1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2021/6401)
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT 2021 - 2024
Plumbing industry
DEPUTY PRESIDENT CROSS SYDNEY, 11 AUGUST 2021
Application for approval of the Axis Maintenance Services Enterprise Agreement 2021-2024.
[1] An application has been made for approval of an enterprise agreement known as the
Axis Maintenance Services Enterprise Agreement 2021-2024 (the Agreement). The
application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been
made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair
Work Regulations 2009 is taken to be a term of the Agreement.
[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia being a bargaining representative for the Agreement,
has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance
with s.201(2) I note that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
seven days after the date of this approval. The nominal expiry date of the Agreement is 31
January 2024.
[2021] FWCA 4962
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2021] FWCA 4962
2
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE512706 PR732752
OFTHE 14 WORK COMMISSI OF THE
Axis Maintenance Services Pty Ltd
Agreement
2021-2024
Axis Maintenance Services Pty Ltd Agreement 2021-2024
MarshallS
consultation
MarshallS
model flex
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
INDEX
1. TITLE ................................................................................................................................................... 3
2. PARTIES ............................................................................................................................................. 3
3. PERSONS BOUND BY AGREEMENT/WORK TO WHICH AGREEMENT APPLIES ........................ 3
4. CERTIFICATION AND DATE OF OPERATION OF AGREEMENT/NOMINAL EXPIRY DATE OF
AGREEMENT ...................................................................................................................................... 3
6. TYPES OF EMPLOYMENT ................................................................................................................. 3
6. ORDINARY HOURS ............................................................................................................................ 4
7. OVERTIME .......................................................................................................................................... 4
8. ROSTERED DAYS OFF ...................................................................................................................... 6
9. WORK BREAKS .................................................................................................................................. 6
10. WAGES ALLOWANCES ..................................................................................................................... 6
11. METI-IOD OF PAYMENT OF WAGES ................................................................................................ 6
12. APPRENTICES ................................................................................................................................... 6
13. LEADING HANDS ............................................................................................................................... 7
14. TRAVEL ALLOWANCE ....................................................................................................................... 7
15. SUPERANNUATION ........................................................................................................................... 8
16. SERVICES TRADES QUEENSLAND (STQ) (QUEENSLAND EMPLOYEES ONLY) ....................... 8
17. INCOME PROTECTION ...................................................................................................................... 9
18. INDUCTION PRCEDURES .................................................................................................................. 9
19. PROBATIONARY PERIOD .................................................................................................................. 9
20. OCCUPATION HEAL TH SAFETY & ENVIROMENTAL ...................................................................... 9
21. WORKPLACE HARRASSMENT .......................................................................................................... 9
22. ALLOWANCES .................................................................................................................................... 10
23. INCLEMENTWEATHER ..................................................................................................................... 10
24. CLOTHING AND PROTECTIVE EQUIPMENT ................................................................................... 11
25. EMPLOYER SUPPLIES TOOLS, EQUf PM ENT AND VEHICLES ...................................................... 11
28. EMPLOYEE TOOLS ............................................................................................................................ 12
27. FLEXIBILITYTERM ............................................................................................................................. 12
28. INDUSTRY SPECIFIC REDUNDANCY SCHEME ............................................................................... 13
29. TERMINATION OF EMPLOYMENT ..................................................................................................... 18
30. CONSULATION OF WORKPLACE CHANGE ..................................................................................... 18
31. DISPUTE RESOLUTION PROCEDURE .............................................................................................. 19
32. SICKPAY .............................................................................................................................................. 22
33. JURY DUTY ......................................................................................................................................... 23
34. PUBLIC HOLIDAYS ............................................................................................................................. 24
35. ANNUAL LEAVE .................................................................................................................................. 24
36. LONG SERVICE LEAVE ...................................................................................................................... 25
37. COMMUNITY SERVICE ...................................................................................................................... 25
38. PERSONAUCARERS LEAVE AND COMPASSIONATE LEAVE ....................................................... 25
39. PARENT LEAVE .................................................................................................................................. 26
40. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE ......................................................... 26
41. LIVING AWAY FROM HOME .............................................................................................................. 28
42. STRUCTURED VOCATION TRAINING .............................................................................................. 32
43. EMPLOYEE REPRESENTATIVE RIGHTS ......................................................................................... 32
44. TRAINING ............................................................................................................................................ 33
45. APPENDIX A ........................................................................................................................................ 34
46. APPENDIX 8 ........................................................................................................................................ 37
47. SIGNATORY PAGE ............................................................................................................................. 38
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 INDEX 1. TITLE ....... 2. PARTIES ......................... 3 ....................................... 3. PERSONS BOUND BY AGREEMENT/WORK TO WHICH AGREEMENT APPLIES ...................... 3 4. CERTIFICATION AND DATE OF OPERATION OF AGREEMENT/NOMINAL EXPIRY DATE OF AGREEMENT ........................ 3 5. TYPES OF EMPLOYMENT. 3 6. ORDINARY HOURS .. 4 7. OVERTIME 4 8. . ROSTERED DAYS OFF. ... 6 9. WORK BREAKS. 5 10. WAGES ALLOWANCES ........... 6 11. METHOD OF PAYMENT OF WAGES 12. APPRENTICES ........ 13. LEADING HANDS ....... 7 14. TRAVEL ALLOWANCE 7 15. SUPERANNUATION ................................................................................................................ 8 16. SERVICES TRADES QUEENSLAND (STQ) (QUEENSLAND EMPLOYEES ONLY) 17. INCOME PROTECTION ....... 9 18. INDUCTION PRCEDURES ... 9 19. PROBATIONARY PERIOD ...... ........... 9 20. OCCUPATION HEALTH SAFETY & ENVIROMENTAL 9 21. WORKPLACE HARRASSMENT. 9 22. ALLOWANCES .................... 23. INCLEMENT WEATHER .................................. 10 24. CLOTHING AND PROTECTIVE EQUIPMENT ................... 10 11 25. EMPLOYER SUPPLIES TOOLS, EQUIPMENT AND VEHICLES .. 11 26. EMPLOYEE TOOLS. 12 27. FLEXIBILITY TERM ............ 12 28. INDUSTRY SPECIFIC REDUNDANCY SCHEME. ........... 13 29. TERMINATION OF EMPLOYMENT ................ 18 30. CONSULATION OF WORKPLACE CHANGE 18 31. DISPUTE RESOLUTION PROCEDURE. 19 32. SICKPAY .... 22 33. JURY DUTY ............ 23 34. PUBLIC HOLIDAYS 24 35. ANNUAL LEAVE .. 24 36. LONG SERVICE LEAVE 25 37. COMMUNITY SERVICE .... .................................................. 25 38. PERSONAL/CARERS LEAVE AND COMPASSIONATE LEAVE. 25 39. PARENT LEAVE ...................... " 26 40. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE .. 26 41. LIVING AWAY FROM HOME ............. 28 42. STRUCTURED VOCATION TRAINING ........ ..... . 32 43. EMPLOYEE REPRESENTATIVE RIGHTS ... 32 44. TRAINING .... 33 45. APPENDIX A 34 46. APPENDIX B ........ 37 47. SIGNATORY PAGE 38 Page | 2
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
1. TITLE
This Agreement shall be known as the Axis Maintenance Services Agreement 2021-2024
and wholly replaces the Plumbers Fire and Sprinklers Award.
2. PARTIES
The parties to this Agreement are:
2.1 Axis Maintenance Services Pty Ltd (the Employer)
2.2 The Employees of Axis Maintenance Services pty Ltd (the Employees)
3. PERSONS BOUND BY AGREEMENT/WORK TO WHICH AGREEMENT APPLIES
3.1 The persons bound by this Agreement are:
3.1.1 The parties specified In Clause 2 of this Agreement (the Parties)
3.2 This Agreement shall apply to all Plumbing / Drainage / Gas fitting works undertaken
by the Employer on Commercial and Industrial Building Construction Projects and
Completed Projects and on which the Employees are engaged.
4. CERTIFICATION AND DATE OF OPERATION OF AGREEMENT/NOMINAL EXPIRY
DATE OF AGREEMENT
4.1 This agreement shall be certified by Fair Work Commission.
4.2 This Agreement shall come Into operation on the date that is certified by FWC
4.3 The nominal expiry date of this Agreement shall be 31 81 January 2024
4.4 The "Employer'' reserves the right to amend this agreement to reflect any changes
made to the Building and Construction Industry Code If and when they become law.
Any proposed amendments will be dealt with in accordance with the ACT.
5. TYPES OF EMPLOYMENT
5.1 Expect as provided in clause 5.2., employment will be dally hire. Any Employee not
specifically engaged:
5.1.1 As a casual Employee will be deemed to be employed by dally hire.
5.1.2 The following provisions will apply to dally hire Employees:
5.1.2.1 One days notice of termination of employment will be given by
either party or one days pay must be paid or forfeited;
5.1.2.2 Notice given at or before the usual starting time of any ordinary
working day wlll expire at the completion of that days work;
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 1. TITLE This Agreement shall be known as the Axis Maintenance Services Agreement 2021-2024 and wholly replaces the Plumbers Fire and Sprinklers Award. 2. PARTIES The parties to this Agreement are: 2.1 Axis Maintenance Services Pty Ltd (the Employer) 2.2 The Employees of Axis Maintenance Services Pty Ltd (the Employees) 3. PERSONS BOUND BY AGREEMENT/WORK TO WHICH AGREEMENT APPLIES 3.1 The persons bound by this Agreement are: 3.1.1 The parties specified in Clause 2 of this Agreement (the Parties) 3.2 This Agreement shall apply to all Plumbing / Drainage / Gas fitting works undertaken by the Employer on Commercial and Industrial Building Construction Projects and Completed Projects and on which the Employees are engaged. 4. CERTIFICATION AND DATE OF OPERATION OF AGREEMENT/NOMINAL EXPIRY DATE OF AGREEMENT 4.1 This agreement shall be certified by Fair Work Commission. 4.2 This Agreement shall come into operation on the date that is certified by FWC 4.3 The nominal expiry date of this Agreement shall be 31st January 2024 4.4 The "Employer" reserves the right to amend this agreement to reflect any changes made to the Bullding and Construction Industry Code if and when they become law. Any proposed amendments will be dealt with in accordance with the ACT. 5. TYPES OF EMPLOYMENT 5.1 Expect as provided in clause 5.2, employment will be daily hire. Any Employee not specifically engaged: 5.1.1 As a casual Employee will be deemed to be employed by daily hire. 5.1.2 The following provisions will apply to daily hire Employees: 5.1.2.1 One days notice of termination of employment will be given by either party or one days pay must be paid or forfelted; 5.1.2.2 Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that days work; Page | 3
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT- 2021-2024
5.1.2.3 A tradesman will be allowed on hour prior to termination to gather,
clean, sharpen, pack and transport tools; and
5.1.2.4 Nothing In this clause wlll affect the right of an Employer to
dismiss an Employee without notice for misconduct or refusal of duty.
5.2 Casual Employment
5.2.1 A casual Employee will be engaged for a minimum of 3 consecutive
hours on each occasion
5.2.2 A casual Employee for working ordinary time wlll 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 payments, top up payments, severance payments and
termination payments prescribed for other Employees in the Agreement.
6. ORDINARY HOURS
6.1 Ordinary Hours of Work shall be eight (8) consecutive hours worked between the
hours of 6:00am and 6:00pm Monday to Friday.
6.2 The usual starting time shall be 7:00am, and the usual finishing time shall be
3:30pm, but such times may be altered by agreement between the Employer and
Employees to suit operational requirements.
7. OVERTIME
7.1 Overtime may be required to be worked to meet operational requirements. Where
so, the Employer shall determine the number and category of Employees who will
be offered the opportunity to work overtime.
7 .2 Employees must work reasonable overtime on any particular workday if required by
the Employer unless
7.2.1 Working the requested overtime poses a health and safety risk to the risk
to the Employee
7.2.2 Working the requested overtime would prevent the Employee from
fulfilling their famlly responsibilities or
7.2.3 If the Employee is unable to work the requested overtime. The Employee
and Employer shall agree some other mutually acceptable alternative
arrangement.
7.3 Expect In extenuating circumstances, the Employer will notify Employees that they
are required to work weekend overtime by the close of business Wednesday.
7.4 All time worked beyond the ordinary hours of work as prescribed in Section 5 clause
5.1 Ordinary hours of work, inclusive of time worked for accrual purposes as
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 5.1.2.3 A tradesman will be allowed on hour prior to termination to gather, clean, sharpen, pack and transport tools; and 5.1.2.4 Nothing In this clause will affect the right of an Employer to dismiss an Employee without notice for misconduct or refusal of duty. 5.2 Casual Employment 5.2.1 A casual Employee will be engaged for a minimum of 3 consecutive hours on each occasion 5.2.2 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 payments, top up payments, severance payments and termination payments prescribed for other Employees in the Agreement. 6. ORDINARY HOURS 6.1 Ordinary Hours of Work shall be eight (8) consecutive hours worked between the hours of 6:00am and 6:00pm Monday to Friday. 6.2 The usual starting time shall be 7:00am, and the usual finishing time shall be 3:30pm, but such times may be altered by agreement between the Employer and Employees to suit operational requirements. 7. OVERTIME 7.1 Overtime may be required to be worked to meet operational requirements, Where so, the Employer shall determine the number and category of Employees who will be offered the opportunity to work overtime. 7.2 Employees must work reasonable overtime on any particular workday if required by the Employer unless 7.2.1 Working the requested overtime poses a health and safety risk to the risk to the Employee 7.2.2 Working the requested overtime would prevent the Employee from fulfilling their family responsibilities or 7.2.3 If the Employee is unable to work the requested overtime. The Employee and Employer shall agree some other mutually acceptable alternative arrangement. 7.3 Expect in extenuating circumstances, the Employer will notify Employees that they are required to work weekend overtime by the close of business Wednesday. 7.4 All time worked beyond the ordinary hours of work as prescribed in Section 5 clause 5.1 Ordinary hours of work, inclusive of time worked for accrual purposes as Page | 4
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
prescribed wlll be paid for at the rate of one and a half times ordinary rate for the first
two hours and double time thereafter.
