the Employee Representative to represent an Employee where requested in relation to a grievance, dispute or a discussion; d) 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; and e) 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; f) 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 12 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
g) the right to represent the interests of employees who request their
assistance in their workplace to The Company and industrial
tribunals/courts.
h) Prior to The Company making a decision to terminate or transfer a
Union Delegate/Employee Representative, the Company shall notify
the Union Delegate/Employee Representative two weeks in advance
of such termination or transfer. Payment in lieu of notice may be
made by agreement.
i) The right and expectation of representation in relation to
employment issues of Employees from genuine employee
representatives and the Company must not interfere in the selection
of employees' representatives. Further that Union members
employed by the Company have the right to be represented by their
Union in the consultation, disciplinary and dispute resolution
arrangements in this Agreement.
11.3 Training
a) Sufficient notice (at least a week or less by agreement) of the time and
nature of the training/seminar/forums shall be given to the Employer to
enable agreement for employees to attend these courses, seminars or
forums.
b) Union delegate I Employee Representatives will be paid their normal rate
including all applicable allowances while attending approved courses,
seminars or forums. Additional training can be undertaken by agreement
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
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g) the right to represent the interests of employees who request their assistance in their workplace to The Company and industrial tribunals/courts. h) Prior to The Company making a decision to terminate or transfer a Union Delegate/Employee Representative, the Company shall notify the Union Delegate/Employee Representative two weeks in advance of such termination or transfer. Payment in lieu of notice may be made by agreement. i) The right and expectation of representation in relation to employment issues of Employees from genuine employee representatives and the Company must not interfere in the selection of employees' representatives. Further that Union members employed by the Company have the right to be represented by their Union in the consultation, disciplinary and dispute resolution arrangements in this Agreement. 11.3 Training a) Sufficient notice (at least a week or less by agreement) of the time and nature of the training/seminar/forums shall be given to the Employer to enable agreement for employees to attend these courses, seminars or forums. b) Union delegate / Employee Representatives will be paid their normal rate including all applicable allowances while attending approved courses, seminars or forums. Additional training can be undertaken by agreement 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 13 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• Balance of accrued RDO hours
• Accrued sick leave
• Accrued annual leave hours
• Income protection payments
• Redundancy contribution
• 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:
a. the amount and details of each deduction,
b. the name, or name and number of the fund / account the deduction was
paid into
• any superannuation contributions paid for the employee's benefit,
including:
a. The amount of contributions made during the pay period (or the amount
of contributions that need to be made),
b. 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.
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· Balance of accrued RDO hours · Accrued sick leave · Accrued annual leave hours · Income protection payments · Redundancy contribution · 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: a. the amount and details of each deduction, b. the name, or name and number of the fund / account the deduction was paid into · any superannuation contributions paid for the employee's benefit, including: a. The amount of contributions made during the pay period (or the amount of contributions that need to be made), b. 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. 14 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
13. APPRENTICES
13.1 Apprentices including hosted apprentices through a group scheme and
alike, 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 Indentured Apprentices, Appendix 3 for Trainee Apprentices
or Appendix 4 for Adult 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.
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.
Apprentices Attending Technical College On Rdo
13.3a An apprentice working in an establishment under a particular work
cycle in accordance with this Part who attends technical college on a
rostered day off, shall be afforded another ordinary working day off as
substitution for the rostered day off. Any substituted day must be taken
in the current or next succeeding work cycle.
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 I 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.
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13. APPRENTICES 13.1 Apprentices including hosted apprentices through a group scheme and alike, 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 Indentured Apprentices, Appendix 3 for Trainee Apprentices or Appendix 4 for Adult 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. 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. Apprentices Attending Technical College On Rdo 13.3a An apprentice working in an establishment under a particular work cycle in accordance with this Part who attends technical college on a rostered day off, shall be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle. 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. 15 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -- Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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
suffer a reduction in the rate of pay by virtue of entering into a training
agreement.
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
1 for Tradespersons, Appendix 2 for Indentured Apprentices, Appendix 3 for
Trainee Apprentices or Appendix 4 for Adult Apprentices
14.3 An employee 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;
(ii) start or finish work at the usual times; and
(iii) uses his/her own vehicle or uses public transport.
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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 suffer a reduction in the rate of pay by virtue of entering into a training agreement. 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 1 for Tradespersons, Appendix 2 for Indentured Apprentices, Appendix 3 for Trainee Apprentices or Appendix 4 for Adult Apprentices 14.3 An employee 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; (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. 16 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
b) Travel allowance
Subject to clauses 14.3(a) employees will be paid a travel allowance in
accordance with the figures shown in Appendix 1, Appendix 2, Appendix 3
and Appendix 4.
14.4 Transfer between job sites during working hours
a) Employees transferred from one job site to another during ordinary
working hours must be paid their ordinary rate of pay for the time
occupied in travelling, and unless transported by the employer, will be
reimbursed the reasonable cost of fares by the most convenient public
transport between such job sites.
b) Where the employer requests an employee to use their own vehicle to
affect such a transfer, and the employee agrees to do so the employee
will be paid an allowance at the rate of $0.74 per kilometre.
14.5 Standard travelling time allowance
The standard travelling time component is an amount based on travel to the
Tweed Heads Hospital Project.
14.6 Mileage allowance for travel beyond defined radius
15.
15.1
a) 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.
b) 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.
SITE ALLOWANCE
Site allowance will be paid for all hours worked for on the Tweed Heads
Hospital Project as per the table below. This Includes Workshop Pre
Fabrication, Apprentices attending Vocational Training, Employees
Attending Training courses and any Training attended by the employee.
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b) Travel allowance Subject to clauses 14.3(a) employees will be paid a travel allowance in accordance with the figures shown in Appendix 1, Appendix 2, Appendix 3 and Appendix 4. 14.4 Transfer between job sites during working hours a) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. b) Where the employer requests an employee to use their own vehicle to affect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 14.5 Standard travelling time allowance The standard travelling time component is an amount based on travel to the Tweed Heads Hospital Project. 14.6 Mileage allowance for travel beyond defined radius a) 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. b) 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 Site allowance will be paid for all hours worked for on the Tweed Heads Hospital Project as per the table below. This Includes Workshop Pre Fabrication, Apprentices attending Vocational Training, Employees Attending Training courses and any Training attended by the employee. 17 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
16
16.1
Sheet Metal
HVAC 4th 3rd 2"d 151
Plumber Worker&
Labourer Year Year Year Year
Lagger
151
April $4.20 $4.20 $4.20 $3.79 $2.90 $2.32 $1.68
2021
151
April $4.20 $4.20 $4.20 $3.79 $2.90 $2.32 $1.68
2022
151
April $4.20 $4.20 $4.20 $3.79 $2.90 $2.32 $1.68
2023
OTHER ALLOWANCES
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
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Sheet Metal Plumber Worker & HVAC 4t 3rd 2nd 1 st Lagger Labourer Year Year Year Year 1 st April $4.20 $4.20 $4.20 $3.79 $2.90 $2.32 $1.68 2021 1 st April $4.20 $4.20 $4.20 $3.79 $2.90 $2.32 $1.68 202 1 st April $4.20 $4.20 $4.20 $3.79 $2.90 $2.32 $1.68 2023 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 18 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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).
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 $50.00
per day, or
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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). 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 $50.00 per day, or 19 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
b) Pay an accommodation allowance of $150.00 per day, and an out of
pocket allowance of $50.00 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
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:
(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.
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b) Pay an accommodation allowance of $150.00 per day, and an out of pocket allowance of $50.00 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 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: (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. 20 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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
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.
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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 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. 21 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(c) Camp meal charges
Where a charge is made for meals in a construction camp, such charge
will be fixed by agreement between the parties.
17.8 Rest and recreation
(a) Rail or road travel
(i) An employee, who proceeds to a job which qualifies for the provisions of
this subclause, may, after two months continuous 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.
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(c) Camp meal charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 17.8 Rest and recreation (a) Rail or road travel (i) An employee, who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous 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. 22 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(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
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
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.
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(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 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 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. 23 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(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.
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
a) The employer shall participate in a Redundancy Protection Scheme and shall
make relevant contributions on behalf of all employees to provide for the
payment of redundancy benefits to employees.
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(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. 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 a) The employer shall participate in a Redundancy Protection Scheme and shall make relevant contributions on behalf of all employees to provide for the payment of redundancy benefits to employees. 24 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
b) The benefits to be provided to the Employees shall be equivalent to the
benefits provided by an Approved Worker Entitlement Fund under the Fringe
Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is
administered and/or managed by Redundancy Payment Central Fund Ltd
(lncolink).
c) The particular Redundancy Protection Scheme to be provided shall be agreed
between the majority of employees and the employer. Any ATO Approved
Fund that is administered and/or managed by lncolink shall be taken as
agreed to by the majority of employees and the employer for the purpose of
this clause.
d) For the purpose of clause (c) once lncolink has notified the employer of the
relevant ATO Approved Fund (lncolink Responsible Fund) the employer will
enrol to become a member and will enrol all the employees of the employer
within the scope of this Agreement in the lncolink Responsible Fund in
accordance with the constituting documents of the lncolink Responsible Fund.
The employer must abide by and pay contributions to that lncolink
Responsible Fund on behalf of each employee in accordance with the
constituting documents of the lncolink Responsible Fund. The employees
enrolled shall be entitled to redundancy benefits in accordance with the terms
of the lncolink Responsible Fund's trust deed.
e) Where the employer is already a member of an ATO Approved Fund which
lncolink is trustee (Appropriate lncolink Fund), the employer shall enrol all
the employees of the employer within the scope of this Agreement in the
Appropriate lncolink Fund in accordance with the constituting documents of
the Appropriate lncolink Fund. The employer must abide by and pay
contributions to that Appropriate lncolink Fund on behalf of each employee in
accordance with the constituting documents of the Appropriate lncolink Fund.
The employees enrolled shall be entitled to redundancy benefits in
accordance with the terms of the Appropriate lncolink Fund's trust deed.
f) If lncolink nominates any other ATO Approved Fund the employer shall pay
contributions to that fund on behalf of each employee in accordance with the
constituting documents of that other ATO Approved Fund.
g) In all cases the redundancy payments which the employer is liable to pay are
whichever are the greater of the entitlement of the employee as per Clause
20.9 and the entitlement of the employee under relevantly the I ncolink
Responsible Fund or the Appropriate lncolink Fund
trust deed (or under the constituting documents of any other ATO Approved
Fund nominated by lncolink pursuant to its trust deed).
h) References in this Clause to relevantly the lncolink Responsible Fund or the
Appropriate lncolink Fund include a reference to another fund for comparable
purposes nominated by lncolink for the purposes of this Agreement as a fund
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b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). c) The particular Redundancy Protection Scheme to be provided shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. e) Where the employer is already a member of an ATO Approved Fund which Incolink is trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per Clause 20.9 and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). h) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund 25 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
which meets the requirements of relevantly an lncolink Responsible Fund or
an appropriate lncolink Fund.
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 redundant employee will receive redundancy/severance payments in
respect of all continuous service with the employer, calculated as follows:
Period of continuous service
Redundancy/Severance Pay
with an employer
2.4 weeks' pay plus, for all service
1 year or more but less than 2 in excess of 1 year, 1.75 hours pay
Years per completed week of service up
to a maximum of 4.8 weeks' pay
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
(a) 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.
(b) Week's pay means the ordinary time rate of pay at the time of
termination for the employee concerned.
(c) 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.
(d) Any period of service as a casual will not entitle an employee to accrue
service in accordance with this clause for that period.
