1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2021/377)
TANK SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW
BRANCH TANK INSTALLATION ENTERPRISE AGREEMENT 2021-
2024
Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN MELBOURNE, 3 MARCH 2021
Application for approval of the Tank Services Pty Ltd & CEPU Plumbing Division - NSW
Branch Tank Installation Enterprise Agreement 2021-2024.
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia (CEPU) has made an application for approval of an
enterprise agreement known as the Tank Services Pty Ltd & CEPU Plumbing Division - NSW
Branch Tank Installation Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185
of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying
declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant
to this application for approval has been met.
[3] The CEPU, 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)
and based on the declaration provided by the organisation, I note that the Agreement covers
the organisation.
[4] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will
operate from 10 March 2021. The nominal expiry date of the Agreement is 30 September
2023.
DEPUTY PRESIDENT
[2021] FWCA 1164
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
THE SEAL OF THE F NOISSI
[2021] FWCA 1164
2
Printed by authority of the Commonwealth Government Printer
AE510638 PR727478
TANK SERVICES PTY LTD & CEPU
PLUMBING DIVISION - NSW BRANCH TANK
INSTALLATION ENTERPRISE AGREEMENT
2020-2024
For
ACT,
SYDNEY,
WOLLONGONG,
CENTRAL COAST,
& NSW COUNTRY AREAS
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TRADES UNION PLUMBING ALIA TANK SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH TANK INSTALLATION ENTERPRISE AGREEMENT 2020-2024 For ACT, SYDNEY, WOLLONGONG, CENTRAL COAST, & NSW COUNTRY AREAS 1
Clause No Name Page No
1 Title 4
2 Parties and Persons Bound 4
3 Objectives 5
4 Commitments 5
5 Lodqement and Period of Operation 6
6 Relationship to Other Instruments 7
7 Definitions 7
8 Types of Employment 9
9 Employer and Employee Duties 10
10 Consultative Mechanisms 11
11 Trade Union riqhts and Representation 11
12 Payment of Waqes 13
13 Apprentices 14
14 Travel Allowance 14
15 Site Allowance 17
16 Other Allowances 19
17 Livinq Away from Home - Distant Work 19
18 Superannuation 22
19 Termination of Employment 24
20 Redundancy Scheme 24
21 Statutory Matters Covered by State leqislation 28
22
Top-Up Workers Compensation/ 24 Hour Accident
28
Cover & Sickness
23 Ordinary Hours of Work 28
24 Work Breaks 32
25 Overtime 32
26 Weekend Work 33
27 Niqht Shift 35
28 Public Holidays and Holiday Work 36
29 Annual Leave 38
30 Personal Leave 40
31 Compassionate Leave 41
32 Parental Leave 42
33 Work Health & Safety & Disputes Settlinq Procedure 42
34 Inclement Weather 43
35 Protective Clothinq 46
36 Compensation For Tools And Clothinq 46
37 Presentinq For Work But Not Required 47
38 Leave To Deal With Family And Domestic Violence 47
39 Dispute Settlement Procedures 50
40 Anti-Discrimination 53
41 Posting of Aqreement 53
42 Workplace Flexibility 53
43 Model Consultation Clause 54
44 Sham Contractinq 56
45 Code Compliance / Severability 58
46 Heat Policy 58
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Clause No Name Page No 1 Title 4 2 Parties and Persons Bound 4 3 Objectives 5 4 Commitments 5 5 Lodgement and Period of Operation 6 6 Relationship to Other Instruments 7 7 Definitions 7 8 Types of Employment 9 9 Employer and Employee Duties 10 10 Consultative Mechanisms 11 11 Trade Union rights and Representation 11 12 Payment of Wages 13 13 Apprentices 14 14 Travel Allowance 14 15 Site Allowance 17 16 Other Allowances 19 17 Living Away from Home - Distant Work 19 18 Superannuation 22 19 Termination of Employment 24 20 Redundancy Scheme 24 21 Statutory Matters Covered by State legislation 28 22 Top-Up Workers Compensation / 24 Hour Accident Cover & Sickness 28 23 Ordinary Hours of Work 28 24 Work Breaks 32 25 Overtime 32 26 Weekend Work 33 27 Night Shift 35 28 Public Holidays and Holiday Work 36 29 Annual Leave 38 30 Personal Leave 40 31 Compassionate Leave 41 32 Parental Leave 42 33 Work Health & Safety & Disputes Settling Procedure 42 34 Inclement Weather 43 35 Protective Clothing 46 36 Compensation For Tools And Clothing 46 37 Presenting For Work But Not Required 47 38 Leave To Deal With Family And Domestic Violence 47 39 Dispute Settlement Procedures 50 40 Anti-Discrimination 53 41 Posting of Agreement 53 42 Workplace Flexibility 53 43 Model Consultation Clause 54 44 Sham Contracting 56 45 Code Compliance / Severability 58 46 Heat Policy 58 2
47 Druq and Alcohol Policy 61
48 Jury Service And Make Up Pav 66
49 Structured Vocational Traininq 66
50 Asbestos Awareness Traininq 67
51 Increases to Wages - Productivity Gains 67
52 Regional Projects 67
Classification Structure 68-82
Appendix 1 Rates of Pay- Tank Installers 83-86
Appendix 2 Rates of Pay - Indentured Apprentices 87-88
Appendix 3 Rates of Pay - Trainee Apprentices 89-90
Appendix 4 Rates of Pav - Adult Apprentices 91-92
Appendix5 List of T cols 93
Appendix 6 RDO Calendar's 94-97
SIGNATORY PAGE 98
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47 Drug and Alcohol Policy 61 48 Jury Service And Make Up Pay 66 49 Structured Vocational Training 66 50 Asbestos Awareness Training 67 51 Increases to Wages - Productivity Gains 67 52 Regional Projects 67 Classification Structure 68-82 Appendix 1 Rates of Pay - Tank Installers 83-86 Appendix 2 Rates of Pay - Indentured Apprentices 87-88 Appendix 3 Rates of Pay - Trainee Apprentices 89-90 Appendix 4 Rates of Pay - Adult Apprentices 91-92 Appendix5 List of Tools 93 Appendix 6 RDO Calendar's 94-97 SIGNATORY PAGE 98 3
1- TITLE
This Agreement shall be known as the Tank Services Pty Ltd & CEPU
Plumbing Division - NSW Branch Tank Installation Enterprise Agreement
2021-2024.
2. PARTIES AND PERSONS BOUND
2.1 This Agreement shall cover: -
2.1.1 Tank Services Pty Ltd, the (employer) in respect of employees engaged in
the industry of the occupations, businesses or employers of, plumber's
labourers And Tank Installation (employees) engaged on site or in
construction work; and
2.2 employees employed by the employer in New South Wales who are
engaged in the industry of the occupations, businesses or employers Tank
Installation and plumber's labourers, engaged on site or in construction
work who are employed or usually employed in the plumbing industry in
executing any plumbing, gas fitting, pipe fitting or domestic engineering
work, whether prefabricated or not, or who execute any work in or in
connection with:-
2.2.1 sheet lead, galvanised iron or other classes of sheet metal or any other
materials which supersede the materials usually fixed by Tank Installers;
2.4 the Communications Electrical Electronic Energy Information Postal
Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On
the condition that the union has given notice under Section 183 of the Fair
Work Act 2009 (C'th)(FW Act) that it wants the Agreement to cover it and
in accordance with Section 201 (2) of the FW Act, the Fair Work
Commission (FWC) has noted that the Agreement covers the union.