7.5 Overtime worked on Saturday will be paid for at the rate oftlme and a halffor the
first two hours and double time thereafter. All time worked on Sundays will be at
double time.
7.6 Overtime rest break
7.6.1 When an Employee is required to work·overtime after the usual ceasing
time for the day for two hours or more, the Employee wlll 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.
7.6.2 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.
7.6.3 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 Work.
8. ROSTERED DAYS OFF
8.1 Ordinary Hours of Work are 40 hours per week as set out In clause 6.1. Employees
will be paid for 38 hours per week with 2 hours accruing towards a rostered day off
('RDO') at the rate of .05 per hour.
8.2 For the sake of clarity, Employees shall accrue 13 RD O's in each twelve months of
continuous services,
8.3 Each day of paid leave taken, and any public holiday will be a day worked for
accrual purposes.
8.4 Employees who are required to work on an agreed RDO will be entitled to an
alternative paid day off as agreed between the Employer and the Employee.
9. WORK BREAKS
9.1 There will be a cessation of work and of working time, for the purpose of a meal
break on each day, of not less and not more than (30) thirty minutes, to be taken
between noon and 1 :00pm or unless otherwise agreed to between the employer and
the Employee.
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 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. 7.5 Overtime worked on Saturday will be paid for at the rate of time and a half for the first two hours and double time thereafter. Ali time worked on Sundays will be at double time. 7.6 Overtime rest break 7.6.1 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. 7.6.2 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. 7.6.3 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 Work. 8. ROSTERED DAYS OFF 8.1 Ordinary Hours of Work are 40 hours per week as set out In clause 6.1. Employees will be paid for 38 hours per week with 2 hours accruing towards a rostered day off ('RDO') at the rate of .05 per hour. 8.2 For the sake of clarity, Employees shall accrue 13 RDO's in each twelve months of continuous services, 8.3 Each day of pald leave taken, and any public holiday will be a day worked for accrual purposes. 8.4 Employees who are required to work on an agreed RDO will be entitled to an alternative paid day off as agreed between the Employer and the Employee. 9. WORK BREAKS 9.1 There will be a cessation of work and of working time, for the purpose of a meal break on each day, of not less and not more than (30) thirty minutes, to be taken between noon and 1:00pm or unless otherwise agreed to between the employer and the Employee. Page | 5
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021~2024
9.2 There will be allowed, without deduction of pay, a rest period of (10} ten minutes
between 9:00am and 11 :00am.
9.3 Overtime Work breaks
9.3.1 When an Employee fs 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.
9.3.2 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 wlll be regarded as having worked
20 minutes more than the time worked and be paid accordingly.
9.3.3 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 Work.
10. WAGES AND ALLOWANCES
10.1 Appendix A to this Agreement set out the wage rates per hour payable to the
Employees for ordinary hours (Base Rate) and for hours additional to ordinary hours
(Overtime Rates).
10.2 Where the employer has a need to engage Casual Labour, the Employee so
engaged shall be paid the rates contained In Appendix A plus a loading of 25% to be
paid In lieu of annual leave and public holidays. All other conditions of employment
for casual labour shall be as provided In this agreement. This Clause shall
completely replace all Award provisions pertaining to casual labour.
11. METHOD OF PAYMENT OF WAGES
11.1 The Employer wlll pay wages weekly via electronic transfer not later than the
cessation of ordinary hours of work on Thursday of each week to a bank account
nominated by the Employee.
11.2 Employees "pay advice" will be mailed or emailed out on a weekly basis.
12. APPRENTICES
12.1 Apprentices Including hosted apprentices through a group scheme and alike, will be
entitled to all terms and conditions of this agreement for time spent attending
college/school in the course of their apprenticeship. All time spent attending
coif ege/school in the course of the apprenticeship will count as time served for all
purposes.
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 9.2 There will be allowed, without deduction of pay, a rest perlod of (10) ten minutes between 9:00am and 11:00am. 9.3 Overtime Work breaks 9.3.1 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. 9.3.2 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. 9.3.3 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 Work. 10. WAGES AND ALLOWANCES 10.1 Appendix A to this Agreement set out the wage rates per hour payable to the Employees for ordinary hours (Base Rate) and for hours additional to ordinary hours (Overtime Rates). 10.2 Where the employer has a need to engage Casual Labour, the Employee so engaged shall be paid the rates contained in Appendix A plus a loading of 25% to be paid In lieu of annual leave and public holidays. All other conditions of employment for casual labour shall be as provided In this agreement. This Clause shall completely replace all Award provisions pertaining to casual labour. 11. METHOD OF PAYMENT OF WAGES 11.1 The Employer will pay wages weekly via electronic transfer not later than the cessation of ordinary hours of work on Thursday of each week to a bank account nominated by the Employee. 11.2 Employees "pay advice" will be mailed or emailed out on a weekly basis. 12. APPRENTICES 12.1 Apprentices including hosted apprentices through a group scheme and alike, will be entitled to all terms and conditions of 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. Page | 6
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021~2024
12.2Apprentlces attending Technfcal College on RDO
12.2.1 An apprentice working In an establishment under a particular work cycle
In accordance with this part who attends technical college on an RDO, shall
be afforded another ordinary working day off as substitution for the rostered
day off.
12.2.2 Expect where It Is inconsistent with this clause, the provisions of the
Plumbing and Fire Sprinklers Aware 201 O will apply to apprentices.
12.2.3 Fees due by an apprentices 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 falls subjects any addltional
fees due In order to complete the course will be the responsibility of the
apprentice.
12.3 Adult Apprentices
12.3.1 Adult apprentices who commence their apprenticeship after their 21st
birthday will be paid a minimum rate equal to the rate of pay for a third year
apprentices, for the first three years of their apprenticeship as per Appendix
A1.3.
13. LEADING HANDS
13.1 Leading hand means an Employee who Is given by the employer, or their agent, the
responslblllty of directing and/or supervising the work of other persons, with the
minimum of four persons the specific responsibility of directing and/or supervising
the work of that person. The Employee shall be paid no less than $1.00 per hour in
addition to their rate of pay.
14. TRAVEL ALLOWANCE
14.1 Travel allowance Is to be paid in accordance with Appendix A up to 50 kilometres
from the employer's normal base establishment or workshop.
14.2 Where an Employee is required by the Employer to travel to any other job site during
the course of their daily engagement they will be paid all fares necessary incurred
except where transport is provided by the employer to and from such site, and all
time spend in such travel will be regarded as time worked.
14.3 Where the Employer requests an Employee to use their own transport to affect such
transfer and such Employee agrees to do so the Employee will be paid an allowance
at the rate of $0.75 per kilometre.
14.4 Where company vehicle is provided by Employer clause 14.1 and 14.2 does not
apply.
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 12.2 Apprentices attending Technical College on RDO 12.2.1 An apprentice working in an establishment under a particular work cycle in accordance with this part who attends technical college on an RDO, shall be afforded another ordinary working day off as substitution for the rostered day off. 12.2.2 Expect where It is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinklers Aware 2010 will apply to apprentices. 12.2.3 Fees due by an apprentices 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 falls subjects any additional fees due In order to complete the course will be the responsibility of the apprentice, 12.3 Adult Apprentices 12.3.1 Adult apprentices who commence their apprenticeship after their 218! birthday will be paid a minimum rate equal to the rate of pay for a third year apprentices, for the first three years of their apprenticeship as per Appendix A1.3 13. LEADING HANDS 13.1 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 persons, with the minimum of four persons the specific responsibility of directing and/or supervising the work of that person. The Employee shall be paid no less than $1.00 per hour in addition to their rate of pay. 14. TRAVEL ALLOWANCE 14.1 Travel allowance is to be paid in accordance with Appendix A up to 50 kilometres from the employer's normal base establishment or workshop. 14.2 Where an Employee is required by the Employer to travel to any other job site during the course of their daily engagement they will be paid all fares necessary Incurred except where transport is provided by the employer to and from such site, and all time spend in such travel will be regarded as time worked. 14.3 Where the Employer requests an Employee to use their own transport to affect such transfer and such Employee agrees to do so the Employee will be paid an allowance at the rate of $0.75 per kilometre. 14.4 Where company vehicle is provided by Employer clause 14.1 and 14.2 does not apply. Page | 7
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
15. SUPERANNUATION
15.1 The Employer will pay contributions of not less than 9.5% (or such rate prescribed
by The Superannuation legislation) of ordinary time earnings.
15.2 Each Employee may chose to have their superannuation contributions paid Into
BUSS(Q) or CBUS.
15.3Apprentlces have the option to co-contribute 3% of their OTE by way of salary
sacrifice.
15.4 The Employers will, on behalf of the Employee, forward the above amounts directly
to each Employee's superannuation account each calendar month.
15.5 Contributions will continue to be paid on behalf of the Employee during any absence
of paid leave such as annual leave, long services leave (Including where this is paid
for by QLeave), public holidays, sick leave (Including periods of Workers'
Compensation for the first 12 months). Contributions will not be paid when an
Employee Is on leave without pay.
15.6 Ali payments will be made based on full week payments. However, where an
Employee commences work partly through a pay week, the Employee shall not be
entitled for any contribution for that part week. Superannuation payments will
commence from the first day of the first full pay week of employment. A
superannuation pay week shall be the same pay week as applies to the payment of
wages/ remuneration. Payment on termination shall be based on a payment for a full
week for any commenced week.
15.7 Should It be established that the Employer has failed to make the payments In
accordance with this Agreement, the Employer shall be liable to make the
appropriate contributions immediately and shall also pay an additional amount equal
to the fund crediting rate(s) during the period of non-compliance, but no less than
10% per annum.
15.8 In addition to the requirements of this Agreement, an Employee may choose to
salary sacrifice some or all wages into superannuation. The amount may be
adjusted by the Employee on the first pay day on or after 1 September each year if
desired.
16. SERVICES TRADES QUEENSLAND (STQ) (QUEENSLAND EMPLOYEES ONLY)
16.1 The Employer agrees to support Services Trades Queensland (STQ) by contributing
an amount to the STQ Fund for Employees who reside and work In Queensland.
The amount will be agreed with STQ and will come into effect at the start of year 2 of
this agreement.
16.1.1 From 1 April 2022 "$30.20 per week per Employee Including apprentices
covered by this agreement
Page I 8
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 15. SUPERANNUATION 15.1 The Employer will pay contributions of not less than 9.5% (or such rate prescribed by The Superannuation Legislation) of ordinary time earnings. 15.2 Each Employee may chose to have their superannuation contributions pald into BUSS(Q) or CBUS. 15.3 Apprentices have the option to co-contribute 3% of their OTE by way of salary sacrifice. 15.4 The Employers will, on behalf of the Employee, forward the above amounts directly to each Employee's superannuation account each calendar month. 15.5 Contributions will continue to be paid on behalf of the Employee during any absence of paid leave such as annual leave, long services leave (Including where this is paid for by QLeave), public holidays, sick leave (Including periods of Workers' Compensation for the first 12 months). Contributions will not be paid when an Employee Is on leave without pay. 15.6 All payments will be made based on full week payments, However, where an Employee commences work partly through a pay week, the Employee shall not be entitled for any contribution for that part week. Superannuation payments will commence from the first day of the first full pay week of employment. A superannuation pay week shall be the same pay week as applies to the payment of wages/ remuneration. Payment on termination shall be based on a payment for a full week for any commenced week. 15.7 Should It be established that the Employer has failed to make the payments in accordance with this Agreement, the Employer shall be liable to make the appropriate contributions immediately and shall also pay an additional amount equal to the fund crediting rate(s) during the period of non-compliance, but no less than 10% per annum. 15.8 In addition to the requirements of this Agreement, an Employee may choose to salary sacrifice some or all wages into superannuation. The amount may be adjusted by the Employee on the first pay day on or after 1 September each year if desired. 16. SERVICES TRADES QUEENSLAND (STQ) (QUEENSLAND EMPLOYEES ONLY) 16.1 The Employer agrees to support Services Trades Queensland (STQ) by contributing an amount to the STQ Fund for Employees who reside and work In Queensland. The amount will be agreed with STQ and will come Into effect at the start of year 2 of this agreement. 16.1.1 From 1 April 2022 - $30.20 per week per Employee including apprentices covered by this agreement Page | 8
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
16.2 Where, due to a company structure, the Employer does not engage any Queensland
Employees, the Employer wlll nevertheless contribute to the STQ Fund clause for 2
nominal Employees.
17. INCOME PROTECTION
17.1 The Employer shall provide Income protection Insurance for Employees in respect of
injury or Illness not covered by Workers Compensation or beyond the Employee's
accrued sick leave entitlement. The Insurance provided shall be the best term of
cover the employer is able to negotiate in the Insurance market providing for the
following terms and conditions:
17.1. 1 Cover for not lass than 90% of the Employee's sick leave weekly pay rate
of 104 weeks.
17.1.2 Cover subject to 28 days waiting period to be wholly or partially covered
by Employee's sick leave entitlements subject to premium.
17.1.3 No cover for pre-existing conditions at the time that any insurance cover
Is taken out.
18. INDUCTION PROCEDURES
18 .1 For the purpose of giving effect to this Agreement, the Employer will Induct a new
Employee Into their jobs.
18 2 All new employees shall have attended the Safety Awareness Training (SAT) course
and hold a properly issued card as evidence of such and/or wlll have completed an
Industry Induction Course and hold a properly issues card as evidence of such.
19. PROBATIONARY PERIOD
19.1 A new Employee shall serve a probationary period of twelve (12) weels from the
date of commencement with the employer.
20. OCCUPATIONAL HEALTH SAFETY & ENVIRONMENTAL
20.1 The Parties commit themselves to the establishment and maintenance of a safe and
healthy working environment.