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which meets the requirements of relevantly an Incolink Responsible Fund or an appropriate Incolink Fund. 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 redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 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 (a) 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. (b) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. (c) 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. (d) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. 26 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(e) Service as an apprentice will entitle an employee to accumulate credits
towards the payment of a redundancy benefit in accordance with this
(f) clause if the employee completes an apprenticeship and remains in
employment with that employer for a further 12 months.
(g) Contributions paid by the employer under this clause will be paid in
accordance with the requirements of the Scheme's trust deed.
(h) Upon termination the employee will, depending on the Scheme's trust
deed, be paid directly by the Scheme.
(i) For the purpose of meeting its obligations under this clause the
employer will make the contributions set out in clause 20 above on a
monthly basis in respect of each employee covered by this Agreement
to the Scheme.
U) Where an employee is entitled to a payment by the Scheme under
clause 20 and an entitlement under the provisions of this clause would
be greater than 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.
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(e) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this (f) 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. (i) 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 than 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. 27 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
20.5 Employee leaving during notice period
An employee whose employment is to be terminated in accordance with this
clause may terminate their employment during the period of notice and if this
occurs, will be entitled to the provisions of this clause as if the employee
remains with the employer until expiry of such notice. Provided that in such
circumstances, the employee will not be entitled to payment instead of
notice.
20.6 Transfer of business
Where a business is, before or after the date of this award, transferred from
an employer (in this subclause called the old employer) to another employer
(in this subclause called the new employer) and an employee who at the
time of such transfer was an employee of the old employer in that business
becomes an employee of the new employer:
(a) The continuity of the employment of the employee will be deemed not
to have been broken by reason of such transfer; and
(b) The period of employment which the employee has had with the old
employer or any prior old employer will be deemed to be service of the
employee with the new employer.
In this subclause, business includes trade, process, business or occupation
and includes part of any such business and transfer includes transfer,
conveyance, assignment or succession whether by agreement or by
operation of law. Transferred has a corresponding meaning.
21. STATUTORY MATTERS COVERED BY STATE LEGISLATION
The following NSW & ACT 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;
• Long service leave (portable schemes) Act 2009
• Building and Construction Industry Long Service Payments Act 1986;
• Workplace Injury Management and Compensation Act 1998; and
• Work Health and Safety Act 2011.
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20.5 Employee leaving during notice period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 20.6 Transfer of business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) The continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and (b) The period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. 21. STATUTORY MATTERS COVERED BY STATE LEGISLATION The following NSW & ACT 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; · Long service leave (portable schemes) Act 2009 . Building and Construction Industry Long Service Payments Act 1986; · Workplace Injury Management and Compensation Act 1998; and · Work Health and Safety Act 2011. 28 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
22.
23.
23.1
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.
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 $15.00 per week.
ORDINARY HOURS OF WORK
Except as provided elsewhere in this agreement, the average ordinary
working hours will be 36 per week worked in accordance with the following
provisions for a four-week work cycle:
This time will accrue as follows:
0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken;
23.2 Rostered Days Off 2021-2024
a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle,
Monday to Friday inclusive with eight hours worked for each nine [9] days,
and with 0.8 of an hour on each of those days accruing toward the tenth day
and can be taken as a paid day off. The tenth day shall be known as the
Rostered Day Off or 'RDO'.
b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 6) can be
worked and banked.
c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during
Designated Long weekends.
d) Subject to Clause 23.6, RDOs not attached to a Designated Long Weekend
are paid at the ordinary time rate paid to Employees at the time of taking the
RDO, and on all RDOs payment shall include the daily 'Fares Allowance',
and any applicable allowances as prescribed by this Agreement.
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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 $15.00 per week. 23. ORDINARY HOURS OF WORK 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 36 per week worked in accordance with the following provisions for a four-week work cycle: This time will accrue as follows: 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; 23.2 Rostered Days Off 2021-2024 a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to Friday inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of those days accruing toward the tenth day and can be taken as a paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO'. b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 6) can be worked and banked. c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during Designated Long weekends. d) Subject to Clause 23.6, RDOs not attached to a Designated Long Weekend are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs payment shall include the daily 'Fares Allowance', and any applicable allowances as prescribed by this Agreement. 29 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve
months continuous service.
f) Each day of paid leave taken and any public holiday occurring during any
cycle of two weeks will be a day worked for accrual purposes.
g) Upon commencement of employment, Employees who have not worked a
complete ten day/two-week cycle, shall receive pro-rata accrual entitlements
for the first RDO or group of RDOs falling after their commencement of
employment. Thereafter, for the duration of employment with that employer,
RDOs will be paid in full as they occur.
23.3 RDO Schedule, Public Holidays, Designated Long Weekends and
Christmas Annual Leave
a) The agreed RDO calendar for the Employer (unless otherwise varied in
accordance with this Agreement) is in Appendix 6 and reflects the agreed
scheduling of Designated Long Weekends, Flexible Rostered Days Off,
Scheduled Rostered Days Off and Christmas/Easter Annual Leave
shutdown for 2021, 2022, 2023 and 2024.
b) On the last day of work prior to a Designated Long Weekend, as far as
practical, work shall cease by 3.30pm.
23.4 Work on Scheduled RDOs and Designated Long Weekends for projects other
than Identified Projects.
a) The Company and its Employees may agree, where there is a need for
genuine operational reasons, work may be carried out on Scheduled
RDO/Designated Long Weekends if the Company first consults with and
agrees about the need to carry out work with the majority of the Employees.
As far as practical given operational requirements, the Company will give
employees at least 7 days' written notice of any such need for work to occur
so as to ensure appropriate consultation. Such requirements must be based
on genuine circumstances. If 7 days notice is not provided by the Employer
then the affected Employees, in addition to accrued entitlements, shall be
paid double time and a half and shall bank an additional RDO over and
above the time accrued.
b) An Employee may refuse to work on a scheduled RDO (or any substituted
day) if the requirement to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week of the
scheduled RDO;
(ii) the number of scheduled RDOs worked by the Employee within the previous
six weeks;
(iii) the Employee's family responsibilities; and
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e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months continuous service. f) Each day of paid leave taken and any public holiday occurring during any cycle of two weeks will be a day worked for accrual purposes. g) Upon commencement of employment, Employees who have not worked a complete ten day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur. 23.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this Agreement) is in Appendix 6 and reflects the agreed scheduling of Designated Long Weekends, Flexible Rostered Days Off, Scheduled Rostered Days Off and Christmas/Easter Annual Leave shutdown for 2021, 2022, 2023 and 2024. b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall cease by 3.30pm. 23.4 Work on Scheduled RDOs and Designated Long Weekends for projects other than Identified Projects. a) The Company and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the Company first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Company will give employees at least 7 days' written notice of any such need for work to occur so as to ensure appropriate consultation. Such requirements must be based on genuine circumstances. If 7 days notice is not provided by the Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time and a half and shall bank an additional RDO over and above the time accrued. b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee's family responsibilities; and 30 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(iv) any other special circumstances peculiar to the Employee.
c) Except on Designated Long Weekends, in addition to accrued entitlements,
such work on any scheduled RDO that is not attached to a Designated Long
weekend and where notice is given in accordance with clause 23.4 a) shall
be paid for at ordinary time rates of pay, including the daily 'Fares
Allowance' and any applicable allowances as prescribed by this Agreement.
d) On Designated Long Weekends, in addition to accrued entitlements such
work shall be paid for at double time and a half, including the daily 'Fares
Allowance' and any applicable allowances as prescribed by this Agreement
and the Employee shall bank an additional RDO over and above the time
accrued.
e) All Employees who work on the Scheduled RDO will be granted an
alternative RDO to another day falling within six weeks of the originally
scheduled day provided that the re-scheduled RDO is to be taken on a day
or days adjacent to a 'weekend or in conjunction with annual leave, or as
otherwise agreed by the Employee and the Company, such agreement not
to be unreasonably withheld.
23.5 Work on Scheduled RDOs and Designated Long Weekends for
Identified Projects
This sub clause will apply for Work on Scheduled RDOs and Designated
Long Weekends for Identified Projects that are structured over a 5-day,
Monday to Friday working week.
Hours of Work
The provisions of Clause 23.1 of the Agreement apply.
Overtime
a) It is the intention of the Employer and Employees that excessive overtime
will not be worked.
b) To this end the general standard of weekly hours will usually not be more
than 50 hours per week, which shall be taken to mean not more than 10
hours per day Monday to Friday, for an individual Employee. The aforesaid
'usual weekly hours' of the affected Employees may by agreement be
exceeded from time to time to perform works which the Employer considers
necessary and to meet operational requirements, including but not limited to
the need to perform works which are critical to the ongoing productivity or
safety of other employees on the project or where a critical work task is
delayed due to unforeseen circumstances.
c) Reflecting this intention, it is recognised that the Employer is not restricted
as to the setting of daily hours within the 50-hour general standard.
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(iv) any other special circumstances peculiar to the Employee. c) Except on Designated Long Weekends, in addition to accrued entitlements, such work on any scheduled RDO that is not attached to a Designated Long weekend and where notice is given in accordance with clause 23.4 a) shall be paid for at ordinary time rates of pay, including the daily 'Fares Allowance' and any applicable allowances as prescribed by this Agreement. d) On Designated Long Weekends, in addition to accrued entitlements such work shall be paid for at double time and a half, including the daily 'Fares Allowance' and any applicable allowances as prescribed by this Agreement and the Employee shall bank an additional RDO over and above the time accrued. e) All Employees who work on the Scheduled RDO will be granted an alternative RDO to another day falling within six weeks of the originally scheduled day provided that the re-scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in conjunction with annual leave, or as otherwise agreed by the Employee and the Company, such agreement not to be unreasonably withheld. 23.5 Work on Scheduled RDOs and Designated Long Weekends for Identified Projects This sub clause will apply for Work on Scheduled RDOs and Designated Long Weekends for Identified Projects that are structured over a 5-day, Monday to Friday working week. Hours of Work The provisions of Clause 23.1 of the Agreement apply. Overtime a) It is the intention of the Employer and Employees that excessive overtime will not be worked. b) To this end the general standard of weekly hours will usually not be more than 50 hours per week, which shall be taken to mean not more than 10 hours per day Monday to Friday, for an individual Employee. The aforesaid 'usual weekly hours' of the affected Employees may by agreement be exceeded from time to time to perform works which the Employer considers necessary and to meet operational requirements, including but not limited to the need to perform works which are critical to the ongoing productivity or safety of other employees on the project or where a critical work task is delayed due to unforeseen circumstances. c) Reflecting this intention, it is recognised that the Employer is not restricted as to the setting of daily hours within the 50-hour general standard. 31 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
d) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours which
are unreasonable having regard to matters including:
(i) any risk to Employee health and safety including the risk of fatigue i.e.
excessive hours, exposure to noise, fumes, or any matter that can impair an
Employee's ability to work safely and/or create a danger to Employees; or
(ii) the Employee's personal circumstances including any family responsibilities;
or
(iii) the notice (if any) given by the Employer of the overtime and by the
Employee of his or her intention to refuse it; or
(iv) any other relevant matter.
Rostered Days Off
The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the
following exceptions:
a) Projects will be fully operational on all scheduled RDOs days not attached to
a Designated Long Weekend (which include the Easter and Christmas
shutdown periods).
b) If an Employee works on a scheduled RDO, they will take the accrued RDO
as a substitute day within prior to the next scheduled RDO from the
Scheduled RDO falling in the RDO calendar
Weekend Work
a) Weekend work will be limited to where there is a need for genuine
operational reasons to undertake specific works on weekends which may be
high risk in nature or have an effect on existing facilities or areas outside the
project. High risk works, or works having effect as outlined above would
include, but not be limited to the following:
(i) service shutdowns involving external authorities; or
(ii) connections to existing buildings.
b) Before the Company commences consultation regarding the requirement for
Weekend Work, the Company must have approval from (insert most senior
person title in the region) or equivalent. No work is authorised unless this
approval is provided in writing.