2.5 The terms of this agreement will not apply to:-
2.5.1 The employment of sprinkler fitters by an employer covered by the
Plumbing and Fire Sprinklers Award 2010 (PFS Award); and/ or
2.5.2 To employees principally engaged in installing automatic fire protection
systems; and / or
2.5.3 Employees of the employer employed full-time in the service and
maintenance operations, and / or
2.5.4 Employees employed full-time as a project manager, an estimator or in
drafting;
3. OBJECTIVES
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1. TITLE This Agreement shall be known as the Tank Services Pty Ltd & CEPU Plumbing Division - NSW Branch Tank Installation Enterprise Agreement 2021-2024. 2. PARTIES AND PERSONS BOUND 2.1 This Agreement shall cover: - 2.1.1 Tank Services Pty Ltd, the (employer) in respect of employees engaged in the industry of the occupations, businesses or employers of, plumber's labourers And Tank Installation (employees) engaged on site or in construction work; and 2.2 employees employed by the employer in New South Wales who are engaged in the industry of the occupations, businesses or employers Tank Installation and plumber's labourers, engaged on site or in construction work who are employed or usually employed in the plumbing industry in executing any plumbing, gas fitting, pipe fitting or domestic engineering work, whether prefabricated or not, or who execute any work in or in connection with :- 2.2.1 sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by Tank Installers; 2.4 the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that the union has given notice under Section 183 of the Fair Work Act 2009 (C'th)(FW Act) that it wants the Agreement to cover it and in accordance with Section 201(2) of the FW Act, the Fair Work Commission (FWC) has noted that the Agreement covers the union. 2.5 The terms of this agreement will not apply to :- 2.5.1 The employment of sprinkler fitters by an employer covered by the Plumbing and Fire Sprinklers Award 2010 (PFS Award); and / or 2.5.2 To employees principally engaged in installing automatic fire protection systems; and / or 2.5.3 Employees of the employer employed full-time in the service and maintenance operations, and / or 2.5.4 Employees employed full-time as a project manager, an estimator or in drafting; 3. OBJECTIVES 4
The objectives of this Agreement are to:
3.1 Increase the efficiency of the company by the effective utilisation of the skill
and commitment of the company's employees;
3.2 Improve the living standard, job satisfaction and continuity of the company's
employees by improving Industry standards;
3.3 Create a cooperative and productive Industrial Relations environment;
3.4 Provide workers with more varied, fulfilling and better paid jobs;
3.5 Promote the continued skill formation of workers;
3.6 Maintain a safe and health working environment, free from discrimination,
harassment and all forms of bullying.
3. 7 Establish effective communications between the Company, Union the
Employees and their Consultative Committee to ensure that the workforce
are kept fully informed and have an input into decision making that effects
the work environment and the future employment of workers with the
company.
3.8
4.
Maintain and continue the integrity of trade training through apprenticeships
contract of training.
COMMITMENTS
In order that the objectives of this Agreement are achieved, the parties are
committed to ensuring that:
4.1 The measures contained in this Agreement lead to real gains in productivity.
4.2 A broad approach to productivity is adopted incorporating (but not being
limited to) both management and labour efficiency, quality, training,
maintaining high standards of occupational health and safety, improved
working conditions, environmental concerns, quality of working life issues
and equity issues.
4.3 The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the
company.
4.4 Productivity measures will not be implemented at the expense of health and
safety standards and those standards will be improved.
4.5 The dispute settlement procedures provided for in this agreement are
rigorously applied and enforced.
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The objectives of this Agreement are to: 3.1 Increase the efficiency of the company by the effective utilisation of the skill and commitment of the company's employees; 3.2 Improve the living standard, job satisfaction and continuity of the company's employees by improving Industry standards; 3.3 Create a cooperative and productive Industrial Relations environment; 3.4 Provide workers with more varied, fulfilling and better paid jobs; 3.5 Promote the continued skill formation of workers; 3.6 Maintain a safe and health working environment, free from discrimination, harassment and all forms of bullying. 3.7 Establish effective communications between the Company, Union the Employees and their Consultative Committee to ensure that the workforce are kept fully informed and have an input into decision making that effects the work environment and the future employment of workers with the company. 3.8 Maintain and continue the integrity of trade training through apprenticeships contract of training. 4. COMMITMENTS In order that the objectives of this Agreement are achieved, the parties are committed to ensuring that: 4.1 The measures contained in this Agreement lead to real gains in productivity. 4.2 A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. 4.3 The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the company. 4.4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 4.5 The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. 5
4.6 A free flow of information occurs between the company and employees
concerning all aspects of the construction process.
4. 7 Statutory entitlements, quality of work and proper safety standards will
underpin this agreement.
4.8 Women in the Industry
a) It is recognised that the Plumbing Contracting industry needs to employ
more women and the parties shall discuss means to achieve this during
the life of this Agreement. Measures will be implemented that will
encourage and assist women to seek and maintain employment in the
Plumbing Contracting Industry.
4.9 Suicide Prevention
The parties acknowledge that:
(i) suicide prevention of employees in the construction industry is an
important issue;
(ii) Construction workers are more than twice as likely to suicide than other
people in Australia;
(iii) Construction workers are six times more likely to die by suicide than
through a workplace accident;
(iv) Apprentices in construction are two and a half times more likely to
suicide than other young men their age;
(v) Mental health on construction sites is now accepted as an industry
safety concern;
(vi) Employees can find it difficult to discuss feelings and emotions with
colleagues at work, especially in the construction industry.
(vii) Accordingly, to try and reduce the chance of suicide by an employee,
the Employer agrees to provide training to an appropriate number of
employees in consideration of the size and nature of the workforce
concerned, to recognise potentially suicidal behaviour and to give them
the simple skills needed to intervene and to keep that employee safe
until they can gain professional help. Such training is to be conducted
via an agreed training package/methodology, or an agreed provider
between the Parties, during normal working hours.
(viii) Awareness training providers will be agreed through the Consultative
Committee.
5. LODGEMENT AND DATE OF OPERATION OF THE AGREEMENT
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4.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 4.7 Statutory entitlements, quality of work and proper safety standards will underpin this agreement. 4.8 Women in the Industry a) It is recognised that the Plumbing Contracting industry needs to employ more women and the parties shall discuss means to achieve this during the life of this Agreement. Measures will be implemented that will encourage and assist women to seek and maintain employment in the Plumbing Contracting Industry. 4.9 Suicide Prevention The parties acknowledge that: (i) suicide prevention of employees in the construction industry is an important issue; (ii) Construction workers are more than twice as likely to suicide than other people in Australia; (iii) Construction workers are six times more likely to die by suicide than through a workplace accident; (iv) Apprentices in construction are two and a half times more likely to suicide than other young men their age; (v) Mental health on construction sites is now accepted as an industry safety concern; (vi) Employees can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (vii) Accordingly, to try and reduce the chance of suicide by an employee, the Employer agrees to provide training to an appropriate number of employees in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and to give them the simple skills needed to intervene and to keep that employee safe until they can gain professional help. Such training is to be conducted via an agreed training package/methodology, or an agreed provider between the Parties, during normal working hours. (viii) Awareness training providers will be agreed through the Consultative Committee. 5. LODGEMENT AND DATE OF OPERATION OF THE AGREEMENT 6
5.1 This Agreement shall be lodged in accordance with the Fair Work Act
2009.