21. WORKPLACE HARRASSMENT
21. 1 The parties acknowledge that all people have the right to work In an environment
where they feel safe from any form of harassment. To this end, the parties will not
condone such behaviour, or work environment that gives rise to such behaviour, and
any allegation pertaining to workplace harassment will be taken seriously. Any
Page I 9
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 16.2 Where, due to a company structure, the Employer does not engage any Queensland Employees, the Employer will nevertheless contribute to the STQ Fund clause for 2 nominal Employees. 17. INCOME PROTECTION 17.1 The Employer shall provide income protection Insurance for Employees in respect of injury or illness not covered by Workers Compensation or beyond the Employee's accrued sick leave entitlement. The insurance provided shall be the best term of cover the employer is able to negotiate in the Insurance market providing for the following terms and conditions: 17.1.1 Cover for not less than 90% of the Employee's sick leave weekly pay rate of 104 weeks. 17.1.2 Cover subject to 28 days waiting period to be wholly or partially covered by Employee's sick leave entitlements subject to premium. 17.1.3 No cover for pre-existing conditions at the time that any insurance cover is taken out. 18. INDUCTION PROCEDURES 18.1 For the purpose of giving effect to this Agreement, the Employer will induct a new Employee into their jobs. 18.2 All new employees shall have attended the Safety Awareness Training (SAT) course and hold a properly issued card as evidence of such and/or will have completed an Industry Induction Course and hold a properly issues card as evidence of such. 19. PROBATIONARY PERIOD 19.1 A new Employee shall serve a probationary period of twelve (12) weeks from the date of commencement with the employer. 20. OCCUPATIONAL HEALTH SAFETY & ENVIRONMENTAL 20.1 The Parties commit themselves to the establishment and maintenance of a safe and healthy working environment. 21. WORKPLACE HARRASSMENT 21.1 The parties acknowledge that all people have the right to work in an environment where they feel safe from any form of harassment. To this end, the parties will not condone such behaviour, or work environment that gives rise to such behaviour, and any allegation pertaining to workplace harassment will be taken seriously. Any Page | 9
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
Employee engaging In workplace harassment may have their employment
terminated.
22. ALLOWANCES
22.1 Tool Allowance
22.1.1 Where an Employers requires an Employee to provide tools, other than
hand tools and tools specified In Appendix B, the Employer will reimburse the
Employee the cost of providing that tool.
22.2 Meal Allowance
22.2.1 An Employee required to work overtime for at least one and a half hours
after working ordinary hours must be paid by their employer an amount of
$12.75 to meet the cost of a meal, plus an additional $12.75 for each
subsequent four hours worked. The employer may provide a meal or meals
instead of paying any such allowance.
23. INCLEMENT WEATHER
23.1 the Employer or Its representative shall, in consultation with Employees and/or their
nominated representative, determine If weather conditions on a site are such that It
is unreasonable to start or continue work. Weather shall not be regarded as
inclement (Inclement weather) unless it is agreed at such consultation, and work
shall continue as normal until that time.
23.2 In the event of inclement weather applying at a site, Employees may be relocated to
another site, provided that inclement weather does not apply at that site, or to the
employer's workshop where work in the Employee's classification is available.
Employees may be requested to use their private vehicles to transfer to the
altemative site or workshop and, In these circumstances the Employees shall be
paid the appropriate travelling allowance as set out In the Agreement for transferring
between work sites.
23.3 If inclement weather occurs at all sites including the Employer's workshop, or there
is no suitable work at any site or the Employer's workshop, Employees will be stood
down on full pay for the remainder of the workday In question.
23.4 Where Employees are required to work in inclement weather due to emergency
work, the Employer shall provide adequate protective clothing and or shelter and
work shall continue. Wages for such work shall be paid at the relevant Overtime rate
contained In Appendix A to this Agreement.
23.5 An Employee wlll be entitled to payment as contained in Appendix A for lost time
through Inclement weather for up to 32 hours per calendar month. This will be based
on ordinary hours of work only. Hours will not be accumulated or carried over.
Page I 10
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 Employee engaging in workplace harassment may have their employment terminated. 22. ALLOWANCES 22.1 Tool Allowance 22.1.1 Where an Employers requires an Employee to provide tools, other than hand tools and tools specified in Appendix B, the Employer will reimburse the Employee the cost of providing that too !. 22.2 Meal Allowance 22.2.1 An Employee required to work overtime for at least one and a half hours after working ordinary hours must be paid by their employer an amount of $12.75 to meet the cost of a meal, plus an additional $12.75 for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. 23. INCLEMENT WEATHER 23.1 the Employer or its representative shall, in consultation with Employees and/or their nominated representative, determine if weather conditions on a site are such that It is unreasonable to start or continue work. Weather shall not be regarded as inclement (inclement weather) unless it is agreed at such consultation, and work shall continue as normal until that time. 23.2 In the event of inclement weather applying at a site, Employees may be relocated to another site, provided that inclement weather does not apply at that site, or to the employer's workshop where work in the Employee's classification is available. Employees may be requested to use their private vehicles to transfer to the alternative site or workshop and, in these circumstances the Employees shall be paid the appropriate travelling allowance as set out in the Agreement for transferring between work sites. 23.3 If inclement weather occurs at all sites including the Employer's workshop, or there is no suitable work at any site or the Employer's workshop, Employees will be stood down on full pay for the remainder of the workday in question. 23.4 Where Employees are required to work in Inclement weather due to emergency work, the Employer shall provide adequate protective clothing and or shelter and work shall continue. Wages for such work shall be paid at the relevant Overtime rate contained in Appendix A to this Agreement. 23.5 An Employee will be entitled to payment as contained in Appendix A for lost time through inclement weather for up to 32 hours per calendar month. This will be based on ordinary hours of work only. Hours will not be accumulated or carried over. Page | 10
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024
24. CLOTHING AND PROTECTIVE EQUIPMENT
24.1 The following Items wlll be supplied to each new Employee by the Employer,
following completing by the Employee of the probationary period referred to In
Clause 19 of this Agreement, to be replaced on a fair wear and tear basis:
• One pair of safety boots limited to the value of $125.00 (Inclusive of GST)
• Three shirts and trousers provided every 12 months as a minimum (on
commencement).
• One jacket, jumper.
• Hard hats / helmets
• Hand protections
• Eye Protection
24.2 Where the working environment requires it, Employees shall be provided with
approved:
• Wide-brimmed hats
• Safety helmets
• Ear/hearing protections
• Gloves
• Kin protective cream (SPF 15+ rating), and
• Other protective gear or clothing as considered appropriate
24.3 Employees shall not refuse to use protective clothing and equipment for their
designated purpose and In the circumstances for which It is provided. Failure to do
so may result In disciplinary action being taken by the Employer.
25. EMPLOYER SUPPLIES TOOLS, EQUIPMENT AND VEHICLES
25.1 Employees must ensure the correct usage, storage, security, maintenance and
cleanliness of all Employer- supplied tools, plant, equipment and vehicles. Any
defects, loss, damage or theft of these Items shall be immediately reported to the
Employer Site Foreman and Head Office Management.
25.2 All Employer supplied vehfcles wlll be kept clean and any required maintenance
shall be reported in accordance with the Employer's policy.
25.3 The Employer shall replace or repair on a fair wear and tear basis the Employer's
tools and equipment supplied and used by the Employees
25.4 All Employer-supplied vehicles and Employees who drive employer vehicles must
ensure the following specific procedure are complied with:
• Vehicles must be kept in a clean and tide condition
Page I 11
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 24. CLOTHING AND PROTECTIVE EQUIPMENT 24.1 The following items will be supplied to each new Employee by the Employer, following completing by the Employee of the probationary period referred to in Clause 19 of this Agreement, to be replaced on a fair wear and tear basis: . One pair of safety boots limited to the value of $125.00 (inclusive of GST) . Three shirts and trousers provided every 12 months as a minimum (on commencement). . One jacket, jumper. . Hard hats / helmets . Hand protections . Eye Protection 24.2 Where the working environment requires it, Employees shall be provided with approved: . Wide-brimmed hats . Safety helmets Ear/hearing protections Gloves Kin protective cream (SPF 15+ rating), and Other protective gear or clothing as considered appropriate 24.3 Employees shall not refuse to use protective clothing and equipment for their designated purpose and In the circumstances for which it is provided. Failure to do so may result in disciplinary action being taken by the Employer. 25. EMPLOYER SUPPLIES TOOLS, EQUIPMENT AND VEHICLES 25.1 Employees must ensure the correct usage, storage, security, maintenance and cleanliness of all Employer- supplied tools, plant, equipment and vehicles. Any defects, loss, damage or theft of these Items shall be immediately reported to the Employer Site Foreman and Head Office Management. 25.2 All Employer supplied vehicles will be kept clean and any required maintenance shall be reported in accordance with the Employer's policy. 25.3 The Employer shall replace or repair on a fair wear and tear basis the Employer's tools and equipment supplied and used by the Employees .. 25.4 All Employer-supplied vehicles and Employees who drive employer vehicles must ensure the following specific procedure are complied with: · Vehicles must be kept in a clean and tide condition Page | 11
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024
• Any vehicle faults must be reported immediately to the appropriate Supervisor
/ Management
• Any accidents, no matter how minor, must be reported Immediately to the
appropriate Supervisor I Management Employees whilst driving Employer
vehicles must not use a handheld mobile phone or other similar devices which
may hinder their ablllty to drive In a safe and responsible manner
• The Employer wlll not be responsible for the payment of any traffic offence or
parking Infringements whether Employees are driving Employer vehicles or
private vehicles
• Smoking Is not pennitted In Employer vehicles
26. EMPLOYEE TOOLS
26.1 Employees shall be required to have available at any time those tools specified In
Appendix B and /or tools as required that are necessary for the proper performance
of the work.
26.2 An Employee will be reimbursed by the employer to a maximum of $1,100.00
including GST for loss of tools or clothing by fire or breaking and entering whilst
securely stored at the employers' direction in a room or building on the employers'
premises, Job or workshop.
26.3 For the purpose of this Clause:
26.3.1 Only tools used by the Employee in the course of their employment will
be covered by this Clause.
26.3.2 The Employee will, if requested to do so, present the employer with a list
of tools so used and proof that such tools were stolen.
26.3.3 Reimbursement wlll be at the current replacement value of new tools of
the same or comparable quality.
26.3.4 The Employee will report any theft to the police prior to making a claim on
the employer for replacement of stolen tools.
27. FLEXIBILITY TERM
27.1 An Employee and the Employer may agree to an arrangement {Individual Flexlblllty
Arrangement) varying the effect of certain terms of this enterprise agreement in
order to meet the genuine needs of the Employee and Employer. The following
terms of this Agreement may be varied:
27.1.1 Work hours
27.1.2 Overtime rates
27.1.3 Living away from home
Page I 12
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 Any vehicle faults must be reported immediately to the appropriate Supervisor / Management Any accidents, no matter how minor, must be reported immediately to the appropriate Supervisor / Management Employees whilst driving Employer vehicles must not use a handheld mobile phone or other similar devices which may hinder their ability to drive In a safe and responsible manner The Employer will not be responsible for the payment of any traffic offence or parking infringements whether Employees are driving Employer vehicles or private vehicles Smoking is not permitted in Employer vehicles 26. EMPLOYEE TOOLS 26.1 Employees shall be required to have available at any time those tools specified In Appendix B and /or tools as required that are necessary for the proper performance of the work. 26.2 An Employee will be reimbursed by the employer to a maximum of $1, 100.00 including GST for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employers' direction in a room or building on the employers' premises, Job or workshop. 26.3 For the purpose of this Clause: 26.3.1 Only tools used by the Employee in the course of their employment will be covered by this Clause 26.3.2 The Employee will, if requested to do so, present the employer with a list of tools so used and proof that such tools were stolen. 26.3.3 Reimbursement will be at the current replacement value of new tools of the same or comparable quality. 26.3.4 The Employee will report any theft to the police prior to making a claim on the employer for replacement of stolen tools. 27. FLEXIBILITY TERM 27.1 An Employee and the Employer may agree to an arrangement (Individual Flexibility Arrangement) varying the effect of certain terms of this enterprise agreement in order to meet the genuine needs of the Employee and Employer. The following terms of this Agreement may be varied: 27.1.1 Work hours 27.1.2 Overtime rates 27.1.3 Living away from home Page | 12
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
27 .1.4 Rostered paid days off
27 .1.5 Allowances
27 .2 The Employer shall ensure that the terms of the lndivid ual Flexibility Arrangement:
27.2.1 Are about permitted matters under section 175 of the Fair work Act 2009:
and
27 .2.2 Are not unlawful terms under section 194 of the Fair Work Act 2009: and
27 .2.3 Result In the Employee being better off overall than the Employee would
be if no arrangement was made.
27.3 The Employer shall ensure that the lndivldual Flexibility Arrangement:
27.3.1 Is In writing
27.3.2 Includes the name of the Employer and Employee
27.3,3 Its signed by the Employer and Employee and if the Employee ls under
18 years of age, signed by a parent or guardian of the Employee: and
27.3.4 Includes details of:
27.3.4.1 The terms of the enterprise agreement that will be varied by the
arrangement:
How the arrangement will vary the effect of the terms: 27.3.4.2
27,3.4.3
terms
How the Employee will be better off overall In relations to the
27.3.4.4 Conditions of his or her employment as a result of the
arrangement: and
27.3.4.5 States the day on which the arrangement commences
27.4 The Employer or Employee may terminate the individual flexibility arrangement:
27.4.1 By giving no more than 28 days written notice to the other party to the
arrangement: or
27.4.2 If the Employer and Employee agree in writing at any time.
28. INDUSTRY SPECIFIC REDUNDANCY SCHEME
Page I 13
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 27.1.4 Rostered paid days off 27.1.5 Allowances 27.2 The Employer shall ensure that the terms of the Individual Flexibility Arrangement: 27.2.1 Are about permitted matters under section 175 of the Fair work Act 2009: and 27.2.2 Are not unlawful terms under section 194 of the Fair Work Act 2009: and 27.2.3 Result in the Employee being better off overall than the Employee would be if no arrangement was made. 27.3 The Employer shall ensure that the Individual Flexibllity Arrangement: 27.3.1 is In writing 27.3.2 Includes the name of the Employer and Employee 27.3.3 Its signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee: and 27.3.4 Includes details of: 27.3.4.1 The terms of the enterprise agreement that will be varied by the arrangement: 27.3.4.2 How the arrangement will vary the effect of the terms: 27.3.4.3 How the Employee will be better off overall in relations to the terms 27.3.4.4 Conditions of his or her employment as a result of the arrangement: and 27.3.4.5 States the day on which the arrangement commences 27.4 The Employer or Employee may terminate the individual flexibility arrangement: 27.4.1 By giving no more than 28 days written notice to the other party to the arrangement: or 27.4.2 If the Employer and Employee agree in writing at any time. 28. INDUSTRY SPECIFIC REDUNDANCY SCHEME Page | 13
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
28, 1 Definition
28.1.1 For the purpose of this clause 28, redundancy only occurs where you
abolish the position
28.2 Redundancy Fund
28.2.1 The Employer will participate in the Redundancy Protection Scheme or a
Redundancy Protection Scheme/Fund as agreed between the Employer and
Employees. Any ATO Approved Fund that Is administered and/or managed by
lncollnk shall be taken as agreed to by most Employees and the Employer for
the purpose of this sub-clause 28,2 ("Fund").