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d) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: (i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee's ability to work safely and/or create a danger to Employees; or (ii) the Employee's personal circumstances including any family responsibilities; or (iii) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it; or (iv) any other relevant matter. Rostered Days Off The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the following exceptions: a) Projects will be fully operational on all scheduled RDOs days not attached to a Designated Long Weekend (which include the Easter and Christmas shutdown periods). b) If an Employee works on a scheduled RDO, they will take the accrued RDO as a substitute day within prior to the next scheduled RDO from the Scheduled RDO falling in the RDO calendar Weekend Work a) Weekend work will be limited to where there is a need for genuine operational reasons to undertake specific works on weekends which may be high risk in nature or have an effect on existing facilities or areas outside the project. High risk works, or works having effect as outlined above would include, but not be limited to the following: (i) service shutdowns involving external authorities; or (ii) connections to existing buildings. b) Before the Company commences consultation regarding the requirement for Weekend Work, the Company must have approval from (insert most senior person title in the region) or equivalent. No work is authorised unless this approval is provided in writing. 32 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
c) Work may be carried out on a weekend if the Company consults and agrees
with the majority of the affected Employees (and if nominated, their
representative) about the need to carry out work. As far as practical, given
operational requirements, the Company will give affected Employees at
least 7 days' written notice of any such need for work to occur, so as to
ensure appropriate consultation. Such work shall be paid at the rate of
double the ordinary rate of pay for all hours worked.
d) If 7 days written notice is not provided by the Employer, then the affected
Employees, shall be paid double time and a half of the ordinary rate of pay.
This will not apply for events outside the control of the Employer, where
emergency work is required to be undertaken.
e) Where work is required to be conducted over two (2) consecutive weekends and
an RDO is not taken over this period, Employees who work on consecutive
weekends will take the RDO foregone at an alternative day falling within six (6)
weeks of the originally scheduled day, provided the re-scheduled RDO is to be
taken on a day (or days) adjacent to a Saturday or Sunday or RDO, in
conjunction with annual leave, or as otherwise agreed by the Employee and the
Company. Such agreement will not be unreasonably withheld.
23.6 Banking of RDOs
a) Where the Employer and Employee agree up to six days RDOs in a
twelve month period may be accrued for the purpose of creating a
bank to be drawn upon by the Employee at times mutually agreed.
Details of such banked RDOs shall be entered on to each Employee's
employment records. These RDOs may be taken as a group of
consecutive days or any other combination subject to reasonably
notice by an Employee.
23. 7 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. 7 Employees will be entitled to take five minutes immediately before lunch and
before finishing time to enable them to wash and put away gear. The
washing time breaks will be counted as time worked.
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c) Work may be carried out on a weekend if the Company consults and agrees with the majority of the affected Employees (and if nominated, their representative) about the need to carry out work. As far as practical, given operational requirements, the Company will give affected Employees at least 7 days' written notice of any such need for work to occur, so as to ensure appropriate consultation. Such work shall be paid at the rate of double the ordinary rate of pay for all hours worked. d) If 7 days written notice is not provided by the Employer, then the affected Employees, shall be paid double time and a half of the ordinary rate of pay. This will not apply for events outside the control of the Employer, where emergency work is required to be undertaken. e) Where work is required to be conducted over two (2) consecutive weekends and an RDO is not taken over this period, Employees who work on consecutive weekends will take the RDO foregone at an alternative day falling within six (6) weeks of the originally scheduled day, provided the re-scheduled RDO is to be taken on a day (or days) adjacent to a Saturday or Sunday or RDO, in conjunction with annual leave, or as otherwise agreed by the Employee and the Company. Such agreement will not be unreasonably withheld. 23.6 Banking of RDOs a) Where the Employer and Employee agree up to six days RDOs in a twelve month period may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs shall be entered on to each Employee's employment records. These RDOs may be taken as a group of consecutive days or any other combination subject to reasonably notice by an Employee. 23.7 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. 23.7 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. 33 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
24.3a One Break per Day.
If for any reason only One ( 1) break is taken per day, any time worked after
Eight (8) will be deemed as overtime and appropriate penalties
rates will apply. Applicable to Monday to Friday work only.
For example:
Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m.
Start Time 7.00 a.m. - 30 Minute Break- penalties apply after 3 p.m.
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 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.
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24. WORK BREAKS 24.1 Meal breaks There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. 24.2 Variation of meal breaks Where, because of the area or location of a project the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 24.3 Daily rest breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. 24.3a One Break per Day. If for any reason only One (1) break is taken per day, any time worked after Eight (8) will be deemed as overtime and appropriate penalties rates will apply. Applicable to Monday to Friday work only. For example: Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m. Start Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m. 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 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. 34 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
25.
25.1
(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 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.
OVERTIME
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) From the 1st of April 2023 all overtime will be paid at the rate of double
time
25.1.2 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.
25.1.3 Working during meal break
If the employer requires an employee to work through their normal meal
break the employee will be paid at the rate of double time until the employee
is allowed to take such a break. Where the meal break is shortened by
agreement, the employer will pay for the period by which the meal break is
shortened, which will then form part of ordinary time hours.
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(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 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) From the 1st of April 2023 all overtime will be paid at the rate of double time 25.1.2 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. 25.1.3 Working during meal break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. 35 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
25.1.4 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 .. 1.5 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
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.
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25.1.4 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 .. 1.5 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 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. 36 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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
an RDO 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.
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.
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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 an RDO 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. 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. 37 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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 half (150%).
27.11 The starting and finishing hours for night shift work will be agreed upon
mutually between the employer and a majority of affected employees. The
provisions relating to clause 23 -Ordinary Hours of work and Clause 29 -
Annual Leave apply to employees working shift work provided that the
starting time for ordinary night shift hours will not be before 3.00pm.
When an employee, after having worked overtime for which the employee has
not been regularly rostered or on a prescribed holiday, finishes work at a time
when reasonable means of transport are not available the employer will pay
the cost of or provide a conveyance to their home or to the nearest public
transport.
28. PUBLIC HOLIDAYS AND HOLIDAY WORK
An employee will be entitled to the following holidays without deduction of
pay:
New Years' Day Anzac Day
Australia Day Queen's Birthday
Good Friday Labour Day
Easter Saturday Christmas Day
Easter Monday Boxing Day
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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 half (150%). 27.11 The starting and finishing hours for night shift work will be agreed upon mutually between the employer and a majority of affected employees. The provisions relating to clause 23 -Ordinary Hours of work and Clause 29 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 28. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay New Years' Day Anzac Day Australia Day Queen's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day 38 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
28.3 Family Picnic Day
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
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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. 28.3 Family Picnic Day 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 39 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
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.
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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. 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. 40 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(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's Rates of Pay.
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
(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 employer will give at least two months' notice to employees
of their intention so to do.
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(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's Rates of Pay. 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 (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 employer will give at least two months' notice to employees of their intention so to do. 41 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
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.
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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. 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. 42 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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 stepchild 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
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).
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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 stepchild 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 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). 43 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
32. PARENTAL LEAVE
The provision of parental leave under this agreement shall be in accordance
with the National Employment Standards (NES).
33. WORK HEAL TH AND SAFETY & DISPUTES SETTLING PROCEDURE
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.
33.1 Resolving Health and Safety Issues
a) When a health and safety issues arise, the matter should be referred
to the Employer's safety representative or supervisor. The
supervisor shall discuss the matter with the person and the elected
employee Health & Safety Representative (HSR) (if on site) with a
view to agreeing on a safe working procedure to minimise and
eliminate where possible the risk of injury or disease.
b) Where the supervisor or the HSR reasonably consider there is an
immediate risk to the health and safety of any person they must
immediately consult, and if the concern remains unresolved, they
may, jointly or singularly, direct that work in that particular area, or
by that particular method, cease (immediate risk means that there is
a degree of danger which is likely to cause injury or disease before
the risk can be eliminated).
c) Work in the affected area(s) shall cease and employees shall be
relocated to work in alternative safe areas where work is available in
their classification.
d) Employees may be relocated to other job sites where there is safe
work available in their classification.
e) Where there is no work available for the particular employees, they
shall remain on site and make themselves readily available for
resumption of work without loss of pay. Failure to do so shall negate
any claim for payment. Provided that the Employer will not
unreasonably require employees to remain for an unreasonable time
period where there is no reasonable prospect of a resumption of
work that day.
f) Where work in an affected area has ceased in accordance with this
clause, the Employer may require particular employees to perform
rectification work in the affected area, where such rectification work
is of the same type as the employee's trade including housekeeping
in their particular work area. For clarity, this does not include
dewatering. Those employees who remain on site to perform
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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 & DISPUTES SETTLING PROCEDURE 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. 33.1 Resolving Health and Safety Issues a) When a health and safety issues arise, the matter should be referred to the Employer's safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected employee Health & Safety Representative (HSR) (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease. b) Where the supervisor or the HSR reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated). c) Work in the affected area(s) shall cease and employees shall be relocated to work in alternative safe areas where work is available in their classification. d) Employees may be relocated to other job sites where there is safe work available in their classification. e) Where there is no work available for the particular employees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day. f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular employees to perform rectification work in the affected area, where such rectification work is of the same type as the employee's trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those employees who remain on site to perform 44 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
rectification work will be paid overtime rates during the period in
which they perform the rectification work.
g) At all times, the elected employee HSR may seek the assistance of
a Representative in accordance with the applicable legislation, and
the supervisor may also seek advice or assistance.
h) Where the supervisor and the employee HSR cannot agree on a
procedure, either party may call in a Safe work Inspector, who may
provide advice on the proposed procedure.
i) The supervisor and the employee HSR shall agree on the best
method of rectifying the problem.
j) At all times, employees must not work in situations where there is a
genuine risk to their health and safety.
k) A dispute relating to the subject matter of this clause may be dealt
with via the dispute resolution procedure below.
33.2 Resolving Other Issues
34.
34.1
34.2
a) Where a dispute arises over permitted matters (as currently defined
in the Fair Work Act), the application of this Agreement or the NES,
the matter shall be first submitted by the Union, employee or
Employee Representative (if any) to the supervising officer or
another appropriate manager, or vice versa. If not settled, the matter
may be referred to more senior persons.
b) While this procedure is being followed the status quo that existed
immediately prior to the events that gave rise to the dispute will
remain and, subject to this, work shall continue normally where it is
agreed that there is an existing custom and practice, but in other
cases the work shall continue at the instruction of the Employer.
Failure to continue shall be a breach of the Agreement.
INCLEMENT WEATHER
Inclement weather will mean the existence of abnormal climatic
conditions such as rain, hail, snow, cold, high wind, smoke, severe dust
storm, extreme of high temperature of 35 degrees 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.
Process to be followed:
• Employees or their representative may request to meet with the
employer or their representative for the purposes of determining whether
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rectification work will be paid overtime rates during the period in which they perform the rectification work. g) At all times, the elected employee HSR may seek the assistance of a Representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance. h) Where the supervisor and the employee HSR cannot agree on a procedure, either party may call in a Safe work Inspector, who may provide advice on the proposed procedure. i) The supervisor and the employee HSR shall agree on the best method of rectifying the problem. j) At all times, employees must not work in situations where there is a genuine risk to their health and safety. k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below. 33.2 Resolving Other Issues a) Where a dispute arises over permitted matters (as currently defined in the Fair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, employee or Employee Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons. b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement. 34 INCLEMENT WEATHER 34.1 Inclement weather will mean the existence of abnormal climatic conditions such as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme of high temperature of 35 degrees 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 45 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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:
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 walkway 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 workday; or
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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: 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 walkway 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 workday; or 46 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• 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:
• a covered walkway 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;
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· 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: · a covered walkway 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; 47 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• 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.