5.2 This Agreement shall remain in force until 30 September 2023.
Variation of the Agreement
5.3.1 Should the employer intend to make an application under the FW Act,
seeking to vary the Agreement, the employer shall advise the union (in
writing), of the proposed variation and the union shall be given an
opportunity of meeting with the employees concerned about the
variation.
5.3.2 Such meeting shall take place prior to the employees being requested
to vote (under Section 208 of the FW Act) on the proposed variation.
Termination of the Agreement
5.4.1 Should the employer intend to make an application under the FW Act,
seeking to terminate the Agreement, the employer shall advise the
union (in writing), of the proposed application to terminate the
Agreement and the union shall be given an opportunity of meeting with
the employees concerned about the proposed application for
termination.
5.4.2 Such meeting shall take place prior to the employees being requested
to vote (under Section 219 of the FW Act) on the proposed termination.
5.5 The obligations provided in Clause 3.3 and / 3.4, are conditional upon
the representative of the union (however termed), complying with Part 3
- 4 - Right of Entry under the FW Act.
6 RELATIONSHIP TO OTHER INSTRUMENTS
This agreement wholly replaces the Plumbing and Fire Sprinklers Award
2010, with the exception to when its referenced.
7 DEFINITIONS
GEOGRAPHIC DEFINITIONS
a) Sydney - means within the boundaries of Broken Bay to the North,
Nepean River to the West, Wollondilly to the South West, and
Waterfall to the South. As per Appendix 7
b) ACT - Means the Australian Capital Territory and a 75km radius from the
Canberra GPO
c) Wollongong - means the City of Wollongong and City of Shellharbour
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5.1 This Agreement shall be lodged in accordance with the Fair Work Act 2009. 5.2 This Agreement shall remain in force until 30 September 2023. Variation of the Agreement 5.3.1 Should the employer intend to make an application under the FW Act, seeking to vary the Agreement, the employer shall advise the union (in writing), of the proposed variation and the union shall be given an opportunity of meeting with the employees concerned about the variation. 5.3.2 Such meeting shall take place prior to the employees being requested to vote (under Section 208 of the FW Act) on the proposed variation. Termination of the Agreement 5.4.1 Should the employer intend to make an application under the FW Act, seeking to terminate the Agreement, the employer shall advise the union (in writing), of the proposed application to terminate the Agreement and the union shall be given an opportunity of meeting with the employees concerned about the proposed application for termination. 5.4.2 Such meeting shall take place prior to the employees being requested to vote (under Section 219 of the FW Act) on the proposed termination. 5.5 The obligations provided in Clause 3.3 and / 3.4, are conditional upon the representative of the union (however termed), complying with Part 3 - 4 - Right of Entry under the FW Act. 6 RELATIONSHIP TO OTHER INSTRUMENTS This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010, with the exception to when its referenced. 7 DEFINITIONS GEOGRAPHIC DEFINITIONS a) Sydney - means within the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. As per Appendix 7 b) ACT - Means the Australian Capital Territory and a 75km radius from the Canberra GPO c) Wollongong - means the City of Wollongong and City of Shellharbour 7
d) Central Coast - means the City of Gosford and the Shire of Wyong
e) Newcastle - means the City of Newcastle and Lake Macquarie
f) NSW Country - means all other areas of the State of New South Wales
not covered by the geographic areas set out in (a) to (e) above.
OTHER DEFINITIONS
In this agreement, unless the contrary intention appears:
i. Act means the Fair Work Act 2009 (Cth)
ii. adult apprentice means a person of 21 years of age or over at the time
of entering into an indenture or trainee to a trade specified
iii. agreement-based transitional instrument has the meaning in the Fair
Work (Transitional Provisions and Consequential Amendments) Act
2009 (Cth)
iv. award-based transitional instrument has the meaning in the Fair
Work (Transitional Provisions and Consequential Amendments) Act
2009 (Cth)
v. Code means the Building Code 2016 (Code for the Tendering and
Performance of Building Work 2016), when and is in force from time to
time.
vi. construction work means all work performed under this agreement in
connection with the erection, repair, renovation, maintenance,
ornamentation or demolition of buildings or structures, including the
prefabrication of work performed in plumbing workshops. For the
purpose of this definition maintenance is confined to employees
employed by employers in the building and construction industry.
vii. contractor means any entity which contracts to provide plumbing.
viii. continuous shift worker means an employee engaged to work in a
system of consecutive shifts throughout the 24 hours of each of at least
six consecutive days without interruption (except during breakdown or
meal breaks or due to unavoidable causes beyond the control of the
employer) and who is regularly rostered to work those shifts
ix. employee means national system employee within the meaning of the
Act
x. employer means national system employer within the meaning of the
Act
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d) Central Coast - means the City of Gosford and the Shire of Wyong e) Newcastle - means the City of Newcastle and Lake Macquarie f) NSW Country - means all other areas of the State of New South Wales not covered by the geographic areas set out in (a) to (e) above. OTHER DEFINITIONS In this agreement, unless the contrary intention appears: i. Act means the Fair Work Act 2009 (Cth) ii. adult apprentice means a person of 21 years of age or over at the time of entering into an indenture or trainee to a trade specified iii. agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) iv. award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) V. Code means the Building Code 2016 (Code for the Tendering and Performance of Building Work 2016), when and is in force from time to time. vi. construction work means all work performed under this agreement in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employees employed by employers in the building and construction industry. vii. contractor means any entity which contracts to provide plumbing. viii. continuous shift worker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts ix. employee means national system employee within the meaning of the Act X. employer means national system employer within the meaning of the Act 8
8
8.1
xi. enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009
(Cth)
xii. leading hand means an employee who is given by the employer, or
their agent, the responsibility of directing and/or supervising the work of
other employees, or in the case of only one employee, the specific
responsibility of directing and/or supervising the work of that employee
xiii. NES means the National Employment Standards as contained in
sections 59 to 131 of the Fair Work Act 2009 (Cth)
xiv. on-hire means the on-hire of an employee by their employer to a client,
where such employee works under the general guidance and instruction
of the client or a representative of the client
xv. operator of explosive powered tools means an employee qualified in
accordance with the laws and regulations of the State concerned to
operate explosive powered tools
xvi. Tank Installer's Labourer means an employee primarily engaged in
assisting a Tank Installer
xvii. standard rate means the minimum wage for the Plumbing and
mechanical services tradesperson in Appendix 1.
Where this agreement refers to a condition of employment provided for in
the NES, the NES definition applies.
TYPES OF EMPLOYMENT
Daily Employment
a) Except as provided in 8.2, employment will be daily hire. Any
Employee not specifically engaged as a casual employee will be
deemed to be employed by daily hire.
b) The following provisions will apply to daily hire employees:
(i) One day's notice of termination of employment will be given by
either party or one day's pay must be paid or forfeited;
(ii) Notice given at or before the usual starting time of any ordinary
working day will expire at the completion of that day's work;
(iii) A tradesperson will be allowed one hour prior to termination to
gather, clean, sharpen, pack and transport tools; and
(iv) Nothing in this clause will affect the right of an employer to dismiss
an employee without notice for misconduct or refusing duty.