28.2.2 Upon lncolink notifying the Employer of the name and details of the Fund,
the Employer shall take all reasonable steps to Join the Fund and facilitate
Employees becoming members of the Fund.
28.2.3 The Employer shall make contributions for each Employee Into the
lncollnk Redundancy Protection Scheme In accordance with this clause 28
and the terms of the Redundancy Scheme Fund Deed. The contrlbuHons will
continue whilst an Employee Is absent on paid annual leave, sick leave, long
service leave, public holidays, Jury service, bereavement leave, workers
compensation up to 26 weeks or other paid leave.
28.2.4 Clauses 28.2.1 to 28.2.4 do not apply to Employees who reside and work
In Queensland.
28.3 Employees in Queensland
28.3.1 Employer wlll also participate In the Bullding Employees Redundancy
Trust Fund ("BERT/BEWT Fund").
28.3.2 The Employer shall make contributions Into the BERT Fund for each
Employee who resides and work In Queensland under this clause 28,3 and
the BERT Fund Deed. The contributions will continue whllst an Employee Is
absent on paid annual leave, sick leave, long service leave, (including where
this is paid for by Qleave), public holidays, jury service, bereavement leave,
workers compensation up to the first twelve months, or other paid leave.
28.4 Contributions
28.4.1 The Employer must contribute to the appropriate redundancy fund
(lncolink/BERT) at least the following weekly amount on behalf of each Employee:
Tradesperson $32.00
Apprentice 4th Year (90%) $28.80
Page I 14
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 28.1 Definition 28.1.1 For the purpose of this clause 28, redundancy only occurs where you abolish the position 28.2 Redundancy Fund 28.2.1 The Employer will participate in the Redundancy Protection Scheme or a Redundancy Protection Scheme/Fund as agreed between the Employer and Employees. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by most Employees and the Employer for the purpose of this sub-clause 28.2 ("Fund"). 28.2.2 Upon Incolink notifying the Employer of the name and details of the Fund, the Employer shall take all reasonable steps to Join the Fund and facilitate Employees becoming members of the Fund. 28.2.3 The Employer shall make contributions for each Employee Into the Incolink Redundancy Protection Scheme in accordance with this clause 28 and the terms of the Redundancy Scheme Fund Deed. The contributions will continue whilst an Employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, workers compensation up to 26 weeks or other paid leave. 28.2.4 Clauses 28.2.1 to 28.2.4 do not apply to Employees who reside and work In Queensland. 28.3 Employees in Queensland 28.3.1 Employer will also participate in the Building Employees Redundancy Trust Fund ("BERT/BEWT Fund"). 28.3.2 The Employer shall make contributions into the BERT Fund for each Employee who resides and work in Queensland under this clause 28,3 and the BERT Fund Deed. The contributions will continue whilst an Employee is absent on paid annual leave, sick leave, long service leave, (including where this is paid for by QLeave), public holidays, jury service, bereavement leave, workers compensation up to the first twelve months, or other paid leave. 28.4 Contributions 28.4.1 The Employer must contribute to the appropriate redundancy fund (Incolink/BERT) at least the following weekly amount on behalf of each Employee: Tradesperson $32.00 Apprentice 4th Year (90%) $28.80 Page | 14
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT - 2021-2024
Apprentice 3rd Year (76%) $24.00
Apprentice 2nd Year (55%) $17.60
Apprentice 181 Year (40%) $12.80
28.4.2 The Employer must contribute to the BEWT at least the following weekly amount
on behalf of each Queensland Employee:
Tradesperson $14.90
Apprentice 4th Year (90%) $13.41
Apprentice 3ro Year (75%) $11.18
Apprentice 2nd Year (55%} $8.20
Apprentice 1st Year (40%} $5.96
28.4.3 Contributions paid by the Employer under this clause will be paid in
accordance with the requirements of the Fund Trust Deed and the BERT Fund
Trust Deed.
28.4.4 Upon termination the Employee will, depending on the Fund Trust Deed
and the BERT Fund Trust Deed be paid directly by the relevant scheme.
28.4.5 For the purpose of meeting Its obligations under this clause 28 the
Employer will make the contributions set out In sub-clause 28.4.1 on a monthly
basis in respect of each Employee covered by this Agreement to the lncollnk
Redundancy Protection Scheme or the BERT Fund, whichever is appropriate.
The details of the Employer's contribution for each month, Including when the
contribution was made and for how much, will be displayed on the Employee's
wage statement by the end of the second week of each subsequent month.
28.5 Redundancy Pay
28.5.1 A redundant Employee will receive redundancy/severance payments In
respect of all continuous service with the Employer, calculated as follows.
Period of continuous service
Redundancy/Severance Pay
with an employer
2.4 weeks' pay plus, for all service
1 year or more but less than 2 In excess of 1 year, 1.75 hours pay
Years per completed week of service up
to a maximum of 4.8 weeks' pay
2 years or more but Jess than 3
4.8 weeks' pay plus, for all service
In excess of 2 years, 1.6 hours pay
Years
per completed week of service up
Page f 15
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 Apprentice 3rd Year (75%) $24.00 Apprentice 2nd Year (55%) $17.60 Apprentice 1st Year (40%) $12.80 28.4.2 The Employer must contribute to the BEWT at least the following weekly amount on behalf of each Queensland Employee: Tradesperson $14.90 Apprentice 4th Year (90%) $13.41 Apprentice 3rd Year (75%) $11.18 Apprentice 2nd Year (55%) $8.20 Apprentice 1ª1 Year (40%) $5.96 28.4.3 Contributions paid by the Employer under this clause will be paid in accordance with the requirements of the Fund Trust Deed and the BERT Fund Trust Deed. 28.4.4 Upon termination the Employee will, depending on the Fund Trust Deed and the BERT Fund Trust Deed be paid directly by the relevant scheme. 28.4.5 For the purpose of meeting Its obligations under this clause 28 the Employer will make the contributions set out in sub-clause 28.4.1 on a monthly basis In respect of each Employee covered by this Agreement to the Incolink Redundancy Protection Scheme or the BERT Fund, whichever is appropriate. The details of the Employer's contribution for each month, including when the contribution was made and for how much, will be displayed on the Employee's wage statement by the end of the second week of each subsequent month. 28.5 Redundancy Pay 28.5.1 A redundant Employee will receive redundancy/severance payments in respect of all continuous service with the Employer, calculated as follows. Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 2 years or more but less than 3 4.8 weeks' pay plus, for all service Years in excess of 2 years, 1.6 hours pay per completed week of service up Page | 15
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
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 8weeks' pay
28.5.2 Provided that an Employee employed for less than 12 months wlll 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.
28.5.3 Week's pay means the ordinary time rate of pay at the time of termination
for the Employee concerned.
28.5.4 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.
28.5.5 Any period of service as a casual will not entitle an Employee to accrue
service In accordance with this clause for that period.
28.6.6 Service as an apprentice will entitle an Employee to accumulate credits
towards the payment of a redundancy benefit In accordance with this clause If
the Employee completes an apprenticeship and remains In employment with
that Employer for a further 12 months.
28.5.7 Contributions paid by the employer under this clause will be paid In
accordance with the requirements of the relevant redundancy pay scheme
trust deed.
28.5.8 Upon termination the Employee will, depending on the relevant
redundancy pay scheme trust deed, be paid directly by the scheme
28.5.9 For the purpose of meeting its obligations under this clause the Employer
will make the contributions set out In clause 27 above on a monthly basis In
respect of each Employee cover by this Agreement to the Scheme.
28.5.10 Where Employee Is entitled to a payment by a scheme under clause 28
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 28 and the amount due under this clause, but not both.
28.6 Redundancy Pay Schemes
28.6.1 Where an Employer terminates the employment of an Employee and the
Employer Incurs a redundancy pay obligation to the Employee under clause
28 some or an 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: ·
Page I 16
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 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 28.5.2 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. 28.5.3 Week's pay means the ordinary time rate of pay at the time of termination for the Employee concerned. 28.5.4 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. 28.5.5 Any period of service as a casual will not entitle an Employee to accrue service in accordance with this clause for that period. 28.5.6 Service as an apprentice will entitle an Employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the Employee completes an apprenticeship and remains in employment with that Employer for a further 12 months. 28.5.7 Contributions paid by the employer under this clause will be paid In accordance with the requirements of the relevant redundancy pay scheme trust deed. 28.5.8 Upon termination the Employee will, depending on the relevant redundancy pay scheme trust deed, be paid directly by the scheme 28.5.9 For the purpose of meeting its obligations under this clause the Employer will make the contributions set out in clause 27 above on a monthly basis In respect of each Employee cover by this Agreement to the Scheme. 28.5.10 Where Employee Is entitled to a payment by a scheme under clause 28 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 28 and the amount due under this clause, but not both. 28.6 Redundancy Pay Schemes .. 28.6.1 Where an Employer terminates the employment of an Employee and the Employer Incurs a redundancy pay obligation to the Employee under clause 28 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: Page | 16
AXIS MAINTENANCE SERVICES P1Y LTD AGREEMENT- 2021-2024
28.6.1.1 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.
28.6.1.2 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 obligatlon under this
clause the obligation wlll be fully satisfied; and
28.6.1.3 The redundancy pay scheme must be Approved Worker
Entitlement Fund under the Fringe Benefits Tax Regulations 1992.
28.7 Employee leaving during notice period
28.7.1 An employee whose employment Is to be terminated in accordance with
this clause 27 may terminate their employment during the period of notroa 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,
28.8 Transfer of Business
28.8.1 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:
28.8.1.1 The continuity of the employment of the Employee will be deemed
not to have been broken by reason of such transfer; and
28.8.1.2 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.
28.8.2 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.
Page I 17
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 28.6.1.1 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. 28.6.1.2 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; and 28.6.1.3 The redundancy pay scheme must be Approved Worker Entitlement Fund under the Fringe Benefits Tax Regulations 1992. 28.7 Employee leaving during notice period 28.7.1 An employee whose employment is to be terminated in accordance with this clause 27 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. 28.8 Transfer of Business 28.8.1 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: 28.8.1.1 The continuity of the employment of the Employee will be deemed not to have been broken by reason of such transfer; and 28.8.1.2 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. 28.8.2 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. Page | 17
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021·2024
29. TERMINATION OF EMPLOYMENT
29.1 One days notice of termination of employment will be given on either side or one
day's paywlll be paid or forfeited.
29.2 A tradesperson will be allowed one hour prior to termination to gather, clean,
sharpen, pack and transport their tools
30. CONSULATION OF WORKPLACE CHANGE
30.1 The tenn applies If:
30.1.1 . The Employer has made a definite decision to introduce a major change
to production, program, organisation, structure, or technology in relation to the
Employer: and
30 .1.2 The change is likely to have a significant effect on Employees of the
Employer.
30.2 The Employer shall notify the relevant Employees of the decision to Introduce the
major change.
30.3 The relevant Employees may appoint a representative for the purpose of the
procedures in this term.
30.4 If:
30.4.1 A relevant Employee appoints, or relevant Employees appoint, a
representative for the purposes of consultation: and
30.4.2 The Employee or Employees advise the Employer of the identity of the
representative:
30.4.3 The Employer shall recognise the representative.
30.5 As soon as practicable after making its decision, the Employer shall discuss with the
relevant Employees:
30.5.1 The introduction of the change; and
30.5.2 The effect the change is likely to have on the Employees: and
30.5.3 Measures the Employer Is taking to vert or mitigate the adverse effect of
the change on the Employees
30.6 For the purposes of the discussion provide, In writing, to the relevant Employees:
Page I 18
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 29. TERMINATION OF EMPLOYMENT 29.1 One days notice of termination of employment will be given on either side or one day's pay will be pald or forfelted. 29.2 A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport their tools 30. CONSULATION OF WORKPLACE CHANGE 30.1 The term applies if: 30.1.1 The Employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to the Employer: and 30.1.2 The change is likely to have a significant effect on Employees of the Employer. 30.2 The Employer shall notify the relevant Employees of the decision to introduce the major change. 30.3 The relevant Employees may appoint a representative for the purpose of the procedures in this term. 30.4 If: 30.4.1 A relevant Employee appoints, or relevant Employees appoint, a representative for the purposes of consultation: and 30.4.2 The Employee or Employees advise the Employer of the Identity of the representative: 30.4.3 The Employer shall recognise the representative, 30.5 As soon as practicable after making its decision, the Employer shall discuss with the relevant Employees: 30.5.1 The introduction of the change; and 30.5.2 The effect the change is likely to have on the Employees: and 30.5.3 Measures the Employer is taking to vert or mitigate the adverse effect of the change on the Employees 30.6 For the purposes of the discussion provide, in writing, to the relevant Employees: Page | 18
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT- 2021-2024
30.6.1 All relevant Information about the change Including the nature of the
change proposed; and
30.6.2 Information about the expected effects of the change on the Employees:
and
30.6.3 Any other matters likely to affect the Employees
30.7 However, the Employer Is not required to disclose confidential or commerclally
sensitive information to the relevant Employees.
30.8 The Employer shall give prompt and genuine consideration to matters raised about
the major change by the relevant Employees
30.9 If a term in the 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 sub-clauses (30.2), (30.3), and (30.5) are taken not to
apply.