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 $1500 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
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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. 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 $1500 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 48 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
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 5.
(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. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
38.1 This clause applies to all employees, including casuals.
38.2 Definitions:
In this clause:
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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. 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 5. (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. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 38.1 This clause applies to all employees, including casuals. 38.2 Definitions: In this clause: 49 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Family and domestic violence means violent, threatening or other abusive
behaviour by a family member of an employee that seeks to coerce or
control the employee and that causes them harm or to be fearful.
Family Member Means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or
sibling of the employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de
facto partner of the employee; or
(iii) a person related to the employee according to Aboriginal or Torres
Strait Islander kinship rules.
A reference to a spouse or de facto partner in the definition of family member
in clause 38.2(a) includes a former spouse or de facto partner.
38.3 Entitlement To Unpaid Leave
An employee is entitled to 5 days' unpaid leave to deal with family and
domestic violence, as follows:
(a) the leave is available in full at the start of each 12 month period of the
employee's employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note:
1. A period of leave to deal with family and domestic violence may be
less than a day by agreement between the employee and the
employer.
2. The employer and employee may agree that the employee may take
more than 5 days' unpaid leave to deal with family and domestic
violence.
38.4 Taking Unpaid Leave
An employee may take unpaid leave to deal with family and domestic
violence if the employee:
(a) is experiencing family and domestic violence; and
(b) needs to do something to deal with the impact of the family and
domestic violence and it is impractical for the employee to do that thing
outside their ordinary hours of work.
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Family and domestic violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful. Family Member Means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules. A reference to a spouse or de facto partner in the definition of family member in clause 38.2(a) includes a former spouse or de facto partner. 38.3 Entitlement To Unpaid Leave An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12 month period of the employee's employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual employees. Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer. 2. The employer and employee may agree that the employee may take more than 5 days' unpaid leave to deal with family and domestic violence. 38.4 Taking Unpaid Leave An employee may take unpaid leave to deal with family and domestic violence if the employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work. 50 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Note: The reasons for which an employee may take leave include making
arrangements for their safety or the safety of a family member (including
relocation), attending urgent court hearings, or accessing police services.
38.5 Service And Continuity
The time an employee is on unpaid leave to deal with family and domestic
violence does not count as service but does not break the employee's
continuity of service.
38.6 Notice And Evidence Requirements
(a) Notice An employee must give their employer notice of the taking of
leave by the employee under clause 38. The notice:
(i) must be given to the employer as soon as practicable (which may be
a time after the leave has started); and
(ii) must advise the employer of the period, or expected period, of the
leave.
(b) Evidence
An employee who has given their employer notice of the taking of leave
under clause 38 must, if required by the employer, give the employer
evidence that would satisfy a reasonable person that the leave is taken for
the purpose specified in clause 38.4.
38.7 Note:
Depending on the circumstances such evidence may include a document
issued by the police service, a court or a family violence support service, or
a statutory declaration.
38.8 Confidentiality
Employers must take steps to ensure information concerning any notice an
employee has given, or evidence an employee has provided under clause
38.6 is treated confidentially, as far as it is reasonably practicable to do so.
Nothing in clause 38 prevents an employer from disclosing information
provided by an employee if the disclosure is required by an Australian law or
is necessary to protect the life, health or safety of the employee or another
person.
Note: Violence is sensitive and if mishandled can have adverse
consequences for the employee. Employers should consult with such
employees regarding the handling of this information.
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Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services. 38.5 Service And Continuity The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee's continuity of service. 38.6 Notice And Evidence Requirements (a) Notice An employee must give their employer notice of the taking of leave by the employee under clause 38. The notice: (i) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (ii) must advise the employer of the period, or expected period, of the leave (b) Evidence An employee who has given their employer notice of the taking of leave under clause 38 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 38.4. 38.7 Note: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. 38.8 Confidentiality Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 38.6 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in clause 38 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person. Note: Violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. 51 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
39.
39.1
39.2
Compliance
An employee is not entitled to take leave under clause 38 unless the
employee complies with clause 38.
DISPUTES SETTLEMENT PROCEDURES
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.
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.
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Compliance An employee is not entitled to take leave under clause 38 unless the employee complies with clause 38. 39. DISPUTES SETTLEMENT PROCEDURES 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. 52 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(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
(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;
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(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 (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; 53 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
iii. where appropriate, suggest particular dispute resolution
techniques for individual issues aimed at narrowing the matters in
dispute quickly, fairly and cost-effectively; and
iv. act as the facilitator of direct negotiations between the parties.
(d) The parties further agree that during the conciliation, the FWC may, at
its discretion, discuss the matter(s) in dispute privately with any of the
parties to the dispute or their representatives. The FWC shall keep
confidential the content of any such discussion and shall not expressly
or impliedly convey the content of such discussion (or part thereof)
unless specifically authorised to do so.
(e) If the FWC is of the view that having completed the above process the
matter(s) in dispute remains unresolved, it may:
i. make suggestions for resolution of the dispute;
ii. express opinions as to what would constitute a reasonable
resolution of the dispute, or any part thereof; or
iii. if the matter in dispute is not resolved, it may within seven (7) days
of notice of termination provide a written report to the parties
expressing the FWC's opinion of what would constitute a reasonable
resolution of the dispute, or any part thereof.
(f) Any function performed by the FWC in this regard is advisory only
and is not binding upon the parties.
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 its 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.
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iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; and iv. act as the facilitator of direct negotiations between the parties. (d) The parties further agree that during the conciliation, the FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The FWC shall keep confidential the content of any such discussion and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. (e) If the FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: i. make suggestions for resolution of the dispute; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the FWC's opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. (f) Any function performed by the FWC in this regard is advisory only and is not binding upon the parties. 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 its 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. 54 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(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
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.
42.1
42.2
WORKPLACE FLEXIBILITY
The terms of the Agreement may be varied by an individual flexibility
arrangement ("IFA").
The Employer will not make an IFA unless the following conditions are
satisfied:
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(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 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: 55 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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
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
42.13 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.
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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 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 42.13 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. 56 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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:
(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
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43.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.4 I (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: (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 57 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
43.10
(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
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
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(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 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 (b) representative for the purposes of consultation; and 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 58 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
(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:
relevant employees mean 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.
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(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: relevant employees mean 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. 59 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -- Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
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 backpay 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 person engaged 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 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.
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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. 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 backpay 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 person engaged 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 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. 60 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
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.
46. HEAT POLICY
The parties recognise the risk to worker health caused by exposure to
high temperatures in the work environment. To reduce the potential for
heat related illness, the parties agree to the following heat policy.
Workers should be alerted to possible extreme or excess heat
conditions by the Company, HSR and/or the WHS Committee before
commencing work or as soon as practicable after work commences.
Once the temperature reaches 35 degrees, there will be an orderly
cessation of work and preparations for safe completions of critical tasks
currently under way.
During periods of hot weather, if there are areas of the workplace that
are below 35°, work shall continue as normal. Workers will walk a
reasonable distance through the open to and from amenities, provided
it does not pose a serious threat to their health or safety.
46.1 Monitoring of Temperature
Temperatures shall be measured on site by a temperature gauge
compliant to Australian Standards and located as agreed by the HSR
and the WHS Committee.
Temperatures shall be monitored during the course of the day by the
Company and the HSR.
If gauges are not available - or malfunction, readings shall be taken
from the nearest
Bureau of Meteorology (BOM) weather station.
46.2 Humidity
Humidity creates a significant risk to workers' health and safety.
Consultation with workers must take place when humidity exceeds 75% to
assess all risks associated with the work being performed. Things taken into
account shall include:
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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. 46. HEAT POLICY The parties recognise the risk to worker health caused by exposure to high temperatures in the work environment. To reduce the potential for heat related illness, the parties agree to the following heat policy. Workers should be alerted to possible extreme or excess heat conditions by the Company, HSR and/or the WHS Committee before commencing work or as soon as practicable after work commences. Once the temperature reaches 35 degrees, there will be an orderly cessation of work and preparations for safe completions of critical tasks currently under way. During periods of hot weather, if there are areas of the workplace that are below 35º, work shall continue as normal. Workers will walk a reasonable distance through the open to and from amenities, provided it does not pose a serious threat to their health or safety. 46.1 Monitoring of Temperature Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards and located as agreed by the HSR and the WHS Committee. Temperatures shall be monitored during the course of the day by the Company and the HSR. If gauges are not available - or malfunction, readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 46.2 Humidity Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks associated with the work being performed. Things taken into account shall include: 61 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• Monitoring and improving air flow/ventilation;
• The health/medical conditions of individual workers;
• Rescheduling work so that tasks are performed in cooler, less humid
parts of the day;
• Job rotation to reduce the amount of direct exposure to humidity;
• Provision of temporary shade and electric fans;
• Scheduled hourly drink breaks of approximately 5-10 minutes in
shade;
• Provision of cool drinking water;
• Provision of extra and regular work breaks in cooler areas (i.e. Air
conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision.
46.3 Guide to Heat Stress symptoms
Heat illness covers a range of medical conditions that can arise when the
body is unable to properly cope with working in heat. These conditions
include:
• Heat stroke - a life threatening condition that requires immediate
first aid and medical attention;
• Fainting;
• Heat exhaustion I fatigue;
• Heat cramps;
• Rashes (also called prickly heat); and
• Magnifying of pre-existing illnesses and conditions.
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or
weak. Clumsiness collapse and convulsions may also be experienced as a
result of heat illness. Workers with these signs or symptoms need to seek
immediate medical attention.
46.4 Control Measures
The following control measures shall be employed on site to prevent the
effects of Heat Stress:
• Workers shall have easy access to cool, clean drinking water;
• Caffeinated drinks should be avoided as they promote dehydration;
• Mist busters will be deployed for dust suppression and aid in
worker comfort in earthworks zones;
• Physical activity/tasks reduced where possible;
• Rotation of workers;
• Work in cooler parts of the day;
• Utilise Shaded areas;
• Reduction of PPE, where permissible;
• Wear light clothing under coveralls;
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· Monitoring and improving air flow/ventilation; · The health/medical conditions of individual workers; · Rescheduling work so that tasks are performed in cooler, less humid parts of the day; · Job rotation to reduce the amount of direct exposure to humidity; · Provision of temporary shade and electric fans; · Scheduled hourly drink breaks of approximately 5-10 minutes in shade; · Provision of cool drinking water; · Provision of extra and regular work breaks in cooler areas (i.e. Air- conditioned site sheds); Use of mechanical aids to reduce physical exertion; and · Adequate supervision. 46.3 Guide to Heat Stress symptoms Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: Heat stroke - a life threatening condition that requires immediate first aid and medical attention; Fainting; Heat exhaustion I fatigue; Heat cramps; Rashes (also called prickly heat); and Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 46.4 Control Measures The following control measures shall be employed on site to prevent the effects of Heat Stress: Workers shall have easy access to cool, clean drinking water; . . Caffeinated drinks should be avoided as they promote dehydration; Mist busters will be deployed for dust suppression and aid in worker comfort in earthworks zones; Physical activity/tasks reduced where possible; Rotation of workers; Work in cooler parts of the day; Utilise Shaded areas; Reduction of PPE, where permissible; Wear light clothing under coveralls; 62 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• Individuals should seek medical advice on the effect of medication
being taken and communicate with the Company and/or the HSR if
they believe necessary;
• In addition, rest breaks as needed by an individual. Individuals
should not be discouraged from taking needed rest breaks;
• It is expected mandated breaks of "smoko" and lunch be adhered
to; and Training.