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xi. enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) xii leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee xiii. NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) xiv on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client XV. operator of explosive powered tools means an employee qualified in accordance with the laws and regulations of the State concerned to operate explosive powered tools xvi Tank Installer's Labourer means an employee primarily engaged in assisting a Tank Installer xvii. standard rate means the minimum wage for the Plumbing and mechanical services tradesperson in Appendix 1. Where this agreement refers to a condition of employment provided for in the NES, the NES definition applies. 8 TYPES OF EMPLOYMENT 8.1 Daily Employment a) Except as provided in 8.2, employment will be daily hire. Any Employee not specifically engaged as a casual employee will be deemed to be employed by daily hire. b) The following provisions will apply to daily hire employees: (i) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; (ii) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; (iii) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and (iv) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. 9
8.2 Casual Employment
A casual Employee will be employed subject to each of the following
terms:
(i) A casual Employee will be engaged for a minimum period of 3
consecutive hours on each occasion.
(ii) A casual Employee for working ordinary time will be paid 125% of the
hourly rate prescribed in Appendix's 1-3, and all relevant allowances,
for each hour so worked. The penalty rate herein prescribed will be
made in lieu of annual leave, public holidays, personal leave,
rostered days off, paid leisure days, parental leave, redundancy,
compassionate leave payments, top-up payments, severance
payments and termination payments prescribed for other Employees
in the Agreement.
(iii) A casual Employee, other than an irregular casual Employee, who
has been engaged by the Employer for a sequence of periods of
employment under this Agreement during a period of six months,
thereafter has the right to elect to have their contract of employment
converted to full-time or part-time employment if the employment is to
continue beyond the conversion process.
(iv) The Employer must give the Employee notice in writing of the
provisions of this clause within four weeks of the Employee having
attained such period of six months. The Employee retains their right
of election under this clause if the Employer fails to comply with this
subclause.
(v) A casual Employee who does not within four weeks of receiving
written notice elect to convert their contract of employment to full-time
employment is deemed to have elected against any such conversion.
(vi) A casual Employee who has a right to elect under clause 8.2(a)iii, on
receiving notice under clause 8.2(a)v or after the expiry of the time for
giving such notice, may give four weeks' notice in writing to the
Employer that they seek to elect to convert their contract of
employment to full-time, and within four weeks of receiving such
notice the Employer must consent to or refuse the election but must
not unreasonably so refuse.
(vii) Following such Agreement being reached, the Employee converts to
full-time employment.
(viii) Once a casual Employee has elected to become and has been
converted to a full-time Employee, the Employee may only revert to
casual employment by written Agreement with the Employer.
(ix) Where, in accordance with clause 8.2(a)vi an Employer refuses an
election to convert, the reasons for doing so must be fully stated to
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8.2 Casual Employment A casual Employee will be employed subject to each of the following terms: (i) A casual Employee will be engaged for a minimum period of 3 consecutive hours on each occasion. (ii) A casual Employee for working ordinary time will be paid 125% of the hourly rate prescribed in Appendix's 1-3, and all relevant allowances, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays, personal leave, rostered days off, paid leisure days, parental leave, redundancy, compassionate leave payments, top-up payments, severance payments and termination payments prescribed for other Employees in the Agreement. (iii) A casual Employee, other than an irregular casual Employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. (iv) The Employer must give the Employee notice in writing of the provisions of this clause within four weeks of the Employee having attained such period of six months. The Employee retains their right of election under this clause if the Employer fails to comply with this subclause. (v) A casual Employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time employment is deemed to have elected against any such conversion. (vi) A casual Employee who has a right to elect under clause 8.2(a)iii, on receiving notice under clause 8.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. (vii) Following such Agreement being reached, the Employee converts to full-time employment. (viii) Once a casual Employee has elected to become and has been converted to a full-time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. (ix) Where, in accordance with clause 8.2(a)vi an Employer refuses an election to convert, the reasons for doing so must be fully stated to 10
and discussed with the Employee concerned and a genuine attempt
made to reach Agreement.
(x) For the purposes of this clause, an irregular casual Employee is one
who has been engaged to perform work on an occasional or non
systematic or irregular basis.
(xi) An Employee must not be engaged and re-engaged to avoid any
obligation under this Agreement.
9 EMPLOYER AND EMPLOYEE DUTIES
An employer may direct an employee to carry out such duties as are within
the limits of the employee's skill, competence and training consistent with
the classification structure of this Agreement.
10 CONSULTATIVE MECHANISMS
Any matter arising as a result of the introduction of this Agreement will be
implemented by way of a Company Consultative Committee consisting of
equal numbers of management and employee representatives. The
consultative committee shall meet as required with additional meetings
being convened at the request of either party.
11. TRADE UNION RIGHTS AND REPRESENTATION
Clauses 11 .1 and 11 .2 of this Agreement outline the rights for
Employee representatives and Union Delegates when assisting
Employees. For clarity, each Employee has the right to determine
whether they wish to be represented or not.
Such representatives (or individual Employees) are entitled to the
protections of Division 4 of Part 3-1 of the Fair Work Act in relation to
their involvement in lawful industrial activities.
11.1 Union Delegate Rights
Where an Employee has been elected as a Union Delegate, the
Company will recognise the following rights:
a) the right to be treated fairly and to perform their role without any
discrimination in their employment;
b) For the Union Delegate to represent an Employee where
requested in relation to a grievance, dispute or a discussion with a
member of the Union;
11
and discussed with the Employee concerned and a genuine attempt made to reach Agreement. (x) For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non- systematic or irregular basis. (xi) An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. 9 EMPLOYER AND EMPLOYEE DUTIES An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement. 10 CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee shall meet as required with additional meetings being convened at the request of either party. 11. TRADE UNION RIGHTS AND REPRESENTATION Clauses 11.1 and 11.2 of this Agreement outline the rights for Employee representatives and Union Delegates when assisting Employees. For clarity, each Employee has the right to determine whether they wish to be represented or not. Such representatives (or individual Employees) are entitled to the protections of Division 4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful industrial activities. 11.1 Union Delegate Rights Where an Employee has been elected as a Union Delegate, the Company will recognise the following rights: a) the right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Union Delegate to represent an Employee where requested in relation to a grievance, dispute or a discussion with a member of the Union; 11
c) the right to place information related to permitted matters on a
notice board in a prominent location in the workplace except that
the material must not breach freedom of association, privacy and
other applicable laws; and
d) the right to paid time to attend industrial tribunals and/or courts
where they have been requested to do so by an Employee (which
may include themselves) whom they represent in a particular
dispute in their workplace;
e) the right to paid time to assist and represent Employees who have
requested them to represent them in respect of a dispute arising in
their workplace; and
f) the right to represent the interests of members in their workplace to
the Union, the Company and industrial tribunals/courts;
g) the right to formal recognition that the endorsed Union delegates
will speak on behalf of the Union members in the workplace;
h) the right to paid time to attend Union endorsed training/forums
which are directed to improving the skills and knowledge of the
participant in the system of workplace relations.