30.1 0 In this term, a major change is likely to have a significant effect on Employees if It
results In:
30.10.1 The termination of the employment of Employees: or
30.10.2 Major change to the composition, operation or size of the Employer's
workforce or to the skills required of Employees: or
30.10.3 The elimlnation or diminution of job opportunities (including opportunities
for promotion or tenure) or
30.1 0 .4 The alteration of hours of work: or
30.10,5 The need to retain Employees: or
30.10.6 The need to relocate Employees to another workplace: or
30 .10. 7 The restructuring of Jobs.
30.11 In this clause, a relevant Employee means the Employees who may be affected
by the major change.
31. DISPUTE RESOLUTION PROCEDURE
31.1 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 NES 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
Page I 19
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 30.6.1 All relevant information about the change including the nature of the change proposed; and 30.6.2 Information about the expected effects of the change on the Employees: and 30.6.3 Any other matters likely to affect the Employees 30.7 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employees. 30.8 The Employer shall give prompt and genuine consideration to matters raised about the major change by the relevant Employees 30.9 If a term in the 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 sub-clauses (30.2), (30.3), and (30.5) are taken not to apply. 30.10 In this term, a major change is likely to have a significant effect on Employees if It results in: 30.10.1 The termination of the employment of Employees: or 30.10.2 Major change to the composition, operation or size of the Employer's workforce or to the skills required of Employees: or 30.10.3 The elimination or diminution of job opportunities (including opportunities for promotion or tenure) or 30.10.4 The alteration of hours of work: or 30.10.5 The need to retain Employees: or 30.10.6 The need to relocate Employees to another workplace: or 30.10.7 The restructuring of jobs. 30.11 In this clause, a relevant Employee means the Employees who may be affected by the major change. 31. DISPUTE RESOLUTION PROCEDURE 31.1 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 NES 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 Page | 19
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
Agreement or disputes concerning the NES (or any other dispute related to the
employment relationship} shall be dealt with according to the following procedure.
31,2 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
fonnal determination procedure by the Fair Work Commission:
31.2.1 The matter shall be first submitted by the Employee/s or his/her
Employee representative of the Enterprise, and If not settled, to a more senior
Enterprise representative.
31.2.2 Alternatively, the Enterprise may submit an Issue to the Employee/who
may seek the assistance and involvement of the Employee representative or
other representative.
31.2.3 Work shall continue without Interruption from Industrial stoppages, ban
and/or llmitations whfle these procedures are being followed. The pre-dispute
status quo shall prevail while the matter Is being dealt with In accordance with
this procedure.
31.2.4 If still not resolved, there may be discussions between the relevant
Employee Rep official (if requested by the Employee/s}, or other
representative of the Employee, and senior Enterprise representative.
31.2.5 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
31.2.6 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.
31.3 This procedure shall be followed In good faith without unreasonable delay.
31.4 If a party falls 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.
31.5 Conciliation
31.5.1 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.
31.5.2 Before the process commences the FWC may confer with the parties
Informally about matters of procedure, such as:
Pag~ I 20
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 Agreement or disputes conceming the NES (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 31.2 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: 31.2.1 The matter shall be first submitted by the Employee/s or his/her Employee representative of the Enterprise, and if not settled, to a more senior Enterprise representative. 31.2.2 Alternatively, the Enterprise may submit an issue to the Employee/who may seek the assistance and involvement of the Employee representative or other representative. 31.2.3 Work shall continue without Interruption from industrial stoppages, ban 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. 31.2.4 If still not resolved, there may be discussions between the relevant Employee Rep official (if requested by the Employee/s), or other representative of the Employee, and senior Enterprise representative, 31.2.5 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 31.2.6 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. 31.3 This procedure shall be followed In good faith without unreasonable delay. 31.4 If a party falls 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. 31.5 Conciliation 31.5.1 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. 31.5.2 Before the process commences the FWC may confer with the parties informally about matters of procedure, such as: Page | 20
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
31.6.2.1
31.5.2.2
31.5.2.3
31.5.2.4
The presentation each side's position (whether oral or in writing);
Confldentlallty requirements.
Representation at the private conciliation
Timing, location and duration of conciliation
31.5.2.5 Whether a telephone conference Is all that is needed In the first
instances; and
31.5.2.6 Any further particulars about the FWC's role in relation to
establishing procedures.
31.5.3 Subject to the preceding clause, It Is agreed that the FWC wlll observe
confldentlallty about all aspects of the dispute, and, consistent with its
expected role to this point, may do such things as;
31.5.3.1 Helps the parties Identify and define the matters In dispute;
31.5.3.2 Help the parties to develop a procedure which Is aimed at
achieving resolution of the dispute quickly, fairly and cost-effectively;
31.5.3.3 Where appropriate, suggest particular dispute resolution
techniques for individual Issues aimed at narrowing the matters in dispute
quickly, fairly and cost-effectlvely; and
31.5.3.4 Where appropriate, suggest particular dispute resolution
techniques for individual issues aimed at narrowing the matters in dispute
quickly, fairly and cost-effectively; and
31.5.3.5 Act as the facllltator or direct negotiations between the parties.
31.5.4 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 speclflcally authorised to do
so.
31.5.5 If the FWC Is of the view that having completed the above process the
matter(s) In dispute remains unresolved, it may;
31.5.5.1 Make suggestions for resolution of the dispute;
31.5.5.2 Express opinions as to what would constitute a reasonable
resolution of the dispute, or any part thereof; or
Page I 21
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 31.5.2.1 The presentation each side's position (whether oral or in writing); 31.5.2.2 Confidentiality requirements. 31.5.2.3 Representation at the private conciliation 31.5.2.4 Timing, location and duration of conciliation 31.5.2.5 Whether a telephone conference is all that is needed In the first Instances; and 31.5.2.6 Any further particulars about the FWC's role In relation to establishing procedures. 31.5.3 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; 31.5.3.1 Helps the parties identify and define the matters in dispute; 31.5.3.2 Help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; 31.5.3.3 Where appropriate, suggest particular dispute resolution techniques for individual Issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; and 31.5.3.4 Where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; and 31.5.3.5 Act as the facilitator or direct negotiations between the parties. 31.5.4 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. 31.5.5 If the FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may; 31.5.5.1 Make suggestions for resolution of the dispute; 31.5.5.2 Express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or Page | 21
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
31.5.5.3 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;
31.5.5.4 Any function performed by the FWC in this regard is advisory only
and Is not binding upon the parties.
31.6 Formal Determination
31.6.1 If the matter(s) In dispute remain unresolved the FWC may make a formal
determinatlon.
31.6.2 The FWC, In making Its formal determination, will ensure that the formal
determlnatlon be consistent with the "Code for the Tendering and
Performance of Bulldlng Work 2016"
31.6.3 The parties agree to abide by the determination
31.6.4 An Employee/a may be represented for the purposes of a formal
determination procedure by the FWC
31.6.5 Before making Its determination the FWC will give the parties an
opportunity to be herd 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 wilt
disregard any admissions, concessions, offers or claims made in mediation or
conciliation.
31.6.6 The FWC can make and issue directions In relation to the process leading
to Its determination and the parties will abide by those directions.
31.6. 7 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.
31.7 This procedure shall be followed In good faith without unreasonable delay.
32. SICKPAY
32.1 Sick leave shall be paid as per the Employee's relevant base rate shown In
Appendix A to this Agreement.
32.2 The following provision will apply to all Employees (other than casual Employees)
covered by this Agreement
Page I 22
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 31.5.5.3 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; 31.5.5.4 Any function performed by the FWC in this regard is advisory only and is not binding upon the parties. 31.6 Formal Determination 31.6.1 If the matter(s) In dispute remain unresolved the FWC may make a formal determination 31.6.2 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" 31.6.3 The parties agree to abide by the determination 31.6.4 An Employee/s may be represented for the purposes of a formal determination procedure by the FWC 31.6.5 Before making its determination the FWC will give the parties an opportunity to be herd 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 medlation or conciliation. 31.6.6 The FWC can make and issue directions In relation to the process leading to its determination and the parties will abide by those directions. 31.6.7 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. 31.7 This procedure shall be followed in good faith without unreasonable delay. 32. SICKPAY 32.1 Sick leave shall be paid as per the Employee's relevant base rate shown in Appendix A to this Agreement. 32.2 The following provision will apply to all Employees (other than casual Employees) covered by this Agreement Page | 22
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
32.3 An Employee (other than a casual Employee) who Is absent from work on account
of personal illness or Injury by accident wlll be entttled to leave of absence, without
loss of pay, subject to the following conditions and !imitations.
32.4 The Employee will not be entitled to such leave of absence for any period in respect
of which the Employee Is entitled to worker's compensation.
32.5 The Employee will notify the Employers Supervisor/ Management at or before the
normal starting on the day of absence, unless special circumstances apply of the
Employee's Inability to.attend for duty, and as far as practicable, state the nature of
Injury or Illness and the estimated duration of the absence. Where special
circumstances exist for not notifying the employer prior to 7:00am, the Employee will
notify the Employer as soon as practicable.
32.6 An Employee shall be entitled to use up to ten days for sick days leave in each year
of service subject to:
32.6.1 During the first year of employment with the Employer the Employeewill
be entitled to sick leave entitlement at the rate of one day at the beginning of
each of the first ten calendar months of the Employee's first year of
employment.
32.6.2 Employees with more than twelve months employment with the Employer
shall be entitled to ten (10) sick days per year.
32.7 An Employees will be entitled to payment for absence from duty on account of
personal Illness or injury for one single day In each year of service with the Employer
without the production of a medical certificate.
32.8 In all other cases of claims for paid sick leave the Employee will not be entitled to
payment unless the Employee provides the Employer with a certificate from a duly
qualified medical practitioner who states that In the opinion of the medical
practitioner, the Employee was unable to attend for duty on account of personal
Illness or injury by accident.
32.9 The Employer may agree to accept from the Employee a statutory declaration
stating that the Employee was unable to attend for duty on account of personal
Illness or injury in lieu of a medical certificate, where it is not reasonable practice for
an Employee to supply cerHficate from a medical practitioner.
33. JURY DUTY
33.1 An Employee required to attend for jury service during ordinary working hours will be
reimbursed by the Employer an amount equal to the difference between the amount
paid In respect of the Employee's attendance for such jury service and the amount
of wage the Employee would have received in respect of the ordinary time the
Employee would have worked had the employee not been on Jury service.
Page I 23
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 32.3 An Employee (other than a casual Employee) who is absent from work on account of personal illness or Injury by accident will be entitled to leave of absence, without loss of pay, subject to the following conditions and limitations. 32.4 The Employee will not be entitled to such leave of absence for any period in respect of which the Employee is entitled to worker's compensation. 32.5 The Employee will notify the Employers Supervisor / Management at or before the normal starting on the day of absence, unless special circumstances apply of the Employee's inability to attend for duty, and as far as practicable, state the nature of injury or Illness and the estimated duration of the absence. Where special circumstances exist for not notifying the employer prior to 7:00am, the Employee will notify the Employer as soon as practicable. 32.6 An Employee shall be entitled to use up to ten days for sick days leave in each year of service subject to: 32.6.1 During the first year of employment with the Employer the Employeewill be entitled to sick leave entitlement at the rate of one day at the beginning of each of the first ten calendar months of the Employee's first year of employment. 32.6.2 Employees with more than twelve months employment with the Employer shall be entitled to ten (10) sick days per year. 32.7 An Employees will be entitled to payment for absence from duty on account of personal Illness or injury for one single day in each year of service with the Employer without the production of a medical certificate. 32.8 In all other cases of claims for paid sick leave the Employee will not be entitled to payment unless the Employee provides the Employer with a certificate from a duly qualified medical practitioner who states that in the opinion of the medical practitioner, the Employee was unable to attend for duty on account of personal illness or injury by accident. 32.9 The Employer may agree to accept from the Employee a statutory declaration stating that the Employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate, where it is not reasonable practice for an Employee to supply certificate from a medical practitioner. 33. JURY DUTY 33.1 An Employee required to attend for jury service during ordinary working hours will be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of the Employee's attendance for such jury service and the amount of wage the Employee would have received in respect of the ordinary time the Employee would have worked had the employee not been on jury service. Page | 23
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
33.2 An Employee is required to notify the Employer as soon as possible of the date upon
which the Employee ls required to attend for jury service. Further the Employee will
give the Employer proof of attendance, the duration of such attendance and
evidence of the amount received In respect of such Jury service.
34. PUBLIC HOLIDAYS
34.1 Employees are entitled to all statutory Public holidays, (excluding Casual
Employees) as prescribed below - this will include any other day, or part-day,
declared or prescribed by or under a law of a State or Territory to be observed
generalfy within the State or Territory, or a region of the State or Territory, as a
public holiday, other than a day or par-day, or a kind of day or part-day, that Is
excluded by the regulations from counting as a public holiday- to be defined as a
public holiday under the Agreement.
• New Year's Day
• Australia Day
• LabourDay
• Good Friday
• Easter Monday
• AnzacDay
• Queen's Birthday
• Christmas Day
• Boxing Day
34.1.1 Where the Employees required to work on a Public Holiday, he or she
shall do so and will be entitled to payment at the overtime rate in Appendix A
to this Agreement, or an alternative paid day off in lieu on a day agreed
between the Employee and the Employer.
34.2 When public holidays fall on a weekend
34.2.1 When Christmas Day is a Saturday or Sunday a holiday in lieu will be
observed on Dec 27
34.2.2 When Boxing Day is a Saturday or Sunday a holiday In lieu will be
observed on Dec 28
34.2.3 When New Years Day or Australia Day is a Saturday or Sunday a holiday
in lieu will be observed on the following Monday.
35. ANNUAL LEAVE
35.1 The provision of annual leave under this agreement shall be in accordance with the
National Employment Standards (NES).