46.5 Incident Response / First Aid
Employees experiencing symptoms of heat stress must report to the first aid
shed and receive medical attention. If unable to walk to the shed, normal
first aid procedures will apply.
46.7 Incident Reporting
All heat related incidents are to be reported to the Company and the PCBU.
After any reported heat related incident, the Company shall immediately
advise the HSR, site WHS Committee and the PCBU.
The Company must advise the HSR, site WHS Committee and PCBU of any
lost time injuries, discomfort or related complaints and absenteeism related
to heat.
46.8 Training
All workers will be trained in mitigating and recognising heat stress illness
symptoms, in themselves and others. With refresher training to take place
annually.
First Aiders need to be specifically trained in responding to heat related
incidences.
Training shall be provided by a suitably qualified organisation.
46.9 Sun Safe Tips
In addition to the effects of heat, skin cancers are a major concern for
workers in the industry. The company shall ensure the following principles
are implemented:
• Employees are provided with and wear a broad brim hard hat attachment
including neck flap;
• Employees are provided with and wear light coloured, long-sleeved
collared shirts with a minimum UPF of 50+;
• Employees are provided with and wear long trousers or shorts that go to
the knee;
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Individuals should seek medical advice on the effect of medication being taken and communicate with the Company and/or the HSR if they believe necessary; In addition, rest breaks as needed by an individual. Individuals should not be discouraged from taking needed rest breaks; It is expected mandated breaks of "smoko" and lunch be adhered to; and Training. 46.5 Incident Response / First Aid Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. 46.7 Incident Reporting All heat related incidents are to be reported to the Company and the PCBU. After any reported heat related incident, the Company shall immediately advise the HSR, site WHS Committee and the PCBU. The Company must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. 46.8 Training All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. With refresher training to take place annually. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 46.9 Sun Safe Tips In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The company shall ensure the following principles are implemented: · Employees are provided with and wear a broad brim hard hat attachment including neck flap; · Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+; · Employees are provided with and wear long trousers or shorts that go to the knee; 63 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• The company must ensure clothing is lightweight, comfortable, well
ventilated and does not restrict movement;
• Employees are provided sunglasses that meet Australian Standards and
are safe for driving;
• Employees are provided with a broad spectrum sunscreen with a
minimum SPF of 30+ and lip balm;
• Employees are provided with portable shade where possible and are
advised to work in natural shade where possible;
• New employees at any site shall be informed, trained and supervised in
sun safe techniques;
• All building workers should have their skin checked regularly by a doctor,
regardless of age; and
• Employees are encouraged to monitor their skin and look out for
new or unusual spots, a sore that won't heal, or a spot or mole that
has changed size, shape or colour.
47. DRUG AND ALCOHOL POLICY
• The drug and alcohol policy contained below shall apply.
• Employees shall be trained and inducted in any drug and alcohol
policies that apply to them. Failure to do so shall mean that such
policy cannot be used against them.
• Notwithstanding the above, the following Drug and Alcohol principles shall
apply:
• Where practicable, self-testing shall be available for both drugs and
alcohol.
• Drug testing may be undertaken by oral fluid testing. The equipment used
to perform the test shall be used, tested and calibrated to the
manufacturer's instructions and certified to AS 4 760 (Processes for
specimen collection and the detection and quantitation of drug in oral
fluid). In the event drug testing utilises other than oral fluid testing, the
type of test must be one that establishes that that the employee has
recently used (within 48 hours) drugs and is impaired in relation to the
performance of their role.
•Alcohol testing may only be done by use of an Accredited Breath Test
device. The device must be calibrated and meet the minimum
requirements of AS3547.
• Drug and Alcohol testing shall not be used to unfairly target employees.
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· The company must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement; · Employees are provided sunglasses that meet Australian Standards and are safe for driving; · Employees are provided with a broad spectrum sunscreen with a minimum SPF of 30+ and lip balm; · Employees are provided with portable shade where possible and are advised to work in natural shade where possible; · New employees at any site shall be informed, trained and supervised in sun safe techniques; · All building workers should have their skin checked regularly by a doctor, regardless of age; and . Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. 47. DRUG AND ALCOHOL POLICY . The drug and alcohol policy contained below shall apply. · Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. · Notwithstanding the above, the following Drug and Alcohol principles shall apply: · Where practicable, self-testing shall be available for both drugs and alcohol. . Drug testing may be undertaken by oral fluid testing. The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. · Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS3547. · Drug and Alcohol testing shall not be used to unfairly target employees. 64 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
47.1 Preamble
All parties in the industry are committed to the provision of safe and healthy
workplaces.
The attainment of this objective can be undermined by the hazardous use of
alcohol and other drugs by some individuals on occasions.
There are many factors which determine alcohol and other drug usage
patterns. Some relate to personal and social matters. Others may relate to
work culture and conditions.
Research has highlighted that industry has a high level of alcohol use. This
may affect Work Health and Safety.
This policy aims to facilitate the implementation of practical ways in which
workers themselves can address the alcohol and other drug issues which
affect them, their families and co-workers. It provides guidelines which may
be adapted to meet the specific conditions of different workplaces.
47.2 Principles
Safety is paramount:
• Prevention of Safety and Health problems is the primary goal of alcohol
and drug policy formulation.
• Policy implementation and program management is best founded on
consultation and collaboration between employees and management.
• Employees with alcohol and / or other drug problems will be provided with
appropriate assistance, support and access to intervention program
without jeopardising their employment.
47.3 Objectives
• To establish a program run by and for workers, which enables alcohol
and other drug issues to be addressed at the workplace.
• To expand awareness of alcohol and other drug use as a Work Health
and Safety issue.
• To enable industry factors likely to influence alcohol and other drug use
(e.g. extended working hours, peer group pressure) to be recognised and
addressed.
• To provide a basis for health promotion in the industry.
• To enable a consistent approach to alcohol and other drug issues across
the industry in New South Wales.
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47.1 Preamble All parties in the industry are committed to the provision of safe and healthy workplaces. The attainment of this objective can be undermined by the hazardous use of alcohol and other drugs by some individuals on occasions. There are many factors which determine alcohol and other drug usage patterns. Some relate to personal and social matters. Others may relate to work culture and conditions. Research has highlighted that industry has a high level of alcohol use. This may affect Work Health and Safety. This policy aims to facilitate the implementation of practical ways in which workers themselves can address the alcohol and other drug issues which affect them, their families and co-workers. It provides guidelines which may be adapted to meet the specific conditions of different workplaces. 47.2 Principles Safety is paramount: · Prevention of Safety and Health problems is the primary goal of alcohol and drug policy formulation. · Policy implementation and program management is best founded on consultation and collaboration between employees and management. · Employees with alcohol and / or other drug problems will be provided with appropriate assistance, support and access to intervention program without jeopardising their employment. 47.3 Objectives · To establish a program run by and for workers, which enables alcohol and other drug issues to be addressed at the workplace. · To expand awareness of alcohol and other drug use as a Work Health and Safety issue. · To enable industry factors likely to influence alcohol and other drug use (e.g. extended working hours, peer group pressure) to be recognised and addressed. . To provide a basis for health promotion in the industry. · To enable a consistent approach to alcohol and other drug issues across the industry in New South Wales. 65 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
• To set out collaborative procedures for dealing with alcohol and drug
issues on building and other sites.
• To provide a structure to assist workers to get any help they need for
alcohol and I or other drug problems, confidentially and without
jeopardising their employment.
• To enable the development of a network of people, resources and
programs managed by and sensitive to the needs of workers with alcohol
and drug problems.
47.4 Goals
• To have this alcohol and other drugs policy adopted for implementation in
workplaces by meetings of employees.
• To increase knowledge amongst workers about health and safety risks
associated with alcohol and another drug use.
• To maintain optimum safety on site and to reduce the harmful impact of
alcohol and other drug use.
• To provide education about the safe use of alcohol and other drugs.
• To train and resource health and safety representatives and other
relevant personnel (where appropriate) to assist co-workers who are
affected by alcohol and/or other drugs.
47.5 Policy
47.5 Implementation and Management
a) Properly constituted Work Health and Safety (WH&S) Committees or,
where there is no WH&S Committee, Site Safety Supervisors/ Safety
Officers in conjunction with worker representatives, are the appropriate
bodies to implement and administer alcohol and drug policy/
programs.
b) For the objectives of this policy to be achieved, the full cooperation of
the Employer and Employees is required.
47.6 Application of Policy
The policy is to apply to all Employees and staff without distinction.
47.7 Persons Affected by Alcohol and/or Other Drugs
a) A person who is under the influence of alcohol and/or any other drug
will not be allowed to work on site whilst he/she is incapable of
performing safe work practices.
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· To set out collaborative procedures for dealing with alcohol and drug issues on building and other sites. · To provide a structure to assist workers to get any help they need for alcohol and / or other drug problems, confidentially and without jeopardising their employment. · To enable the development of a network of people, resources and programs managed by and sensitive to the needs of workers with alcohol and drug problems. 47.4 Goals · To have this alcohol and other drugs policy adopted for implementation in workplaces by meetings of employees. · To increase knowledge amongst workers about health and safety risks associated with alcohol and another drug use. . To maintain optimum safety on site and to reduce the harmful impact of alcohol and other drug use. . To provide education about the safe use of alcohol and other drugs. . To train and resource health and safety representatives and other relevant personnel (where appropriate) to assist co-workers who are affected by alcohol and/or other drugs. 47.5 Policy 47.5 Implementation and Management a) Properly constituted Work Health and Safety (WH&S) Committees or, where there is no WH&S Committee, Site Safety Supervisors / Safety Officers in conjunction with worker representatives, are the appropriate bodies to implement and administer alcohol and drug policy / programs. b) For the objectives of this policy to be achieved, the full cooperation of the Employer and Employees is required. 47.6 Application of Policy The policy is to apply to all Employees and staff without distinction. 47.7 Persons Affected by Alcohol and/or Other Drugs a) A person who is under the influence of alcohol and/or any other drug will not be allowed to work on site whilst he/she is incapable of performing safe work practices. 66 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
b) Any person who believes another person is a risk to his/her own or
another's safety should advise a Health and Safety representative
(HSR) in confidence. The HSR shall take appropriate action, based on
his/her assessment of the situation.
c) If the matter remains unresolved, the WH&S Committee and
management in consultation with the person concerned and the
person's representative will decide whether that person is capable of
performing safe work practices.
d) Disciplinary action may be taken by management following
consultation with the WH&S Committee and the person's
representative.
e) If disciplinary action is to be taken, one verbal warning, one written
warning
shall apply.
f) The WH&S Committee will, as a matter of course, follow up to ensure
that the person is aware of the policy and resources available to people
with alcohol and/or other drug problems, or other problems which may
underlie them.
g) (Where "WH&S Committee" is referred to hereafter, read "body
nominated to implement policy on site").
47.8 Rehabilitation/ Counselling
a) If a person is undertaking rehabilitation or counselling, he/she is
entitled to sick leave, negotiated leave without pay and other benefits
provided for by the Agreement.
b) An affected person will not be disadvantaged as a result of undertaking
rehabilitation or counselling.
c) The Employer will liaise with the person's representative to enable
appropriate assistance and support to be made available to him/her
during and on completion of rehabilitation (with his/her permission).
d) Confidentiality is to be maintained in all matters relating to the
rehabilitation and counselling, employment arrangements etc. of
individuals.