11.2 Employee Representative Rights
a) Where an Employee has been elected as an Employee
Representative, The Company will recognise the following rights:
b) the right to be treated fairly and to perform their role without any
discrimination in their employment;
c) For the Employee Representative to represent an Employee where
requested in relation to a grievance, dispute or a discussion;
d) the right to place information related to permitted matters on a
notice board in a prominent location in the workplace except that
the material must not breach freedom of association, privacy and
other applicable laws; and
e) the right to paid time to attend industrial tribunals and/or courts
where they have been requested to do so by an Employee (which
may include themselves) whom they represent in a particular
dispute in their workplace;
f) the right to paid time to assist and represent Employees who have
requested them to represent them in respect of a dispute arising in
their workplace; and
g) the right to represent the interests of employees who request their
assistance in their workplace to The Company and industrial
tribunals/courts.
12
c) the right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; and the right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an Employee (which may include themselves) whom they represent in a particular dispute in their workplace; e) the right to paid time to assist and represent Employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) the right to represent the interests of members in their workplace to the Union, the Company and industrial tribunals/courts; g) the right to formal recognition that the endorsed Union delegates will speak on behalf of the Union members in the workplace; h) the right to paid time to attend Union endorsed training/forums which are directed to improving the skills and knowledge of the participant in the system of workplace relations. 11.2 Employee Representative Rights a) Where an Employee has been elected as an Employee Representative, The Company will recognise the following rights: b) the right to be treated fairly and to perform their role without any discrimination in their employment; c) For the Employee Representative to represent an Employee where requested in relation to a grievance, dispute or a discussion; ) the right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; and e) the right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an Employee (which may include themselves) whom they represent in a particular dispute in their workplace; f) the right to paid time to assist and represent Employees who have requested them to represent them in respect of a dispute arising in their workplace; and g) the right to represent the interests of employees who request their assistance in their workplace to The Company and industrial tribunals/courts. 12
h) Prior to The Company making a decision to terminate or transfer a
Union Delegate/Employee Representative, the Company shall
notify the Union Delegate/Employee Representative two weeks in
advance of such termination or transfer. Payment in lieu of notice
may be made by agreement.
i) The right and expectation of representation in relation to
employment issues of Employees from genuine employee
representatives and the Company must not interfere in the
selection of employees' representatives. Further that Union
members employed by the Company have the right to be
represented by their Union in the consultation, disciplinary and
dispute resolution arrangements in this Agreement.
11.3 Training
a) Sufficient notice (at least a week or less by agreement) of the time and
nature of the training/seminar/forums shall be given to the Employer to
enable agreement for employees to attend these courses, seminars or
forums.
b) Union delegate / Employee Representatives will be paid their normal
rate including all applicable allowances while attending approved
courses, seminars or forums. Additional training can be undertaken by
agreement.
12 PAYMENT OF WAGES
12.1 Wages due will be paid by electronic funds transfer into the employee's
nominated bank or other financial institution account. Wages will be paid
weekly and (subject only to Public Holiday delays) be available no later than
close of business on the Thursday following the end of the relevant pay
period. Employees will receive their pay slips on a weekly basis as soon as
practicable on or after pay-day.
12.2 Particulars of details of payment to each employee will be provided in a
statement issued to the employee at the time payment is made and will
contain the following information as required by regulation or under The Fair
Work Act 2009 (as amended):
• employer's and employee's name
• employer's Australian Business Number (if applicable)
• pay period
• date of payment
• gross and net pay
• the ordinary hourly rate
• Balance of accrued RDO hours
• Accrued sick leave
• Accrued annual leave hours
13
h) Prior to The Company making a decision to terminate or transfer a Union Delegate/Employee Representative, the Company shall notify the Union Delegate/Employee Representative two weeks in advance of such termination or transfer. Payment in lieu of notice may be made by agreement. i) The right and expectation of representation in relation to employment issues of Employees from genuine employee representatives and the Company must not interfere in the selection of employees' representatives. Further that Union members employed by the Company have the right to be represented by their Union in the consultation, disciplinary and dispute resolution arrangements in this Agreement. 11.3 Training a) Sufficient notice (at least a week or less by agreement) of the time and nature of the training/seminar/forums shall be given to the Employer to enable agreement for employees to attend these courses, seminars or forums. b) Union delegate / Employee Representatives will be paid their normal rate including all applicable allowances while attending approved courses, seminars or forums. Additional training can be undertaken by agreement. 12 PAYMENT OF WAGES 12.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. 12.2 Particulars of details of payment to each employee will be provided in a statement issued to the employee at the time payment is made and will contain the following information as required by regulation or under The Fair Work Act 2009 (as amended): · employer's and employee's name · employer's Australian Business Number (if applicable) · pay period · date of payment · gross and net pay · the ordinary hourly rate · Balance of accrued RDO hours · Accrued sick leave · Accrued annual leave hours 13
• Income protection payments
• Redundancy contribution
• the number of hours worked at that rate
• the total dollar amount of pay at that rate
• any loadings, allowances, bonuses, incentive-based payments, penalty
rates or other paid entitlements that can be separated out from an
employee's ordinary hourly rate
• the pay rate that applied on the last day of employment
• any deductions from the employee's pay, including:
a. the amount and details of each deduction,
b. the name, or name and number of the fund / account the deduction was
paid into
• any superannuation contributions paid for the employee's benefit,
including:
a. The amount of contributions made during the pay period (or the amount
of contributions that need to be made),
b. The name and / or number of the superannuation fund the contributions
were made to.
12.3 An employee whose service is terminated shall be paid the full amount of
wages, redundancy and accrued payments due, at the next full pay period,
providing all company assets have been returned and any outstanding
debts settled.
12.4 Time and Wages Records
In accordance with statutory requirements, the Company shall keep or
cause to be kept a time and wages record for each employee. The
employer will provide access to these records to the employee if
requested.
12.5 Overpayment of wages
13.
13.1
a) The employee agrees to reimburse the company for any overpayment
of wages proven to be made to the employee in error by the company.
b) Upon two weeks advance written notice of an overpayment to the
Employee, the Employee authorises the Company to deduct in agreed
weekly amounts from any wages or any other entitlements payable, or
owing to the Employee on termination, any overpayments made in error
to the Employee by the Company.
APPRENTICES
Apprentices including hosted apprentices through a group scheme and
alike, will be entitled to all terms and conditions of this agreement. Rates of
14
· Income protection payments · Redundancy contribution · the number of hours worked at that rate · the total dollar amount of pay at that rate · any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee's ordinary hourly rate · the pay rate that applied on the last day of employment · any deductions from the employee's pay, including: a. the amount and details of each deduction, b. the name, or name and number of the fund / account the deduction was paid into · any superannuation contributions paid for the employee's benefit, including: a. The amount of contributions made during the pay period (or the amount of contributions that need to be made), b. The name and / or number of the superannuation fund the contributions were made to. 12.3 An employee whose service is terminated shall be paid the full amount of wages, redundancy and accrued payments due, at the next full pay period, providing all company assets have been returned and any outstanding debts settled. 12.4 Time and Wages Records In accordance with statutory requirements, the Company shall keep or cause to be kept a time and wages record for each employee. The employer will provide access to these records to the employee if requested. 12.5 Overpayment of wages a) The employee agrees to reimburse the company for any overpayment of wages proven to be made to the employee in error by the company. b) Upon two weeks advance written notice of an overpayment to the Employee, the Employee authorises the Company to deduct in agreed weekly amounts from any wages or any other entitlements payable, or owing to the Employee on termination, any overpayments made in error to the Employee by the Company. 13. APPRENTICES 13.1 Apprentices including hosted apprentices through a group scheme and alike, will be entitled to all terms and conditions of this agreement. Rates of 14
pay and allowances will be in accordance with the charts contained at
Appendix 2 for Indentured Apprentices, Appendix 3 for Trainee
Apprentices or Appendix 4 for Adult Apprentices.