35.2 Method of taking Leave
Page I 24
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 33.2 An Employee is required to notify the Employer as soon as possible of the date upon which the Employee is required to attend for jury service. Further the Employee will give the Employer proof of attendance, the duration of such attendance and evidence of the amount received in respect of such jury service. 34. PUBLIC HOLIDAYS 34.1 Employees are entitled to all statutory Public holidays, (excluding Casual Employees) as prescribed below - this will include any other day, or part-day, declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory, or a region of the State or Territory, as a public holiday, other than a day or par-day, or a kind of day or part-day, that is excluded by the regulations from counting as a public holiday - to be defined as a public holiday under the Agreement. . New Year's Day Australia Day Labour Day Good Friday Easter Monday Anzac Day Queen's Birthday Christmas Day Boxing Day 34.1.1 Where the Employees required to work on a Public Holiday, he or she shall do so and will be entitled to payment at the overtime rate in Appendix A to this Agreement, or an alternative paid day off in lieu on a day agreed between the Employee and the Employer 34.2 When public holidays fall on a weekend 34.2.1 When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on Dec 27 34.2.2 When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on Dec 28 34.2.3 When New Years Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. 35. ANNUAL LEAVE 35.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 35.2 Method of taking Leave Page | 24
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
35.2.1 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 the Employee will seek to reach agreement on the
taking of annual leave at a mutually convenient tlme(s ). If not taken within six
months from the date accrued, either the Employer or Employee give at least
four weeks' notice of the dates when all, or part of the accrued leave wlll be
taken.
36. LONG SERVICE LEAVE
36.1 The Employer shall pay contributions to the relevant state authority based on the
Employees relevant base rate as set out In 'appendix A of this agreement. The
Employee will be entitled to the greater entitlement of either this agreement of the
entitlement provided by the scheme in the relevant State or Territory.
37. COMMUNITY SERVJCE
37.1 The Employer may grant unpaid leave for voluntary emergency activities where the
Employee may be part of a community organisation. The Employee is to make the
employer aware, prior to any such activity that he or she is involved In.
38. PERSONAlJCARERS LEAVE AND COMPASSIONATE LEAVE
38.1 An Employee who requires Family Leave may utilise the following provisions for
such purpose.
38.2 An Employee with responsibilities In relatlon to either members of the Employee's
immediate family or members of the Employee's household who need their care and
support will be entitled to use, in accordance with this clause, any sick leave
entitlement for absences to provide care and support for such persons when they
arem.
38.3 The term 'immediate family ' Includes:
38.3.1 A spouse (including a defacto spouse), A defacto spouse, In relation to a
person, means a person who lives with the first mentioned person on a bona
fide domestic basis although not legally married to that person: and
38.3.2 A child or an adult child (Including an adopted child, a step child or an ex
nuptial chlld); a parent, grandparent, grandchild or sibling of the Employee or
spouse of the Employee
38.4 Where possible, the Employee will give the employer notice prior to the absence, of
the Intention to take such leave, the reasons for taking such leave and the estimated
length of absence.
Page I 25
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 35.2.1 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 the 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 accrued, elther the Employer or Employee give at least four weeks' notice of the dates when all, or part of the accrued leave will be taken. 36. LONG SERVICE LEAVE 36.1 The Employer shall pay contributions to the relevant state authority based on the Employees relevant base rate as set out in 'appendix A of this agreement. The Employee will be entitled to the greater entitlement of either this agreement of the entitlement provided by the scheme in the relevant State or Territory. 37. COMMUNITY SERVICE 37.1 The Employer may grant unpaid leave for voluntary emergency activities where the Employee may be part of a community organisation. The Employee is to make the employer aware, prior to any such activity that he or she is involved in. 38. PERSONAL/CARERS LEAVE AND COMPASSIONATE LEAVE 38.1 An Employee who requires Family Leave may utilise the following provisions for such purpose. 38.2 An Employee with responsibilities in relation to either members of the Employee's immediate family or members of the Employee's household who need their care and support will be entitled to use, in accordance with this clause, any sick leave entitlement for absences to provide care and support for such persons when they are ill. 38.3 The term 'immediate family ' Includes: 38.3.1 A spouse (including a defacto spouse). A defacto spouse, in relation to a person, means a person who lives with the first mentioned person on a bona fide domestic basis although not legally married to that person: and 38.3.2 A child or an adult child (including an adopted child, a step child or an ex nuptial child); a parent, grandparent, grandchild or sibling of the Employee or spouse of the Employee 38.4 Where possible, the Employee will give the employer notice prior to the absence, of the Intention to take such leave, the reasons for taking such leave and the estimated length of absence. Page | 25
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
38.5 If it Is not posslble for the Employee to give notice in advance of taking leave of
absence, the Employee will notify the Employer by telephone of such absence at the
first opportunity on the day of absence, and will make all reasonable efforts to
comply with 38.4.
38.6 All absences relating to an Illness of the immediate famlly member will be supported
by a medical certificate or a statutory declaration setting out the Illness of the
relevant Immediate family member.
38.7 An Employee may take annual leave consistent with the provisions of Clause 36
"Annual Leave" of this Agreement
38.8An Employee may elect with the consent of the employer, to take unpaid leave for
the purpose of providing care to an immediate family member who is Ill.
38.9 An Employee may elect, with the consent of the employer, to work 'make up time'.
'Make up Time' Is where the employ Employee takes time off during ordinary
working hours and works those hours at a later time, during the spread of ordinary
hours as set out in this Agreement.
39. PARENT LEAVE
39.1 Employees are entitled to maternity; paternity and adoption leave In connection with
the birth or adoption of a child.
39.2 The tenns and conditions of the National Employment Standards under Division 5 of
the Fair Work Act 2009 shall apply for Parental Leave for the purpose of this
Agreement.
40. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
40.1 This clause applies to all Employees, including casuals.
40.2 Definitions:
40.2.1 In this clause: 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.
40.2.2 Family Member means:
40.2.2.1 A spouse, de facto partner, child, parent, grandparent, grandchild
or sibling of the Employee; or
40.2.2.2 A child parent, grandparent, grandchild or slbllng of a spouse or
de facto partner of the Employee; or
Page I 26
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 38.5 If it Is not possible for the Employee to give notice in advance of taking leave of absence, the Employee will notify the Employer by telephone of such absence at the first opportunity on the day of absence, and will make all reasonable efforts to comply with 38.4. 38.6 All absences relating to an Iliness of the immediate family member will be supported by a medical certificate or a statutory declaration setting out the Illness of the relevant Immediate family member. 38.7 An Employee may take annual leave consistent with the provisions of Clause 36 "Annual Leave" of this Agreement 38.8 An Employee may elect with the consent of the employer, to take unpaid leave for the purpose of providing care to an immediate family member who is ill. 38.9 An Employee may elect, with the consent of the employer, to work 'make up time'. 'Make up Time' is where the employ Employee takes time off during ordinary working hours and works those hours at a later time, during the spread of ordinary hours as set out in this Agreement. 39. PARENT LEAVE 39.1 Employees are entitled to maternity; paternity and adoption leave in connection with the birth or adoption of a child. 39.2 The terms and conditions of the National Employment Standards under Division 5 of the Fair Work Act 2009 shall apply for Parental Leave for the purpose of this Agreement. 40. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 40.1 This clause applies to all Employees, including casuals. 40.2 Definitions: 40.2.1 In this clause: 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. 40.2.2 Family Member means: 40.2.2.1 A spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the Employee; or 40.2.2.2 A child parent, grandparent, grandchild or sibling of a spouse or de facto partner of the Employee; or Page | 26
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024
40.2,2,3 A person related to the Employee according to Aboriginal or
Torres Strait Islander kinship rules
40.2.3 A reference to a spouse or de facto partner In the definition of family
member in clause 40.2(a) Includes a former spouse or de facto partner,
40.2.4 Entitlement to Unpaid Leave
40.2.4.1 An Employee ls entitled to 5 days' unpaid leave to deal with family
and domestic violence, as follows:
40.2.4.1.1 The leave Is available In full at the start of each 12 month period
of the Employee's employment and:
40.2.4.12 The leave does not accumulate from year to year; and
40.2.4.1.3 Is available in full to all Employees Including casual Employees
40.2.5 Note
40.2.5.1 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.
40,2.5.2 The Employer and the Employee may agree that the Employee
may take more than 5 days' unpaid leave to deal with family and domestic
violence.
40.3 Taking Unpaid Leave
40.3.1 An Employee may take unpaid leave to deal with family and domestic
violence if the employee:
40.3.1.1 Is experiencing family and domestic violence
40.3.1.2 Needs to do something to deal with the Impact of the family
domestic violence and It Is Impractical for the employee to do that thing
outside their ordinary hours of work.
40.3.2 Note: The reason 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.
40.4 Service and Continuity
40.4.1 The time an Employee is on unpaid leave to deal wtth family and
domestic violence does not count as service but does not break the
Employee's continuity of service.
40.5 Notice of Evidence Requirements
Page I 27
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 40.2.2.3 A person related to the Employee according to Aboriginal or Torres Strait Islander kinship rules 40.2.3 A reference to a spouse or de facto partner in the definition of family member in clause 40.2(a) includes a former spouse or de facto partner. 40.2.4 Entitlement to Unpaid Leave 40.2.4.1 An Employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows: 40.2.4.1.1 The leave Is available In full at the start of each 12 month period of the Employee's employment and: 40.2.4.1.2 The leave does not accumulate from year to year; and 40.2.4.1.3 Is avallable in full to all Employees Including casual Employees 40.2.5 Note 40.2.5.1 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. 40,2.5.2 The Employer and the Employee may agree that the Employee may take more than 5 days' unpaid leave to deal with family and domestic violence. 40.3 Taking Unpaid Leave 40.3.1 An Employee may take unpaid leave to deal with family and domestic violence if the employee: 40.3.1.1 Is experiencing family and domestic violence 40.3.1.2 Needs to do something to deal with the Impact of the family domestic violence and It is impractical for the employee to do that thing outside their ordinary hours of work. 40.3.2 Note: The reason 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. 40.4 Service and Continuity 40.4.1 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. 40.5 Notice of Evidence Requirements Page | 27
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
40.5.1 An Employee must give their Employer notice of the taking of leave by the
Employee under clause 38. The notice:
40.5.1.1 Must be given to the employer as soon as practicable (which may
be a time after the leave has started);
40.5.1.2
leave
Must advise the Employer of the period, or expected period, of the
40.5.1.3 Evidence - An Employee who has given their employer notice of
the taking of leave under clause 40 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 40.4.
40.5.2 Note: Depending on the circumstances such evidence may Include a
document Issued by the police service, or a staMory declaration.
40.6 Confidentiality
40.6.1 Employers must take steps to ensure information concerning any notice
an Employee has given or evidence an Employee has provided under clause
40.5 ls treated confidentially, as far as itis reasonably practicable to do so.
40.6.2 Nothing In clause 40 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 and safety of the Employee or another
person.
40.6.3 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.
40.7 Compliance
40.7.1 An Employee Is not entitled to take leave under clause 40 unless the
employee complies with clause 40.
41. LIVING AWAY FROM HOME
41.1 For the purpose of this clause, living away from home allowance applies to a distant
project or specific Job that because of its distance or because of the travelling
facilities available to and from the location, It is reasonable necessary for an
Employee to reside at some place other than their usual place of residence.
41.2 Where an Employee is engaged by the employer and already resides within the
town or district where he or she Is engaged for employment then that person will not
be eligible for this allowance.
Page I 28
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 40.5.1 An Employee must give their Employer notice of the taking of leave by the Employee under clause 38. The notice: 40.5.1.1 Must be given to the employer as soon as practicable (which may be a time after the leave has started); 40.5.1.2 Must advise the Employer of the period, or expected period, of the leave 40.5.1.3 Evidence - An Employee who has given their employer notice of the taking of leave under clause 40 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 40.4. 40.5.2 Note: Depending on the circumstances such evidence may include a document issued by the police service, or a statutory declaration. 40.6 Confidentiality 40.6.1 Employers must take steps to ensure information concerning any notice an Employee has given or evidence an Employee has provided under clause 40.5 is treated confidentially, as far as itis reasonably practicable to do so. 40.6.2 Nothing in clause 40 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 and safety of the Employee or another person. 40.6.3 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. 40.7 Compliance 40.7.1 An Employee Is not entitled to take leave under clause 40 unless the employee complies with clause 40. 41. LIVING AWAY FROM HOME 41.1 For the purpose of this clause, living away from home allowance applles to a distant project or specific job that because of its distance or because of the travelling facilities available to and from the location, it is reasonable necessary for an Employee to reside at some place other than their usual place of residence. 41.2 Where an Employee is engaged by the employer and already resides within the town or district where he or she Is engaged for employment then that person will not be eligible for this allowance. Page | 28
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT- 2021-2024
41.3 If an Employee Is absent without the employer's approval on any day, the allowance
will not be payable for that day.
41.4 The Employer may deduct the "Travelling to site or distant town" expense as
covered under clause 39.6.1 from the Employee who tennlnates or discontinued
employment within (2) two weeks of commencing on the distant project or workplace
and who does not promptly return to the employees place of engagement.
41.5 The Employerwlll always have the right to provide the board and lodging.
41.6 Traveling to site or distant town greater than 200km from Office Headquarters.
41.6.1 The Employer shall reimburse the Employee for any out of pocket
expenses incurred wh!lst travelling from the Employee's usual place of
residence using the Employees own personal vehicle on the basis of the
employee providing receipts for the following:
• Fuel
• Meals (excluding alcohol, up to $20.00 per day)
• Accommodation
41.6.2 Vehicle maintenance and general repairs of the Employee's private
vehicle will not be covered by the Employer
41.6.3 Where the Employer has arranged for an Employee to be flown to a site,
then the following will apply:
41.6.4 The Employer will reimburse the Employee for out of pocket expenses
which may include
• Taxis fare from Employee's residence to airport
• Excess luggage If and when tools of the trade need to be taken with
Employee
• Taxi fare from airport to work site or place of accommodation
41. 7 Return journey from site or distant town to usual place of residence
41. 7.1 The Employer shall reimburse the employee for any out of pocket
expenses Incurred whilst travelling from site or distant town to the employee's
usual place of residence whilst using the employees own personal vehicle on
the basis of the employee providing receipts for the following:
• Fuel
• Meals (excluding alcohol, up to $20.00 per day)
• Accommodation
41. 7 .2 Vehicle maintenance and general repairs of the Employee's private
vehicle will not be covered by the Employer.