47.9 Employees At-Risk Through Medication Use
a) Employees who are taking medication which might affect their ability to
undertake any kind of work safely, should advise an HSR or the First
Aid Officer, who will act immediately to eliminate the risks.
b) No employee will be disadvantaged by his/her actions in this matter.
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b) Any person who believes another person is a risk to his/her own or another's safety should advise a Health and Safety representative (HSR) in confidence. The HSR shall take appropriate action, based on his/her assessment of the situation. ) If the matter remains unresolved, the WH&S Committee and management in consultation with the person concerned and the person's representative will decide whether that person is capable of performing safe work practices. d) Disciplinary action may be taken by management following consultation with the WH&S Committee and the person's representative. e) If disciplinary action is to be taken, one verbal warning, one written warning shall apply. f) The WH&S Committee will, as a matter of course, follow up to ensure that the person is aware of the policy and resources available to people with alcohol and/or other drug problems, or other problems which may underlie them. g) (Where "WH&S Committee" is referred to hereafter, read "body nominated to implement policy on site"). 47.8 Rehabilitation / Counselling a) If a person is undertaking rehabilitation or counselling, he/she is entitled to sick leave, negotiated leave without pay and other benefits provided for by the Agreement. b) An affected person will not be disadvantaged as a result of undertaking rehabilitation or counselling. c) The Employer will liaise with the person's representative to enable appropriate assistance and support to be made available to him/her during and on completion of rehabilitation (with his/her permission). d) Confidentiality is to be maintained in all matters relating to the rehabilitation and counselling, employment arrangements etc. of individuals. 47.9 Employees At-Risk Through Medication Use a) Employees who are taking medication which might affect their ability to undertake any kind of work safely, should advise an HSR or the First Aid Officer, who will act immediately to eliminate the risks. b) No employee will be disadvantaged by his/her actions in this matter. 67 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
47.10 Education and Prevention
a) The policy will be discussed and put forward for adoption on site at a
meeting of all workers.
b) It is the on-going responsibility of Unions and the Employer to ensure
that all Employees continue to be aware of the policy and program.
The WH&S Committee will assist in this process.
c) All relevant information shall be available on site and displayed as
appropriate.
d) From time to time the WH&S Committee, in consultation with
management, may initiate relevant health and safety promotional
activities in relation to alcohol and other drug use issues.
47.11 Provision of Alcohol at Social Events
Where social functions are held they will be located in a hazard-free area
where responsible serving of alcoholic beverages will apply. This includes
provision of non-alcoholic and low-alcoholic beverages.
47.12 Role of Work Health and Safety Committee on Site
• To encourage knowledge of policy and program by all workers on site.
• To ensure information about the policy and program is displayed.
• To ensure information relevant to alcohol and other drugs is circulated
amongst workers .
• To initiate and coordinate relevant health promotional activities to relation
to alcohol and other drugs, in consultation with management.
• To provide information and referral options to workers as requested.
•Tobe available for informal discussion with and follow-up of site
employees
when appropriate .
• To undertake intervention and follow-up of affected persons .
• To be available for discussion in regard to disciplinary action taken as a
result of a person being under the influence of alcohol and/or any other
drugs on site.
• To follow-up persons undertaking rehabilitation to ensure that appropriate
resources and supports are made available when requested .
• To encourage a peer support network on site.
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47.10 Education and Prevention a) The policy will be discussed and put forward for adoption on site at a meeting of all workers. b) It is the on-going responsibility of Unions and the Employer to ensure that all Employees continue to be aware of the policy and program. The WH&S Committee will assist in this process. c) All relevant information shall be available on site and displayed as appropriate. d) From time to time the WH&S Committee, in consultation with management, may initiate relevant health and safety promotional activities in relation to alcohol and other drug use issues. 47.11 Provision of Alcohol at Social Events Where social functions are held they will be located in a hazard-free area where responsible serving of alcoholic beverages will apply. This includes provision of non-alcoholic and low-alcoholic beverages. 47.12 Role of Work Health and Safety Committee on Site · To encourage knowledge of policy and program by all workers on site. · To ensure information about the policy and program is displayed. · To ensure information relevant to alcohol and other drugs is circulated amongst workers. · To initiate and coordinate relevant health promotional activities to relation to alcohol and other drugs, in consultation with management. · To provide information and referral options to workers as requested. · To be available for informal discussion with and follow-up of site employees when appropriate. · To undertake intervention and follow-up of affected persons. · To be available for discussion in regard to disciplinary action taken as a result of a person being under the influence of alcohol and/or any other drugs on site. · To follow-up persons undertaking rehabilitation to ensure that appropriate resources and supports are made available when requested. · To encourage a peer support network on site. 68 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
48. JURY SERVICE MAKE-UP PAY
49.
49.1
49.2
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.
STRUCTURED VOCATIONAL TRAINING
The parties to this Agreement recognise that the apprenticeship system of
structured vocational training that operates within the Plumbing, Mechanical
Services and Medical Gas Industry has been integral to the efficiency and
productivity of that industry
The parties are committed to maintaining the integrity of and improving upon
the existing system of structured vocational training. In this regard the
parties are committed to:-
(a) Working co-operatively in facilitating the transition from the existing
apprenticeship arrangements to the Australian Vocational Training
system, which leads directly to an outcome of Cert 3 ; and
(b) Ensuring that the trade skills required for the Plumbing, Mechanical
Services and Medical Gas industry will continue to be delivered through
system of structured vocational training system based on sequential
training through an apprenticeship (or equivalent contracts of training) to
an outcome of at least Plumbing Tradesperson
49.3 To facilitate ongoing structured vocational training the Employer will pay an
organisation approved by the CEPU:
(a) From 1 April 2020 - $17 .60 per week per employee including
apprentices covered by this agreement.
(b) From 1 April 2021 - $19.65 per week per employee including
apprentices covered by this agreement.
(c) From 1 April 2022 - $25.55 per week per employee including
apprentices covered by this agreement.
(d) From 1 April 2023 - $32.55 per week per employee including
apprentices covered by this agreement.
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48. 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. 49. STRUCTURED VOCATIONAL TRAINING 49.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the Plumbing, Mechanical Services and Medical Gas Industry has been integral to the efficiency and productivity of that industry 49.2 The parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. In this regard the parties are committed to :- (a) Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of Cert 3 ; and (b) Ensuring that the trade skills required for the Plumbing, Mechanical Services and Medical Gas industry will continue to be delivered through system of structured vocational training system based on sequential training through an apprenticeship (or equivalent contracts of training) to an outcome of at least Plumbing Tradesperson 49.3 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the CEPU: (a) From 1 April 2020 - $17.60 per week per employee including apprentices covered by this agreement. (b) From 1 April 2021 - $19.65 per week per employee including apprentices covered by this agreement. (c) From 1 April 2022 - $25.55 per week per employee including apprentices covered by this agreement. (d) From 1 April 2023 - $32.55 per week per employee including apprentices covered by this agreement. 69 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
50 ASBESTOS AWARENESS TRAINING
The Employer agrees to schedule an agreed asbestos awareness training
course.
(i) Training will be undertaken within six months of the commencement of
this Agreement for each current Employee who has not already
participated in the training; and
(ii) within three months of a new Employee commencing employment.
The course and provider of the training will be agreed with the Consultative
Committee.
51 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:
a) From the first full pay period after 1st April 2021 - The rate of pay will
be as per Appendix 1,2,3 - Table 1
b) From the first full pay period after 1st April 2022 - The rate of pay will
be as per Appendix 1,2,3- Table 2
c) From the first full pay period after 1st April 2023 - The rate of pay will
be as per Appendix 1,2,3 - Table 3
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50 ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. (i) Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and (ii) within three months of a new Employee commencing employment. The course and provider of the training will be agreed with the Consultative Committee. 51 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: a) From the first full pay period after 1st April 2021 - The rate of pay will be as per Appendix 1,2,3 - Table 1 b) From the first full pay period after 1st April 2022 - The rate of pay will be as per Appendix 1,2,3 - Table 2 c) From the first full pay period after 1st April 2023 - The rate of pay will be as per Appendix 1,2,3 - Table 3 70 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 1 - RATES OF PAY
APPENDIX 1 TABLE 1: April 1st 2021
Classification (36 hour div)
Plumbers
ph $41.89
pw $1,508.04
HVAC ph $32.87
Labourers PW $1183.32
1st Class Sheet Metal
ph $41.56
pw $1496.16
2nd Class Sheet Metal
ph $35.75
pw $1287
Lagger
ph $31.77
pw $1143.72
Travel pd
$35
Redundancy pw $120
Superannuation pw 9.5%
LSL pw As per LSLC
Top-Up W.C pw $15
Site Allowance ph $4.20
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APPENDIX 1 - RATES OF PAY APPENDIX 1 TABLE 1: April 1st 2021 Classification (36 hour div) Plumbers ph $41.89 pw $1,508.04 HVAC ph $32.87 Labourers pw $1183.32 1st Class Sheet Metal ph $41.56 pw $1496.16 2nd Class Sheet Metal ph $35.75 pw $1287 Lagger ph $31.77 pw $1143.72 Travel pd $35 Redundancy pw $120 Superannuation pw 9.5% LSL pw As per LSLC Top-Up W.C pw $15 Site Allowance ph $4.20 71 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 1 - RATES OF PAY
APPENDIX 1 TABLE 2: April 1st 2022
Classification (36 hour div)
Plumbers
ph $43.44
pw $1,563.84
HVAC ph $34.09
Labourers PW $1227.24
1st Class Sheet Metal
ph $43.10
pw $1551.60
2nd Class Sheet Metal
ph $37.07
pw $1334.52
Lagger
ph $32.95
pw $1186.20
Travel pd
$35
Redundancy pw $125
Superannuation pw 9.5%
LSL pw As per LSLC
Top-Up W.C pw $15
Site Allowance ph $4.20