13.2 In determining the wages to be paid to an apprentice, any credit applicable
to the term of the apprenticeship will be counted as part of the term of
apprenticeship already completed.
13.3 Attending college/school.
Apprentices will be paid all wages and allowances, including but not limited
to travel and site allowance as specified by this Agreement for time spent
attending college/school in the course of their apprenticeship. All time
spent attending college/school in the course of the apprenticeship will
count as time served for all purposes.
Apprentices Attending Technical College On Rdo
13.3a An apprentice working in an establishment under a particular work
cycle in accordance with this Part who attends technical college on a
rostered day off, shall be afforded another ordinary working day off as
substitution for the rostered day off. Any substituted day must be
taken in the current or next succeeding work cycle.
13.4 Except where it is inconsistent with this clause, the provisions of the
Plumbing and Fire Sprinkler Award 2010 will apply to apprentices.
13.5 Fees due by an apprentice for attending the Plumbing Trade Course shall
be paid by the employer at the time such fees become due. Where an
apprentice fails to complete a course of study or fails a particular subject
any additional fees due in order to complete the course will be the
responsibility of the apprentice.
13.6 RDO's I Public Holidays
In addition to the provisions otherwise provided in this agreement where
Public Holiday or RDO falls on a day on which the apprentice is required to
attend and does attend technical college or registered training
organisation), the next working day shall be taken in lieu of the public
holiday/ rostered day off unless an alternative day in that four-week cycle
is agreed between the apprentice and the employer.
13. 7 Any disputes arising out of the provisions of this clause shall be dealt with
through the dispute settlement procedure.
13.8 The provisions of this clause shall not apply to school based apprentices.
13.9 An apprentice will not work under any system of payment by results.
13.10 Overtime - Apprentices
15
pay and allowances will be in accordance with the charts contained at Appendix 2 for Indentured Apprentices, Appendix 3 for Trainee Apprentices or Appendix 4 for Adult Apprentices. 13.2 In determining the wages to be paid to an apprentice, any credit applicable to the term of the apprenticeship will be counted as part of the term of apprenticeship already completed. 13.3 Attending college/school. Apprentices will be paid all wages and allowances, including but not limited to travel and site allowance as specified by this Agreement for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes. Apprentices Attending Technical College On Rdo 13.3a An apprentice working in an establishment under a particular work cycle in accordance with this Part who attends technical college on a rostered day off, shall be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle. 13.4 Except where it is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinkler Award 2010 will apply to apprentices. 13.5 Fees due by an apprentice for attending the Plumbing Trade Course shall be paid by the employer at the time such fees become due. Where an apprentice fails to complete a course of study or fails a particular subject any additional fees due in order to complete the course will be the responsibility of the apprentice. 13.6 RDO's / Public Holidays In addition to the provisions otherwise provided in this agreement where Public Holiday or RDO falls on a day on which the apprentice is required to attend and does attend technical college or registered training organisation), the next working day shall be taken in lieu of the public holiday / rostered day off unless an alternative day in that four-week cycle is agreed between the apprentice and the employer. 13.7 Any disputes arising out of the provisions of this clause shall be dealt with through the dispute settlement procedure. 13.8 The provisions of this clause shall not apply to school based apprentices. 13.9 An apprentice will not work under any system of payment by results. 13.10 Overtime - Apprentices 15
a) Except in an emergency, be required to work overtime or shift work at
times which would prevent their attendance at technical school or a
registered training organisation.
b) When working overtime, the apprentice should be under the direction
of a tradesperson.
c) Be paid at the overtime, meals and other penalties rates that apply
under this Agreement.
13.11 Adult Apprentices
a) Where a person was employed by an employer immediately prior to
becoming an adult apprentice with that employer, such person will not
suffer a reduction in the rate of pay by virtue of entering into a training
agreement.
14. TRAVEL ALLOWANCE
14.1 Employees will be entitled to a travel allowance in accordance with this
clause to compensate for travel patterns and costs peculiar to the industry
which include mobility/construction and related industries.
14.2 Travel allowance will be in accordance with the charts contained at
Appendix 1 for Tradespersons, Appendix 2 for Indentured Apprentices,
Appendix 3 for Trainee apprentices or Appendix 4 for Adult Apprentices.
Employees who receive a fully maintained vehicle dont receive a daily
Travel Allowance
14.3 An employee will be paid travel on RDOs.
a) The travelling time allowances are daily allowances where the
employee is required to:
(i) start or finish work at a job site;
(ii) start or finish work at the usual times; and
(iii) uses his/her own vehicle or uses public transport.
Employees who receive a fully maintained vehicle dont receive a daily
Travel Allowance
b) Travel allowance
Subject to clauses 14.3(a) employees will be paid a travel allowance in
accordance with the figures shown in Appendix 2 for Trainee apprentices
or Appendix 3 for indentured Apprentices.
16
a) Except in an emergency, be required to work overtime or shift work at times which would prevent their attendance at technical school or a registered training organisation. b) When working overtime, the apprentice should be under the direction of a tradesperson. c) Be paid at the overtime, meals and other penalties rates that apply under this Agreement. 13.11 Adult Apprentices a) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer, such person will not suffer a reduction in the rate of pay by virtue of entering into a training agreement. 14. TRAVEL ALLOWANCE 14.1 Employees will be entitled to a travel allowance in accordance with this clause to compensate for travel patterns and costs peculiar to the industry which include mobility/construction and related industries. 14.2 Travel allowance will be in accordance with the charts contained at Appendix 1 for Tradespersons, Appendix 2 for Indentured Apprentices, Appendix 3 for Trainee apprentices or Appendix 4 for Adult Apprentices. Employees who receive a fully maintained vehicle dont receive a daily Travel Allowance 14.3 An employee will be paid travel on RDOs. a) The travelling time allowances are daily allowances where the employee is required to: (i) start or finish work at a job site; (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. Employees who receive a fully maintained vehicle dont receive a daily Travel Allowance b) Travel allowance Subject to clauses 14.3(a) employees will be paid a travel allowance in accordance with the figures shown in Appendix 2 for Trainee apprentices or Appendix 3 for indentured Apprentices. 16
14.4 Transfer between job sites during working hours
a) Employees transferred from one job site to another during ordinary
working hours must be paid their ordinary rate of pay for the time
occupied in travelling, and unless transported by the employer, will be
reimbursed the reasonable cost of fares by the most convenient public
transport between such job sites.
b) Where the employer requests an employee to use their own vehicle to
affect such a transfer, and the employee agrees to do so the employee
will be paid an allowance at the rate of $0. 7 4 per kilometre.
14.5 Standard travelling time allowance
The standard travelling time component is an amount based on travel
within the boundaries of Broken Bay to the North, Nepean River to the
West, Wollondilly to the South West, and Waterfall to the South.
14.6 Mileage allowance for travel beyond defined radius
15.
15.1
a) An employee entitled to the additional travelling time allowance beyond
the defined radius under clause 15.5 and who uses their own vehicle for
such travel is to be paid an amount equivalent to $0.74 per kilometre as
reimbursement for the additional fuel costs incurred covering the
combined distance from the defined radius to the job site and return to
the defined radius.
b) An employee who lives close to the boundaries of the defined radius
and who is requested to travel beyond the defined radius can reach
mutual agreement between the employer and employee for the excess
travel allowance not to be paid on fair and reasonable grounds that the
employee is not travelling further than what would be considered a
normal day's travel to a job site within the defined radius.