Page J 29
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 41.3 If an Employee is absent without the employer's approval on any day, the allowance will not be payable for that day. 41.4 The Employer may deduct the "Travelling to site or distant town" expense as covered under clause 39.6.1 from the Employee who terminates or discontinued employment within (2) two weeks of commencing on the distant project or workplace and who does not promptly return to the employees place of engagement. 41.5 The Employer will always have the right to provide the board and lodging. 41.6 Traveling to site or distant town greater than 200km from Office Headquarters. 41.6.1 The Employer shall reimburse the Employee for any out of pocket expenses incurred whilst travelling from the Employee's usual place of residence using the Employees own personal vehicle on the basis of the employee providing receipts for the following: . Fuel Meals (excluding alcohol, up to $20.00 per day) . Accommodation 41.6.2 Vehicle maintenance and general repairs of the Employee's private vehicle will not be covered by the Employer 41.6.3 Where the Employer has arranged for an Employee to be flown to a site, then the following will apply: 41.6.4 The Employer will reimburse the Employee for out of pocket expenses which may include . Taxis fare from Employee's residence to airport . Excess luggage if and when tools of the trade need to be taken with Employee . Taxi fare from airport to work site or place of accommodation 41.7 Return journey from site or distant town to usual place of residence 41.7.1 The Employer shall reimburse the employee for any out of pocket expenses incurred whilst travelling from site or distant town to the employee's usual place of residence whilst using the employees own personal vehicle on the basis of the employee providing receipts for the following: Fuel . Meals (excluding alcohol, up to $20.00 per day) . . . Accommodation 41.7.2 Vehicle maintenance and general repairs of the Employee's private vehicle will not be covered by the Employer. Page | 29
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
41. 7.3 Where the Employer has arranged for an Employee to be flown home
from a site or a distant town then the following will apply:
41. 7 .4 The Employer will reimburse the Employee for out of pocket expenses
which may Include
• Taxi fare from Employee's residence to airport
• Excess luggage If and when tools of trade need to be taken with Employee
• Taxi fare from airport to work site or place of accommodation
41.8 Accommodation meals
41.8.1 For those Employees whom have travelled to a distance workplace, the
Employer shall provide the Employee with reasonable board and lodging. The
following shall apply with the various options that could be available to
Employees
41.9 Shared Residential Accommodation - Supplied by Employer
41.9.1 Where the Employer provides a residential style accommodation, the
following wlll apply but not limited to;
41.9.2 The Employer will:
• Pay the bond where applicable
• Pay weekly rent or lease agreement/Pay outgoings (power, gas, water)
• Furnish the residence if and where applicable
• Inspect the residence on a regular basis
• Reimburse the Employee $20.00 for meals per day worked, only after a
minimum of6 hours of work has been perform on site per day.
41.9.3 The Employer will not be responsible for
• Personal Injury as a result of using the accommodation provided by the
Employer
• Loss and expenses uncured including theft or damage to personal
belongings as a result of using the accommodation provided by the
Employer
• Any damage caused to the residence where the Employee may be residing
41.9.4 The Employee will be responsible for
• Keeping the residence In a clean and tide state
• Maintain the external area of the residence
• Suppling their own linen
• Own meals (if applicable)
• Any other conditions that may be a requirement of the owners of the
residence that is being leased or rented from
41.10 Accommodation / All Meals - Supplied by Employee
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AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 41.7.3 Where the Employer has arranged for an Employee to be flown home from a site or a distant town then the following will apply: 41.7.4 The Employer will reimburse the Employee for out of pocket expenses which may include . Taxi fare from Employee's residence to airport . Excess luggage if and when tools of trade need to be taken with Employee . Taxi fare from airport to work site or place of accommodation 41.8 Accommodation meals 41.8.1 For those Employees whom have travelled to a distance workplace, the Employer shall provide the Employee with reasonable board and lodging. The following shall apply with the various options that could be available to Employees 41.9 Shared Residential Accommodation - Supplied by Employer 41.9.1 Where the Employer provides a residential style accommodation, the following will apply but not limited to; 41.9.2 The Employer will: Pay the bond where applicable . Pay weekly rent or lease agreement/Pay outgoings (power, gas, water) . Furnish the residence if and where applicable . Inspect the residence on a regular basis . Reimburse the Employee $20.00 for meals per day worked, only after a minimum of 6 hours of work has been perform on site per day. 41.9.3 The Employer will not be responsible for Personal injury as a result of using the accommodation provided by the Employer Loss and expenses uncured including theft or damage to personal belongings as a result of using the accommodation provided by the Employer Any damage caused to the residence where the Employee may be residing 41.9.4 The Employee will be responsible for . Keeping the residence in a clean and tide state . Maintain the external area of the residence . Suppling their own linen Own meals (if applicable) . Any other conditions that may be a requirement of the owners of the residence that is being leased or rented from 41.10 Accommodation / All Meals - Supplied by Employee Page | 30
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41.10.1 Where an Employee whom does not reside within the town or district
where the employer has engaged the Employee for employment and that
Employee has or can provide his or own accommodation and all meals, then
the following may apply;
41.10.2 The Employee shall provide a signed and dated declaration that provides
the following information
• Employees name
• Anticipated commencement date at the proposed work location
• Return to home date (If known)
• Address of usual place of residence
• The nature of the usual place of residence
• State the address at which you will reside while away from home or your
usual place of residence.
41.10.3 An allowance to cover the Employee will be paid per day, (Monday to
Saturday) once a minimum of 6 hours work has been performed per working
day. The employer and Employee shall agree the daily amount for
accommodation and meals depending on the town, district and/or work
location. Any variation to this clause will be covered under Clause 27, The
'Flexibility Term'.
41.10.4 For the purpose of clause 41.10.3, the minimum allowance wlll be $80.00
per working day.
41.11 Construction Camp Caravan and Camp Park Accommodation
41, 11.1 The Employer will arrange to pay accommodation and meals In this
situation where possible in a construction camp, caravan or camp park
accommodation. Some of these accommodation facilities may have ensulte
facilities or shared amenities,
41. 11.2 The Employer may In some cases be required to provide their own linen
41.11.3 Should the above faclfltles only provide accommodation then the
employer will either find a suitable location for the Employee to have meals
provided: or
41.11.4 Pay to the Employee an amount of $20.00 per day worked only where a
minim of 6 hours of work has been perfonned on site per day, to compensate
for meals. It wm be the responsibility of the Employee to make his or her own
arrangements for those meals.
41.12 Weekend Return Home
41.12.1 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
Page I 31
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 41.10.1 Where an Employee whom does not reside within the town or district where the employer has engaged the Employee for employment and that Employee has or can provide his or own accommodation and all meals, then the following may apply; 41.10.2 The Employee shall provide a signed and dated declaration that provides the following information Employees name . Anticipated commencement date at the proposed work location Return to home date (if known) Address of usual place of residence The nature of the usual place of residence . State the address at which you will reside while away from home or your usual place of residence. 41.10.3 An allowance to cover the Employee will be paid per day, (Monday to Saturday) once a minimum of 6 hours work has been performed per working day. The employer and Employee shall agree the daily amount for accommodation and meals depending on the town, district and/or work location. Any variation to this clause will be covered under Clause 27, The 'Flexibility Term'. 41.10.4 For the purpose of clause 41.10.3, the minimum allowance will be $80.00 per working day. 41.11 Construction Camp Caravan and Camp Park Accommodation 41.11.1 The Employer will arrange to pay accommodation and meals in this situation where possible in a construction camp, caravan or camp park accommodation. Some of these accommodation facilities may have ensuite facilities or shared amenities, 41.11.2 The Employer may in some cases be required to provide their own linen 41.11.3 Should the above facilities only provide accommodation then the employer will either find a suitable location for the Employee to have meals provided: or 41.11.4 Pay to the Employee an amount of $20.00 per day worked only where a minim of 6 hours of work has been performed on site per day, to compensate for meals. It will be the responsibility of the Employee to make his or her own arrangements for those meals. 41.12 Weekend Return Home 41.12.1 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 Page | 31
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
the Employer or their supervisor, no later than Wednesday of each week, of
their Intention to return to their usual place of residence at the weekend and
who returns to their usual place of residence at the weekend, can do so at
their own expense.
41.13 Rest and Recreation
41.13.1 The Employer and the Employee may agree to a rest and recreation
period, on a project by project basis and/or based on location and duration of
a project. This will be covered under Clause 27, 'The Flexibility Term
42. STRUCTURED VOCATION TRAINING
42.1 The parties to this Agreement recognise that the apprenticeship system of structured
vocatlonal training that operates within the Plumbing, Mechanical Services and
Medical Gas Industry has been Integral to the efficiency and productivity of that
Industry
42.2 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:
42.2.1 Working co-operatively in facllltatlng the transition from the existing
apprenticeship arrangements to the Australian Vocational Training system,
which leads directly to an outcome of Cert 3 ; and
42.2.2 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
42.3 To facllltate ongoing structured vocational training the Employer will pay an
organisation approved by the CEPU:
42.3.1 From 1 April 2022 - $30.20 per week per Employee Including apprentices
covered by this agreement
43. EMPLOYEE REPRESENTATIVE RIGHTS
43.1 Where an Employee has been elected as an Employee Representative, the
Employer recognises that he Employee Representative has following rights:
43.1.1 The right to be treated fairiy and to perform their role without any
discrimination in their Employment.
Page I 32
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 the Employer or their supervisor, no later than Wednesday of each week, of their Intention to return to their usual place of residence at the weekend and who returns to their usual place of residence at the weekend, can do so at their own expense. 41.13 Rest and Recreation 41.13.1 The Employer and the Employee may agree to a rest and recreation period, on a project by project basis and/or based on location and duration of a project. This will be covered under Clause 27, 'The Flexibility Term 42. STRUCTURED VOCATION TRAINING 42.1 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 42.2 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: 42.2.1 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 42.2.2 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 42.3 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the CEPU: 42.3.1 From 1 April 2022 - $30.20 per week per Employee including apprentices covered by this agreement 43. EMPLOYEE REPRESENTATIVE RIGHTS 43.1 Where an Employee has been elected as an Employee Representative, the Employer recognises that he Employee Representative has following rights: 43.1.1 The right to be treated fairly and to perform their role without any discrimination in their Employment. Page | 32
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
43.1.2 The right to represent the Interests of an Employee when requested by
the Employee In relation to a workplace grievance, workplace dispute or
workplace discussion concerning the Employee.
43.1.3 The right to place information related to permitted matters for example
(superannuation flyers, Industry partner Information and health and safety
information) on a notice board In a prominent location in the workplace
providing that the material must not breach freedom of association, privacy
and other applicable laws; and
43.1.4 The right to time off with pay to attend Industrial tribunals to represent an
Employee (which may Include themselves) In relation to a dispute under
clause 43.1.2 of this Agreement
43.1.5 The right to paid 1ime to assist and represent Employees when requested
by the Employee, In relation to a workplace grievance, dispute or discussion
concerning the Employee. And
43.1.6 Prior to The Company making a decision to terminate or transfer an
Employee Representative, the Company shall notify the Employee
Representative two weeks In advance of such termination or transfer.
Payment In lieu of notice may be made by agreement.
44. TRAINING
44.1 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.
44.2 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.
APPENDIX A- WAGES AND ALLOWANCES
Page I 33
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 43.1.2 The right to represent the interests of an Employee when requested by the Employee In relation to a workplace grievance, workplace dispute or workplace discussion concerning the Employee. 43.1.3 The right to place information related to permitted matters for example (superannuation flyers, Industry partner information and health and safety information) on a notice board In a prominent location in the workplace providing that the material must not breach freedom of association, privacy and other applicable laws; and 43.1.4 The right to time off with pay to attend industrial tribunals to represent an Employee (which may include themselves) In relation to a dispute under clause 43.1.2 of this Agreement 43.1.5 The right to paid time to assist and represent Employees when requested by the Employee, in relation to a workplace grievance, dispute or discussion concerning the Employee. And 43.1.6 Prior to The Company making a decision to terminate or transfer an Employee Representative, the Company shall notify the Employee Representative two weeks in advance of such termination or transfer. Payment in lieu of notice may be made by agreement. 44. TRAINING 44.1 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. 44.2 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. APPENDIX A - WAGES AND ALLOWANCES Page | 33
AXIS MAINTENANCE SERVICES PTY LTD AG REEM ENT - 2021-2024
WAGES AND ALLOWANCES SCHEDULE
Registration allowance, plumbing trade allowance, industry allowance and tool allowance
are included in the hourly rates below.