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APPENDIX 1 - RATES OF PAY APPENDIX 1 TABLE 2: April 1st 2022 Classification (36 hour div) Plumbers ph $43.44 pw $1,563.84 HVAC ph $34.09 Labourers pw $1227.24 1st Class Sheet Metal ph $43.10 pw $1551.60 2nd Class Sheet Metal ph $37.07 pw $1334.52 Lagger ph $32.95 pw $1186.20 Travel pd $35 Redundancy pw $125 Superannuation pw 9.5% LSL pw As per LSLC Top-Up W.C pw $15 Site Allowance ph $4.20 72 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 1 - RATES OF PAY
APPENDIX 1 TABLE 3: April 1st 2023
Wollongong &
Central Coast
(36 hour div)
Plumbers
ph $44.99
pw $1619.64
HVAC ph $36.30
Labourers PW $1379.34
1st Class Sheet Metal
ph $44.64
pw $1607.04
2nd Class Sheet Metal
ph $38.39
pw $1382.04
Lagger
ph $34.13
pw $1228.68
Travel pd $35
Redundancy pw $130
Superannuation pw 9.5%
LSL pw As per LSLC
Top-Up W.C pw $15
Site Allowance ph $4.20
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APPENDIX 1 - RATES OF PAY APPENDIX 1 TABLE 3: April 1st 2023 Wollongong & Central Coast (36 hour div) Plumbers ph $44.99 pw $1619.64 HVAC ph $36.30 Labourers pw $1379.34 1st Class Sheet Metal ph $44.64 pw $1607.04 2nd Class Sheet Metal ph $38.39 pw $1382.04 Lagger ph $34.13 pw $1228.68 Travel pd $35 Redundancy pw $130 Superannuation pw 9.5% LSL pw As per LSLC Top-Up W.C pw $15 Site Allowance ph $4.20 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - 73 Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 2 - RATES OF PAY INDENTURED APPRENTICE
APPENDIX 2 - TABLE 1 - INDENTURED APPRENTICE
Appendix 2 Table 2
Indentured Apprentice rates of pay at the first full pay period after
1st April 2021
Pay rates include industry and tool allowance
APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $15.88 $20.89 $29.65
p/w $571.68 $752.04 $1067.40
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $29.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
APPENDIX 2 - TABLE 2 - INDENTURED APPRENTICE
Appendix 2 Table 3
Indentured Apprentice rates of pay at the first full pay period after
1st April 2022
Pav rates include industry and tool allowance
INDENTURED INDENTURED INDENTURED
APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $16.47 $21.66 $30.75
p/w $592.92 $779.76 $1107.00
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $34.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
APPRENTICE
4TH YEAR
3 to 4 years'
experience
(36 hour div)
$33.97
$1222.92
$26.00
$29.29
9.5%
As per LSLC
$3.79
$15
INDENTURED
APPRENTICE
4TH YEAR
3 to 4 years'
experience
(36 hour div)
$35.23
$1268.28
$26.00
$34.29
9.5%
As per LSLC
$3.79
$15
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APPENDIX 2 - RATES OF PAY INDENTURED APPRENTICE APPENDIX 2 - TABLE 1 - INDENTURED APPRENTICE Appendix 2 Table 2 Indentured Apprentice rates of pay at the first full pay period after 1st April 2021 Pay rates include industry and tool allowance APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years experience experience experience (36 hour div) experience (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $15.88 $20.89 $29.65 $33.97 p/w $571.68 $752.04 $1067.40 $1222.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $29.29 $29.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 2 - TABLE 2 - INDENTURED APPRENTICE Appendix 2 Table 3 Indentured Apprentice rates of pay at the first full pay period after 1st April 2022 Pay rates include industry and tool allowance INDENTURED INDENTURED INDENTURED APPRENTICE APPRENTICE INDENTURED APPRENTICE 1ST YEAR APPRENTICE 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $16.47 $21.66 $30.75 $35.23 p/w $592.92 $779.76 $1107.00 $1268.28 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 74 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 2 - TABLE 3 - INDENTURED APPRENTICE
Appendix 3 Table 4
Indentured Apprentice rates of pay at the first full pay period after
1st April 2023
Pay rates include industry and tool allowance
INDENTURED INDENTURED INDENTURED
APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.06 $22.43 $31.85
p/w $614.16 $807.48 $1146.60
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $39.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
APPENDIX 3 - RATES OF PAY TRAINEE APPRENTICE
APPENDIX 3 TABLE 1 - TRAINEE APPRENTICES
Appendix 3 Table 2
Trainee Apprentice rates of pay at the first full pay period after
1st April 2021
Pay rates include industry and tool allowance
TRAINEE TRAINEE TRAINEE
APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.17 $22.57 $31.49
p/w $618.12 $812.52 $1133.64
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $29.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
INDENTURED
APPRENTICE
4TH YEAR
3 to 4 years'
experience
(36 hour div)
$36.49
$1313.64
$26.00
$39.29
9.5%
As per LSLC
$3.79
$15
TRAINEE
APPRENTICE
4THYEAR
3 to 4 years'
experience
(36 hour div)
$34.66
$1247.76
$26.00
$29.29
9.5%
As per LSLC
$3.79
$15
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APPENDIX 2 - TABLE 3 - INDENTURED APPRENTICE Appendix 3 Table 4 Indentured Apprentice rates of pay at the first full pay period after 1st April 2023 Pay rates include industry and tool allowance INDENTURED INDENTURED INDENTURED INDENTURED APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $17.06 $22.43 $31.85 $36.49 p/w $614.16 $807.48 $1146.60 $1313.64 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 3 - RATES OF PAY TRAINEE APPRENTICE APPENDIX 3 TABLE 1 - TRAINEE APPRENTICES Appendix 3 Table 2 Trainee Apprentice rates of pay at the first full pay period after 1st April 2021 Pay rates include industry and tool allowance TRAINEE TRAINEE TRAINEE TRAINEE APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $17.17 $22.57 $31.49 $34.66 p/w $618.12 $812.52 $1133.64 $1247.76 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $29.29 $29.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 75 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 3 TABLE 2 - TRAINEE APPRENTICES
Appendix 3 Table 3
Trainee Apprentice rates of pay at the first full pay period after
1st April 2022
Pav rates include industry and tool allowance
TRAINEE TRAINEE TRAINEE TRAINEE
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2ND YEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.81 $23.41 $32.66 $35.94
p/w $6 $842.76 $1175.76 $1293.84
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $34.29 $34.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 3 TABLE 3-TRAINEE APPRENTICES
Appendix 3 Table 4
Trainee Apprentice rates of pay at the first full pay period after
1st April 2023
Pav rates include industry and tool allowance
TRAINEE TRAINEE TRAINEE TRAINEE
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2ND YEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $18.45 $24.75 $34.77 $37.22
p/w $664.20 $873.00 $1217.88 $1339.92
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $39.29 $39.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
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B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 3 TABLE 2 - TRAINEE APPRENTICES Appendix 3 Table 3 Trainee Apprentice rates of pay at the first full pay period after 1st April 2022 Pay rates include industry and tool allowance TRAINEE TRAINEE TRAINEE TRAINEE APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $17.81 $23.41 $32.66 $35.94 p/w $6 $842.76 $1175.76 $1293.84 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 3 TABLE 3 - TRAINEE APPRENTICES Appendix 3 Table 4 Trainee Apprentice rates of pay at the first full pay period after 1st April 2023 Pay rates include industry and tool allowance TRAINEE TRAINEE TRAINEE TRAINEE APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $18.45 $24.75 $34.77 $37.22 p/w $664.20 $873.00 $1217.88 $1339.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 76 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 4-RATES OF PAY ADULT APPRENTICE
APPENDIX 4 TABLE 1 - ADULT APPRENTICES
Appendix 4 Table 2
Indentured Apprentice rates of pay at the first full pay period after
1st April 2021
Pav rates include industry and tool allowance
ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2NDYEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $22.57 $31.49
p/w $782.28 $812.52 $1133.64
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $29.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up WC p/w $15 $15 $15
APPENDIX 4 TABLE 2 - ADULT APPRENTICES
Appendix 4 Table 3
Adult Apprentice rates of pay at the first full pay period after
1st April 2022
Pav rates include industry and tool allowance
ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2NDYEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $23.41 $32.66
p/w $782.28 $842.76 $1175.76
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $34.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up WC p/w $15 $15 $15
ADULT
APPRENTICE
4THYEAR
3 to 4 years'
experience
(36 hour div)
$34.66
$1247.76
$26.00
$29.29
9.5%
As per LSLC
$3.79
$15
ADULT
APPRENTICE
4TH YEAR
3 to 4 years'
experience
(36 hour div)
$35.94
$1293.84
$26.00
$34.29
9.5%
As per LSLC
$3.79
$15
77
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 4 - RATES OF PAY ADULT APPRENTICE APPENDIX 4 TABLE 1 - ADULT APPRENTICES Appendix 4 Table 2 Indentured Apprentice rates of pay at the first full pay period after 1st April 2021 Pay rates include industry and tool allowance ADULT ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $21.73 $22.57 $31.49 $34.66 p/w $782.28 $812.52 $1133.64 $1247.76 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $29.29 $29.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 4 TABLE 2 - ADULT APPRENTICES Appendix 4 Table 3 Adult Apprentice rates of pay at the first full pay period after 1st April 2022 Pay rates include industry and tool allowance ADULT ADULT ADULT APPRENTICE ADULT APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience (36 hour div) (36 hour div) experience (36 hour div) (36 hour div) Pay Rate p/h $21.73 $23.41 $32.66 $35.94 p/w $782.28 $842.76 $1175.76 $1293.84 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 77 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 4 TABLE 3 - ADULT APPRENTICES
Appendix 4 Table 2
Indentured Apprentice rates of pay at the first full pay period after
1st April 2023
Pav rates include industrv and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1ST YEAR 2NDYEAR 3RDYEAR 4TH YEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $24.75 $34.77 $37.22
p/w $782.28 $873.00 $1217.88 $1339.92
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $39.29 $39.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
78
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 4 TABLE 3 - ADULT APPRENTICES Appendix 4 Table 2 Indentured Apprentice rates of pay at the first full pay period after 1st April 2023 Pay rates include industry and tool allowance ADULT ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) 36 hour div) Pay Rate p/h $21.73 $24.75 $34.77 $37.22 p/w $782.28 $873.00 $1217.88 $1339.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 78 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 5 - List of Tools
1 x pair 225mm Footprints
1 x G clamp adjustable x 300mm
1 x 250mm rasp & handle - replace by employer on fair
1 x pair 450mm Stillsons ware and tare basis
1 x 250mm half round file & handle - replace by
1 x pair 250mm Vice Grips employer on fair ware and tare basis
1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225)
1 x pair small to medium Multiorips 1 x wire brush
1 x pair medium to larqe Multiqrips 1 x plugging chisel
1 x pair 300mm straioht snips 1 x centre punch
1 x lagers knife 1 x prick punch
1 x pair left hand wiss snips 1 x nail baq
1 x pair right hand wiss snips 1 x carry all, bucket with insert or equivalent
1 x pair POP rivet pliers 1 x cold chisel
1 x pair 200mm dividers 1 x Stanley knife
1 x pair 15mm copper tube benders 1 x flint qun
1 x set alien keys 1mm-10mm 1 x 8 metre measurinq tape
1 x set ratchet socket wrench 6-32mm or 1 x batterv drill with batterv charaer, 18 volt minimum
1 x set open end/ring spanners M6-M24 1 x small shifting spanner 150mm
1 x screw driver 200mm Phillips 1 x larae shifting spanner 300mm
1 x screw driver 150mm Phillips