SITE ALLOWANCE
Site allowance will be paid for all hours worked for in Sydney, ACT,
Central Coast & Wollongong, Newcastle and NSW Country as per the
tables below. This Includes Workshop Pre Fabrication, Apprentices
attending Vocational Training, Employees Attending Training courses and
any Training attended by the employee.
15.1.1 Sydney and ACT
Tank Installer/
4th Year 3rd Year 2nd Year pt Year
Labourer
pt April 2019 $3.60 $3.25 $2.50 $2.00 $1.45
17
14.4 Transfer between job sites during working hours a) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. b) Where the employer requests an employee to use their own vehicle to affect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 14.5 Standard travelling time allowance The standard travelling time component is an amount based on travel within the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. 14.6 Mileage allowance for travel beyond defined radius a) An employee entitled to the additional travelling time allowance beyond the defined radius under clause 15.5 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius. b) An employee who lives close to the boundaries of the defined radius and who is requested to travel beyond the defined radius can reach mutual agreement between the employer and employee for the excess travel allowance not to be paid on fair and reasonable grounds that the employee is not travelling further than what would be considered a normal day's travel to a job site within the defined radius. 15. SITE ALLOWANCE 15.1 Site allowance will be paid for all hours worked for in Sydney, ACT, Central Coast & Wollongong, Newcastle and NSW Country as per the tables below. This Includes Workshop Pre Fabrication, Apprentices attending Vocational Training, Employees Attending Training courses and any Training attended by the employee. 15.1.1 Sydney and ACT Tank Installer/ Labourer 4th Year 3rd Year 2nd Year 1st Year 1st April 2019 $3.60 $3.25 $2.50 $2.00 $1.45 17
1st April 2020 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2021 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2022 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2023 $4.20 $3.79 $2.90 $2.32 $1.68
15.1.2 Wollongong & Central Coast
Tank installer/
4th Year 3rd Year 2nd Year pt Year
Labourer
pt April 2019 $3.60 $3.25 $2.50 $2.00 $1.45
pt April 2020 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2021 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2022 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2023 $4.20 $3.79 $2.90 $2.32 $1.68
15.1.3 NSW Country Sites
Tank Installer/
4th Year 3rd Year 2nd Year pt Year
Labourer
pt April 2019 $3.60 $3.25 $2.50 $2.00 $1.45
1st April 2020 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2021 $4.20 $3.79 $2.90 $2.32 $1.68
1st April 2022 $4.20 $3.79 $2.90 $2.32 $1.68
pt April 2023 $4.20 $3.79 $2.90 $2.32 $1.68
18
1st April 2020 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2021 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2022 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2023 $4.20 $3.79 $2.90 $2.32 $1.68 15.1.2 Wollongong & Central Coast Tank installer/ Labourer 4th Year 3rd Year 2nd Year 1st Year 1st April 2019 $3.60 $3.25 $2.50 $2.00 $1.45 1st April 2020 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2021 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2022 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2023 $4.20 $3.79 $2.90 $2.32 $1.68 15.1.3 NSW Country Sites Tank Installer/ Labourer 4th Year 3rd Year 2nd Year 1st Year 1st April 2019 $3.60 $3.25 $2.50 $2.00 $1.45 1st April 2020 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2021 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2022 $4.20 $3.79 $2.90 $2.32 $1.68 1st April 2023 $4.20 $3.79 $2.90 $2.32 $1.68 18
16
16.1
OTHER ALLOWANCES
Employee acting on welding certificate
An employee who is requested by the employer to hold the relevant
qualifications required by the various State Government bodies, or other
relevant authorities for pressure oxy-acetylene or electric welding, either
manual or machine welding, and is required by the employer to act on
such qualifications, will be paid an 46 cents per hour for oxy-acetylene
welding and 46 cents per hour for electric welding for every hour of
employment whether or not the employee has in any hour performed work
relevant to those qualifications held.
16.2 Meals when working overtime
An employee required to work overtime for at least 1.5 hours after working
ordinary hours will be paid by their employer an amount of $12.47 to meet
the cost of a meal, plus an additional $12.47 for each subsequent four
hours worked. The employer may provide a meal or meals instead of
paying any such allowance.
16.3 Leading hand allowance:
1-10 employees= $35 per week.
10 + employees = $55 per week.
16.4 Hot Work
a) An employee who works in a place where the temperature has been
raised by artificial means to between 46 and 54 degrees Celsius will be
paid an additional $0.54 or part thereof; with an additional $0.67 or part
thereof, where the temperature exceeds 54 degrees Celsius.
b) Where such work continues for more than two hours, the employee will
be entitled to 20 minutes' rest after every two hours work without loss
of pay, not including the special rate provided for in clause 16.4(a).
16.5 Cold Work
a) An employee who works in a place where the temperature is lowered
by artificial means to less than 0 degrees Celsius will be paid an
additional $0.54 per hour.
b) Where such work continues for more than two hours, the employee
will-be entitled to 20 minutes' rest after every two hours work without
loss of pay, not including the special rate provided for in clause
16.5(a).
19
16 OTHER ALLOWANCES 16.1 Employee acting on welding certificate An employee who is requested by the employer to hold the relevant qualifications required by the various State Government bodies, or other relevant authorities for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by the employer to act on such qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and 46 cents per hour for electric welding for every hour of employment whether or not the employee has in any hour performed work relevant to those qualifications held. 16.2 Meals when working overtime An employee required to work overtime for at least 1.5 hours after working ordinary hours will be paid by their employer an amount of $12.47 to meet the cost of a meal, plus an additional $12.47 for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. 16.3 Leading hand allowance: 1-10 employees = $35 per week. 10 + employees = $55 per week. 16.4 Hot Work a) An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius will be paid an additional $0.54 or part thereof; with an additional $0.67 or part thereof, where the temperature exceeds 54 degrees Celsius. b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.4(a). 16.5 Cold Work a) An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius will be paid an additional $0.54 per hour. b) Where such work continues for more than two hours, the employee will-be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.5(a). 19
17 LIVING AWAY FROM HOME-DISTANT WORK
17.1 Qualification
An employee will be entitled to the provisions of this clause when
employed on a job or construction work at such a distance from their usual
place of residence that the employee cannot reasonably return to that
place each night. Excluding in a mine camp where all messing is provided
17.2 Employee's address:
At the time of engagement, the employee will provide, on the employer's
request, details of their usual place of residence, being:
(a) The address of the place of residence at the time of application; and
(b) The address of a separately maintained residence, if applicable.
(c) The employer will not exercise undue influence, for the purpose of
avoiding its obligations under this Agreement, to persuade the
employee to give a false address. No subsequent change of
address will entitle an employee to the provisions of this clause
unless the employer agrees.
17.3 Entitlement
The Employer shall provide the Employee with:
(a) Lodging in a well-kept establishment, in either a single room or a twin room if a
single room is not available, with adequate furnishing with good bedding, good
floor coverings, good lighting and heating, hot and cold running water.
(b) Per diem the amount of $65.00 per day will be paid which is to cover three (3)
meals per day.
(c) Per diem to be paid on a travel day.