A1.1 Wages
A1.1.1 The rates belowwlll apply from the first pay period commencing 161 April 2021
A 1.1.2 The rates below will apply from the first pay period commencing on or after 151 April
2022
A 1.1.3 The rates below will apply from the first pay period commencing on or after 161 April
2023
A 1.2 Apprentice Wage Rates
A 1.2.1 The below rates will apply from the first pay period commencing 161 April 2021
Travel 10.90 10.90 10.90 10.90 10.90 10.90 10.90 10.90
/d
A1.2.2 The rates below will apply from the first pay period commencing on or after 181 April
2022
r, · .. -' · .. :: ·_:·:· · .,:: _ ·-+1~~-Yaai{_'. .l:2P-~.Y.§ar.Y)':srft·Y.e.aF-:,;f 4111~~iffif;~J
Page I 34
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 WAGES AND ALLOWANCES SCHEDULE Registration allowance, plumbing trade allowance, industry allowance and tool allowance are included in the hourly rates below. A1.1 Wages A1.1.1 The rates below will apply from the first pay period commencing 1st April 2021 Plumber : Labourer Hourly Rate 37.60 37.60 28.60 Travel (per day) 10.90 10.90 10.90 .: Redundancy A1.1.2 The rates below will apply from the first pay period commencing on or after 1st April 2022 Hourly Rate 38.40 29.20 Travel (per day) 11.10 11.10 Redundancy = is A1.1.3 The rates below will apply from the first pay period commencing on or after 161 April 2023 Labourer Hourly Rate 39.16 29.80 Travel (per day) 11.30 11.30 Redundancy : 4 32221 A1.2 Apprentice Wage Rates A1.2.1 The below rates will apply from the first pay period commencing 1st April 2021 Year Current Year Current Year: Current "Year |current Hourly Rate 14,60 14.60 21.10 21.10 27.20 27.20 33.70 33,70 Travel 10.90 10.90 10.90 10.90 10.90 10.90 10.90 10.90 (p/d) A1.2.2 The rates below will apply from the first pay period commencing on or after 1ªt April 2022 Year: 20 Years 3 Years 4 Years Page | 34
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT- 2021~2024
14.90 21.95 27.75 34.30
11.10 11.10 11.10 11.10
A 1.2.3 The rates below wlll apply from the first pay period commencing on or after 1st Aprll
2023
A 1.3 Mature Aged Apprentice Wage Rates
A1.3.1 The below rates wlll apply from the first pay period commencing 1st April 2021
·: ····.=;.: .··.: · ;.- ... : ... :,,:•:,·· ;f!-stY-ear·· • ,im, Yeai"J atttYea;,;, .. •';4'1rt-¥sarJ'
Hourlv Rate 21.73 21.73 27.75 34.40
Travel (per day) 10.90 10.90 10.90 10.90
A 1.3.2 The rates below will apply from the first pay period commencing on or after 161 April
2022
;\\ ;: .. ::;•::r:: .. ::J1~•-;~·~:·J,1~'=¥•ali.-:f {2~Year:r" ;ati!Yetfr: ;:: =-=~~=,Year/'
HourlvRate 21.73 22.67 28.30 35.10
Travelloerdav) 11.10 11.10 11.10 11.10
A1.3.3 The rates below will apply from the first pay period commencing on or after 1st April
2023.
The allowances below will apply from the first pay period commencing from
lodgement of this
Agreement
A2 WELDING ALLOWANCE
An Employee who is requested by the enterprise to hold the relevant qualifications
for pressure oxyacetylene or electric welding, either manual or machine welding,
and Is required by the enterprise to act on such qualfficatlons, shall be paid an
additional $1, 15 per hour for the first certificate and an extra $0.40 for the second
certificate. Welding which Is normally part of the trade requirement (Soft Soldering,
Brazing and Sliver Soldering) is not covered by this clause
Page I 35
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 Hourly Rate 14.90 Travel (per day) 11.10 21.95 27.75 34.30 11.10 11.10 11.10 A1.2.3 The rates below will apply from the first pay period commencing on or after 181 April 2023 Hourly Rate 15.20 22.40 28.30 35.10 Travel (per day) 11.30 11.30 11.30 11.30 A1.3 Mature Aged Apprentice Wage Rates --- A1.3.1 The below rates will apply from the first pay period commencing 1ª1 April 2021 Hourly Rate 21.73 21.73 27.75 34.40 Travel (per day) 10.90 10.90 10.90 10,90 A1.3.2 The rates below will apply from the first pay period commencing on or after 1st April 2022 TA Year|2nd Year 34 Year | 4th Year Hourly Rate 21.73 22.57 28.30 35.10 Travel (per day) 11.10 11.10 11.10 11.10 A1.3.3 The rates below will apply from the first pay period commencing on or after 1ªt April 2023. Hourly Rate 21.73 23.41 28.87 35.80 Travel (per day) 11.30 11.30 11.30 11.30 The allowances below will apply from the first pay period commencing from lodgement of this Agreement A2 WELDING ALLOWANCE An Employee who is requested by the enterprise to hold the relevant qualifications for pressure oxyacetylene or electric welding, either manual or machine welding, and is required by the enterprise to act on such qualifications, shall be paid an additional $1.15 per hour for the first certificate and an extra $0.40 for the second certificate. Welding which is normally part of the trade requirement (Soft Soldering, Brazing and Silver Soldering) is not covered by this clause Page | 35
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT- 2021-2024
A3 FIRSTAID
An Employee if requested by the Employer to hold a first aid qualification as Is
appointed by the enterprise to carry out first aid duties In addition to their usual.
duties will be paid an additional rate of $2.30 per day.
APPENDIX B - TOOLS
Page I 36
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 A3 FIRST AID An Employee if requested by the Employer to hold a first aid qualification as is appointed by the enterprise to carry out first ald dutles in addition to their usual. duties will be paid an additional rate of $2.30 per day. APPENDIX B - TOOLS Page | 36
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT- 2021-2024
An Employee employed by Axis Maintenance Services Pty Ltd will be required to have available
any time those tools specified below as are necessary for the proper performance of the work or
the job being carried out by him/her.
1 Pair 225mm Footprints
1 Pair 250mm Stlllsons
1 Pair 450mm Stlllsons
1 Pair 250mm Vice Grips
1 Pair 200mm Combination Pliers
1 Pair 225mm Multfgrips
1 Pair 200mm Pincers
1 Pair 300mm Straight Snips
1 Pair 175mm Cu,ved Snips
1 Pair Left Hand Swiss Snips
1 Pair Pop Rivet Pliers
1 Pair 200mm Dividers
1 Pair 15mm Copper Tube Benders
1 Pair 20mm Copper Tube Benders
1 Set Allen Keys 1mm-10 mm
1 Set Tube Expanders 12mm - 25mm
1 Set Rachet Socket Wrench 6mm - 25mm
Or
1 Set Open End/ring Spanners 6mm -
16mm
1 Screw Driver 200mm Phillips
1 Screw Driver 150mm Phlllips
1 Screw Driver 300mm Slotted
1 Screw Driver 200mm Slotted
1 Screw Driver150mm Slotted
1 Cross Pein Hammer
1 Ball Pein Hammer
1 Claw Hammer
1 Trap or Spud Wrench
1 Lump Hammer/ Gympie Hammer
1 Bevel Square 250mm
1 Set Square 300mm
1 Line Level
1Spirit Level 600mm or 1000mm
1 Brickles String Line
1 Plumbob
1 25mm Wood Chisel
1 Flaring Block
1 Gas Testing Manometer
1 Inspection Mirror
1 150mm Crescent Shifting Spanner
2 300mm Crescent Shifting Spanner
1 250mm Rasp & Handle
1 250mm Half Round FIia & Handle
SIGNATORY PAGE
1 Tapered Bent Pin
1 Trowel
1 Basin Spanner
1 Centre Punch
1 Prick Punch
1 Nail Bag
1 Tool Box or Carry All or Equivalent
(with padlock)
1 Plugging Chisel
1 13mm Cold Chisel
1 25mm Cold Chisel
1 Stanley Knife
1 Flint Gun
1 Oxy Key
1 Mastic Gun
1 Torch
1 8 Metre Measuring Tape
1 Hand Wood Saw 660mm
1 Wire Cutters
1 wire Brush
1 Battery Drill with Battery and Charger
1 Shovel
1 Hacksaw
1 Junior Hacksaw
1Tube Cutter 3mm - 32mm
Page) 37
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 An Employee employed by Axis Maintenance Services Pty Ltd will be required to have available any time those tools specified below as are necessary for the proper performance of the work or the job being carried out by him/her. 1 Pair 225mm Footprints 1 Pair 250mm Stillsons 1 Pair 450mm Stillsons 1 Tapered Bent Pin 1 Pair 250mm Vice Grips 1 Pair 200mm Combination Pliers 1 Trowel 1 Basin Spanner 1 Pair 225mm Multigrips 1 Centre Punch 1 Pair 200mm Pincers 1 Prick Punch 1 Pair 300mm Straight Snips 1 Nail Bag 1 Pair 175mm Curved Snips 1 Tool Box or Carry All or Equivalent (with padlock) 1 Pair Left Hand Swiss Snips 1 Plugging Chisel 1 Pair Pop Rivet Pliers 1 13mm Cold Chisel 1 Pair 200mm Dividers 1 Pair 15mm Copper Tube Benders 1 25mm Cold Chisel 1 Stanley Knife 1 Pair 20mm Copper Tube Benders 1 Set Allen Keys 1mm - 10 mm 1 Flint Gun 1 Set Tube Expanders 12mm - 25mm 1 Oxy Key 1 Set Rachet Socket Wrench 6mm - 25mm 1 Mastic Gun Or 1 Torch 1 Set Open End/ring Spanners 6mm - 1 8 Metre Measuring Tape 16mm 1 Screw Driver 200mm Phillips 1 Hand Wood Saw 660mm 1 Screw Driver 150mm Phillips 1 Wire Cutters I Screw Driver 300mm Slotted 1 wire Brush 1 Screw Driver 200mm Slotted 1 Battery Drill with Battery and Charger 1 Screw Driver150mm Slotted 1 Shovel 1 Cross Pein Hammer 1 Ball Pein Hammer 1 Hacksaw 1 Claw Hammer 1Junior Hacksaw 1 Trap or Spud Wrench 1Tube Cutter 3mm - 32mm 1 Lump Hammer / Gympie Hammer 1 Bevel Square 250mm 1 Set Square 300mm 1 Line Level 1Spirit Level 600mm or 1000mm 1 Brickies String Line 1 Plumbob 1 25mm Wood Chisel 1 Flaring Block 1 Gas Testing Manometer 1 Inspection Mirror 1 150mm Crescent Shifting Spanner 2 300mm Crescent Shifting Spanner 1 250mm Rasp & Handle 1 250mm Half Round File & Handle SIGNATORY PAGE Page | 37
AXIS MAINTENANCE SERVICES PlY LTD AGREEMENT-2021-2024
r c I o.z/w2- i
Signature Date
Name: C1/-e?m /Yo/'tC-;--J/
Position: So/e ~/~,..-.
ABN: -;J;{ /ti,?' /7-f? 730
Company address: 5 ,A/d?Sc:vv ,/fi/~,?,Jd"°/~,t;f?S'r~ /0"~ 2-t?t'r
Company telephone: c:?.2-- '?708" 566 6,
WITNESS
Name: .,3,...q.so/\-/ ~~ ....
Sfgnature:
Page j 38
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 SIGNATORY PAGE/ For and on behalf of Axis Maintenance Services Pty Ltd 16/07/2021 Signature Date Name: Clem Morfuni Position: Sole Director. ABN: 38 168 124 730 Company address: 5 NELSON AVENUE, PAPSTON MSN 2211 Company telephone: 02 9708 5666. WITNESS Name: JASON WAGG Signature: 5 Page | 38
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT- 2021-2024
For and on behalf of CEPU Plumbing Division
Signature
Name: frf ~()
Position: s, II i{e
Address; 6"1-o f I/ II I W1 t. €--vcD '1 Sf
Phone: 02. C, "bf O 3 Cf-I I
WITNESS
Name: Co/) -f s 1 £J UO U (.,4--$
Signature: ~ .
/6/p7(21JZ/
'
Date
Page I 39
AXIS MAINTENANCE SERVICES PTY LTD AGREEMENT - 2021-2024 For and on behalf of CEPU Plumbing Division 20. 16/07/2021 ... Signature Date Name: THEO SAMART ZOPOUCOS Position: STATE SECRETARY Address; Shop I/III MCEVOY ST. ALEXANDRIA Phone: 02 9310 3411 WITNESS Name: COR TSIAMOUCAS Signature: Page | 39
Model consultation term Schedule 2.3
Fair Work Regulations 2009 115
Schedule 2.3—Model consultation term
(regulation 2.09)
Model consultation term
(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
(2) For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the
decision to introduce the major change; and
(b) subclauses (3) to (9) apply.
(3) The relevant employees may appoint a representative for the
purposes of the procedures in this term.
(4) 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.
(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
Federal Register of Legislative Instruments F2014C00008
Schedule 2.3 Model consultation term
116 Fair Work Regulations 2009
(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.
(6) However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees.
(7) The employer must give prompt and genuine consideration to
matters raised about the major change by the relevant employees.
(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 (2)(a) and subclauses (3) and (5) are taken not to
apply.
(9) In this term, a major change is likely to have a significant effect on
employees if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the
employer’s workforce or to the skills required of employees;
or
(c) the elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
(10) For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the
proposed change; and
(b) subclauses (11) to (15) apply.
(11) The relevant employees may appoint a representative for the
purposes of the procedures in this term.
Federal Register of Legislative Instruments F2014C00008
Model consultation term Schedule 2.3
Fair Work Regulations 2009 117
(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.
(13) As soon as practicable after proposing to introduce the change, the
employer must:
(a) discuss with the relevant employees the introduction of the
change; and
(b) for the purposes of the discussion—provide to the relevant
employees:
(i) all relevant information about the change, including the
nature of the change; and
(ii) information about what the employer reasonably
believes will be the effects of the change on the
employees; and
(iii) information about any other matters that the employer
reasonably believes are likely to affect the employees;
and
(c) invite the relevant employees to give their views about the
impact of the change (including any impact in relation to
their family or caring responsibilities).
(14) However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees.
(15) The employer must give prompt and genuine consideration to
matters raised about the change by the relevant employees.
(16) In this term:
relevant employees means the employees who may be affected by
a change referred to in subclause (1).
Federal Register of Legislative Instruments F2014C00008
Model flexibility term Schedule 2.2
Fair Work Regulations 2009 113
Schedule 2.2—Model flexibility term
(regulation 2.08)
Model flexibility term
(1) An employer and employee covered by this enterprise agreement
may agree to make an individual flexibility arrangement to vary the
effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and
employee in relation to 1 or more of the matters mentioned in
paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and
employee.
(2) The employer must ensure that the terms of the individual
flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair
Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work
Act 2009; and
(c) result in the employee being better off overall than the
employee would be if no arrangement was made.
(3) The employer must ensure that the individual flexibility
arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee
is under 18 years of age, signed by a parent or guardian of
the employee; and
(d) includes details of:
Federal Register of Legislative Instruments F2014C00008
Schedule 2.2 Model flexibility term
114 Fair Work Regulations 2009
(i) the terms of the enterprise agreement that will be varied
by the arrangement; and
(ii) how the arrangement will vary the effect of the terms;
and
(iii) how the employee will be better off overall in relation to
the terms and conditions of his or her employment as a
result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
(5) The employer or employee may terminate the individual flexibility
arrangement:
(a) by giving no more than 28 days written notice to the other
party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.
Federal Register of Legislative Instruments F2014C00008