1 x screw driver 300mm slotted
1 x screw driver 200mm slotted
1 x cross Pein hammer
1 x ball pein hammer
1 x Cobination square
1 x rafter square
1 x spirit level 250mm stabilla or eaivalent
1 x spirit level 600mm stabilla or eqivalent
1 x brickies string line
1 x chaulk-o-matic
1 x plumbob 450ar
1 x tube cutter 3mm - 32mm
1 x tube cutter 32mm - 65 mm
1 x bending pin small
1 x bendinq Pin larae
1 x small trowel
79
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
APPENDIX 5 - List of Tools 1 x pair 225mm Footprints 1 x G clamp adjustable x 300mm 1 x 250mm rasp & handle - replace by employer on fair 1 x pair 450mm Stillsons ware and tare basis 1 x 250mm half round file & handle - replace by 1 x pair 250mm Vice Grips employer on fair ware and tare basis 1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225) 1 x pair small to medium Multigrips 1 x wire brush 1 x pair medium to large Multigrips 1 x plugging chisel 1 x pair 300mm straight snips 1 x centre punch 1 x lagers knife 1 x prick punch 1 x pair left hand wiss snips 1 x nail bag 1 x pair right hand wiss snips 1 x carry all, bucket with insert or equivalent 1 x pair pop rivet pliers 1 x cold chisel 1 x pair 200mm dividers 1 x Stanley knife 1 x pair 15mm copper tube benders 1 x flint gun 1 x set allen keys 1mm-10mm 1 x 8 metre measuring tape 1 x set ratchet socket wrench 6-32mm or 1 x battery drill with battery charger, 18 volt minimum 1 x set open end/ring spanners M6-M24 1 x small shifting spanner 150mm 1 x screw driver 200mm Phillips 1 x large shifting spanner 300mm 1 x screw driver 150mm Phillips 1 x screw driver 300mm slotted 1 x screw driver 200mm slotted 1 x cross pein hammer 1 x ball pein hammer 1 x Cobination square 1 x rafter square 1 x spirit level 250mm stabilla or eqivalent 1 x spirit level 600mm stabilla or eqivalent 1 x brickies string line 1 x chaulk-o-matic 1 x plumbob 450gr 1 x tube cutter 3mm - 32mm 1 x tube cutter 32mm - 65 mm 1 x bending pin small 1 x bending pin large 1 x small trowel 79 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Appendix 6 - Table 1 - RDO Calendar - 2021
~ 1 7 10 11 12 13 z ~ 10 11 12 13
10 14 15 16 17 18 19 20 14 15 16 17 18 19 20
17 21 23 24 25 26 27 21 23 24 25 26 27
24 25 27 28 28 28 29 30 31
.! .! 2 ~ 4 2
1 2 § z ~ 10 ~ J 1 2 § z ~ § z ~ ~ 10 11 12
11 12 13 14 15 16 17 ~ 10 11 12 13 14 15 13 14 15 16 17 18 19
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26
25 26 27 28 29 30 25 26 27 28 29 27 28 29 30 -
.! ~ J 1 ~ ~ 1 2 § z .! 2 J 1
1 2 § z ~ ~ 10 ~ 10 11 12 13 14 2 § z ~ ~ 10 11
11 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18
18 19 20 21 22 23 24 22 24 25 26 27 28 19 20 21 22 23 24 25
25 26 27 28 29 30 31 29 30 31 26 28 29 30
J 4 5 6 z ~ 7 8 ~ 10 11 12 13 2 § z 9 10 11
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18
17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25
24 25 26 27 28 29 30 28 29 30 26 27 28
31 -
• Annual leave (optional)
• Flexible RDO Scheduled RDO =
•• Designated Long Weekend (Public Holiday and RDO)
80
8 & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Appendix 6 - Table 1 - RDO Calendar - 2021 2021 SMTWTFS SMTWTFS SMTWTE 5 1 2 1 2 3 4 56 1 2 3 4 5 6 - 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 - 31 - SMTWTES SMT WTF S 5 MTWTFS 1 2 3 1 - 1 2 3 4 5 - 4 5 6 7 8 10 2 3 4 5 6 Z 8 6 7 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 - 23 24 26 27 28 29 27 28 29 30 30 31 SMTWIES 5 MT WTF S S MTWTES 1 2 3 1 2 3 1 5 6 7 1 2 3 - 4 - 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 11 11 12 13 14 15 16 17 15 16 17 18 19 20 2 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 9 20 21 22 23 24 2 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 MTWIFS 5 MTWT F S SMTWTF S 1 2 1 2 3 4 5 6 1 2 3 4 - 3 4 5 6 7 8 9 7 8 9 10 11 1 13 5 6 7 8 9 10 11 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) 80 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Appendix 6 - Table 2 - RDO Calendar - 2022
i
2
16
23
1
10
17
24
1
10
17
24
i
2
16
23
30
1 .1 _§ 7 ~ 2 10 11 12 .!i z 2 10
10 11 12 13 14 15 13 14 15 16 17 18 19 ,13 14 15 16 17
17 18 19 20 21 22 20 22 23 24 25 26 :20 22 23 24
25 26 27 28 29 27 28 p 28 29 30 31
! i 1 .1 2 _§ 7
.1 2 _§ z ~ 2 10 11 12 13 14 _§ z 2
11 12 13 15 16 17 18 19 20 21 ;12 13 14 15 16
18 19 20 22 24 25 26 27 28 ;19 20 21 22 23
25 26 27 29 30 31 ;26 27 28 29 30
! 2 ! 2 1 .1 2 _§ !
.1 2 _§ z ~ 2 z 2 10 11 12 13 ~~ 2 _§ z ~
12 13 14 15 16 14 15 16 17 18 19 20 ;11 12 13 14 15
18 19 20 21 22 23 21 23 24 25 26 27 ;18 20 21 22
25 26 27 28 29 30 28 29 30 31 ;25 26 27 28 29
! 2 1 4 2
1 .1 5 _§ z ~ _§ z ~ 2 10 11 12 2 _§ z
10 11 12 13 14 15 13 14 15 16 17 18 19 12 13 14 15
17 18 19 20 21 22 20 22 23 24 25 26 19 20 21
24 25 26 27 28 29 27 28 29 30 26 27 28
31 -
• Annual leave (optional)
• Flexible RDO Scheduled RDO =
•• Designated Long Weekend (Public Holiday and RDO)
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
11 12
18 19
25 26
10
17 18
24 25
i 1
2 10
16 17
23 24
30 -
2
16
81
Appendix 6 - Table 2 - RDO Calendar - 2022 2022 SMTWTF S SMTWTFS 5 MIWTF S 1 1 2 3 4 5 3 4 5 2191 1181 - - 2 3 4 5 6 7 8 6 9 10 11 12 6 7 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 3 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 2 20 21 22 23 2 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 - - SMTWT ES SMTWTF S LE 5 MTWTF S 1 2 1 2 3 4 5 6 7 1 2 3 4 - 3 4 5 67 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 - - - - SMT W T F 5 SMTW TFS MTWT F 5 1 2 1 2 3 4 5 6 1 2 3 - - 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 Z 8 9 10 10 11 12 13 14 15 16 14 15 16 17 18 19 20 1 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 - 31 - - SMTWTE 5 SMTWTF S SMTWTF 10 1 1 2 3 4 5 1 2 3 - - 2 3 5 6 8 6 Z 8 9 10 11 12 4 5 6 8 N 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) 81 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
15
22
29
i
2
16
i
~
16
23
15
22
29
Appendix 6 - Table 3 - RDO Calendar - 2023
~ 10 11 12 13 14 2 § z ~ 10 11 2 § z ~
16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15
23 24 25 26 27 28 19 21 22 23 24 25 19 21 22
30 31 26 27 28 26 27 28 29
! i ~ 1 2 §
~ 1 2 § z z ~ ~ 10 11 12 13 1 2 § 7
10 11 12 13 14 15 16 17 18 19 20 11 12 13 14
17 18 19 20 21 23 24 25 26 27 18 19 20 21
25 26 27 28 29 30 31 25 27 28
! ! i ~ 4 2
~ 1 2 § z ~ 6 7 8 9 10 11 12 ~ 1 2 §
10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13
17 18 19 20 21 22 20 22 23 24 25 26 17 19 20
25 26 27 28 29 27 28 29 30 31 24 25 26 27
! i ~ 4
10 11 12 13 14 2 7 ~ ~ 10 11 ~ 1 2 §
16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13
23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19
30 31 26 27 28 29 30 24 25 26
31 -
• Annual leave (optional)
• Flexible RDO Scheduled RDO =
•• Designated Long Weekend (Public Holiday and RDO)
8 & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
~ 10 11
16 17 18
23 24 25
30 31 -
! i ~
~ ~ 10
15 16 17
22 23 24
29 30 -
! i
7 8 9
14 15
21 22
28
7 ~
14 15 16
22 23
29 30
82
Appendix 6 - Table 3 - RDO Calendar - 2023 2023 SMTWTES SMTWTF S SMIWTFS 1 2 3 4 5 6 Z 1 2 3 4 1 2 3 - 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 1 17 18 22 23 24 2 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 - 26 27 28 - 26 27 28 29 30 3 - - MIWTFS T W TFS SMTWTF5 1 1 2 3 4 5 6 1 2 3 - 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 CO| 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 2 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 - SMTWTF S MTWTF S SMTWT F S 1 1 2 3 4 5 1 2 - - 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 - - - - - - SMT W FS SMTWTF S SMIWTES 1 2 3 4 5 6 Z 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 1 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 - 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) 82 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Appendix 6 - Table 4 - RDO Calendar - 2024
7 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
April '24
S M T W T F S
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 30 31
October '24
S M T W T F S
6 7 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
4 5 6 7 9 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29
May '24
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 21 22 23 24 25
26 27 28 29 30 31
August '24
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 31
November '24
S M T W T F S
1 2
3 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
•
•
Annual leave (optional)
Flexible RDO Scheduled RDO
•• Designated Long Weekend (Public Holiday and RDO)
March '24
S M T W T F S
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 19 20 21 22 23
25 26 27 28 29 30
June'24
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 25 26 27 28 29
September '24
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 24 25 26 27 28
29 30
December '24
S M T W T F S
8 9 10 11 12 13 14
15 16 17 18 19 20 21
l 21 28
=
83
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
Appendix 6 - Table 4 - RDO Calendar - 2024 2024 January '24 February '24 March '24 S M TWTFS SMTWTFS SMTWTF S 1 23 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 0 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April '24 May '24 June '24 M T WTFS S M TW T F S SM T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 1 5 6 7 8 9 10 11 2 34 5 6 7 8 14 15 16 17 18 19 20 12 13 1 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 July '24 August '24 September '24 SM TWTFS LL SM TWT F S S MT TF S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 2 30 31 29 30 October '24 November '24 December '24 SMTW TFS LL SMTW T F S S M T VTFS 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) 83 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
SIGNATORY PAGE
For and on behalf of B & L Mechanical Air Services Pty Ltd
Name:
Position:
ABN:
Brad Bogle
Director
78637464905
Company address: PO Box 4064 Lake Haven NSW 2263
28/06/:2021
Signature Date
For and on behalf of
CEPU Plumbing Division (NSW Branch)
~~ . .2 8-/ c/202..1
I
Signature
Name: Theo Samartzopoulos
Position: NSW State Secretary
Branch address: Shop 1, 111 McEvoy Street
Alexandria NSW 2015
Telephone: (02) 9310-3411
Email: officeadmin@nswplumbersunion.com.au
Date
B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division -
Tweed Heads Hospital Mechanical Greenfields Agreement 2021
84
SIGNATORY PAGE For and on behalf of B & L Mechanical Air Services Pty Ltd Name: Brad Bogle Position: Director ABN: 78637464905 Company address: PO Box 4064 Lake Haven NSW 2263 28/06/2021 Signature Date For and on behalf of CEPU Plumbing Division (NSW Branch) 28/6/2021 Signature Date Name: Theo Samartzopoulos Position: NSW State Secretary Branch address: Shop 1, 111 McEvoy Street Alexandria NSW 2015 Telephone: (02) 9310-3411 Email: officeadmin@nswplumbersunion.com.au 84 B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed Heads Hospital Mechanical Greenfields Agreement 2021
B & L MECHANICAL AIR SERVICES
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2021/6014
Section 185 – Application for approval of a single enterprise agreement
Undertaking
I, Brad Bogle, Director for B & L Mechanical Air Services Pty Ltd give the following undertakings
with respect to the B & L Mechanical Air Services Pty Ltd & CEPU Plumbing Division - Tweed
Heads Hospital Mechanical Greenfields Agreement 2021
("the Agreement"):
1. I have the authority given to me by B & L Mechanical Air Services Pty Ltd to provide this
undertaking in relation to the application before the Fair Work Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where
there is an inconsistency between the NES and a clause of this agreement, the NES will apply and
the clause of the agreement will not apply, except to the extent that the clause of the agreement
provides for a more beneficial outcome for employees than the NES.
3. These undertakings are provided on the basis of issues raised by the Fair Work Commission
in the application before the Fair Work Commission.
____________________________
Signature
____________________________
Date
ABN:78 637 464 905
PO BOX 4064
LAKE HAVEN
NSW 2263
PH:0407142504
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B&L
,., n.a._ A A I Hl't U
B & L MECHANICAL AIN SERVICES