17.4 Travelling expenses
An employee who is sent by the employer or selected or engaged by an
employer or agent of the employer to go to a job which qualifies them to
the provision of this clause will not be entitled to any of the allowances
prescribed by clause 15 - Travel, for the period occupied in travelling from
their usual place of residence to the distant job, but in lieu thereof will be
paid:
(a) Forward journey
• For the time spent in so travelling, at ordinary rates up to a maximum
of eight hours per day for each day of travel (to be calculated as the
time taken by rail or the usual travelling facilities).
20
17 LIVING AWAY FROM HOME - DISTANT WORK 17.1 Qualification An employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the employee cannot reasonably return to that place each night. Excluding in a mine camp where all messing is provided 17.2 Employee's address: At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) The employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees. 17.3 Entitlement The Employer shall provide the Employee with: (a) Lodging in a well-kept establishment, in either a single room or a twin room if a single room is not available, with adequate furnishing with good bedding, good floor coverings, good lighting and heating, hot and cold running water. (b) Per diem the amount of $65.00 per day will be paid which is to cover three (3) meals per day. (c) Per diem to be paid on a travel day. 17.4 Travelling expenses An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 15 - Travel, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: (a) Forward journey · For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). 20
• For the amount of a fare on the most common method of public
transport to the job (bus; air; rail with sleeping berths if necessary),
and any excess payment due to transporting their tools if such is
incurred.
• For any meals incurred while travelling at $10.97 per meal. The
employer may deduct the cost of the forward journey fare from an
employee who terminates or discontinues their employment within
two weeks of commencing on the job and who does not forthwith
return to their place of engagement.
(b) Return journey
• An employee will, for the return journey, receive the same time, fares,
and meal payments as provided in 17.4(a) above, together with an
amount of $17.24 to cover the cost of transport from the main public
transport terminal to their usual place of residence.
• The above return journey payments will not be paid if the employee
terminates or discontinues their employment within two months of
commencing on the job, or if the employee is dismissed for whatever
reason within one working week of commencing on the job or is
dismissed for misconduct.
• Departure point- for the purposes of this clause, travelling time will be
calculated as the time taken for the journey from the central or
regional rail, bus or air terminal nearest the employee's usual place of
residence to the locality of the work.
17 .5 Daily Travel Allowance
An employee engaged on a job which qualifies them to the provisions of
this clause and who are required to reside elsewhere than on the site (or
adjacent to the site and supplied with transport) will be paid the travel
allowance prescribed by clause 14 - Travel.
17.6 Week-end return home
An employee who works as required during the ordinary hours of work on
the working day before and the working day after a weekend and who
notifies the employer or their representative, no later than Tuesday of each
week, of an intention to return to their usual place of residence at the
weekend and who does return for the weekend, will be paid an allowance
of $28.00 for each occasion.
17. 7 Rest and recreation
(a) Rail or road travel
21
· For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. · For any meals incurred while travelling at $10.97 per meal. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. (b) Return journey . An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 17.4(a) above, together with an amount of $17.24 to cover the cost of transport from the main public transport terminal to their usual place of residence. The above return journey payments will not be paid if the employee terminates or discontinues their employment within two months of commencing on the job, or if the employee is dismissed for whatever reason within one working week of commencing on the job or is dismissed for misconduct. · Departure point- for the purposes of this clause, travelling time will be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work. 17.5 Daily Travel Allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 14 - Travel. 17.6 Week-end return home An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or their representative, no later than Tuesday of each week, of an intention to return to their usual place of residence at the weekend and who does return for the weekend, will be paid an allowance of $28.00 for each occasion. 17.7 Rest and recreation (a) Rail or road travel 21
(i) An employee, who proceeds to a job which qualifies for the provisions
of this subclause, may, after two months continuous service and
thereafter at three monthly periods of continuous service return to their
usual place of residence at the weekend. If the employee does so, the
employee will be paid the amount of a bus or return railway fare to the
bus or railway station nearest their usual place of residence on the pay
day which immediately follows the date on which the employee returns
to the job; provided no delay not agreed to by the employer takes
place in connection with the employee's commencement of work on
the morning of the working day following the weekend. Provided,
however, that if the work upon which the employee is engaged will
terminate in the ordinary course within a further twenty-eight days after
expiration of any such period of two or three months, the provisions of
this subclause will not be applicable.
(ii) The entitlement under 17.8.(i) will be availed of as soon as reasonably
practical after it becomes due and will lapse after a period of two
months provided that the employee has been notified in writing by the
employer in the week prior to such entitlement becoming due, of the
date of entitlement and that such entitlement will lapse if not taken
before the appropriate date two months later. (Proof of such written
notice will lie with the employer).
(b) Variable return home
In special circumstances, and by agreement with the employer, the
return to the usual place of residence entitlements may be granted
earlier or taken later than the prescribed date of accrual without
alteration to the employee's accrual- entitlements.
(c) No payment for unused fares
Payment of fares and leave without pay as provided for in this
subclause will not be made unless availed of by the employee.
(d) Flexible rostered day off
If the employer and employee so agree in writing, the paid rostered
day off as prescribed in clause 23 - Ordinary Hours of work, may be
taken, and paid for, in conjunction with and additional to rest and
recreation leave as prescribed in 17 .8, or at the end of the project, or
on termination whichever comes first.
17.8 Termination
An employee will be entitled to notice of termination in sufficient time to
arrange suitable transport at termination or will be paid as if employed up
to the end of the ordinary working day before transport is available.
18 SUPERANNUATION
22
(i) An employee, who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous service and thereafter at three monthly periods of continuous service return to their usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (ii) The entitlement under 17.8.(i) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due, of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the employer). (b) Variable return home In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual- entitlements. (c) No payment for unused fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. (d) Flexible rostered day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 23 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 17.8, or at the end of the project, or on termination whichever comes first. 17.8 Termination An employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or will be paid as if employed up to the end of the ordinary working day before transport is available. 18 SUPERANNUATION 22
18.1 The level of contributions paid on behalf of each employee will be in
accordance with the table contained at Appendix I.
18.2 Superannuation will be paid on all ordinary time earnings, Paid Leisure
Days, Travel Allowance, Site Allowance, Leading Hands allowances, and all
allowances specifically covered by the Superannuation Guarantee Charge
(SGC)
18.3 The Employer shall be a participating employer in the Cbus Superannuation
Scheme and all employees (including apprentices) shall be enrolled in Cbus
and be entitled to superannuation benefits in accordance with the terms of
Cbus Trust Deed where applicable (paid monthly).
18.4 If at any time during the life of this Agreement the Superannuation
Guarantee Charge (SGC) increases beyond 9.5%, then any increase will be
applicable under this Agreement. Provided that at all times during the life of
this Agreement the minimum SGC percentage will be 9.5%.
18.5 Subject to the Trust Deed of the Fund of which an employee is a member,
the following provisions will apply:
{a) Paid Leave
Contributions will continue whilst an employee is absent on paid
annual leave, sick leave, long service leave, public holidays, jury
service, bereavement leave, or other paid leave.
{b) Unpaid Leave
Contributions will not be required in respect of any period of absence
from work without pay of one day or more.
{c) Work related injury or illness
In the event of an eligible employee's absence from work being due to
a work related injury or work related illness, contributions at the normal
rate will continue for the period of the absence provided that the
employee is receiving worker's compensation payments or is receiving
regular payments directly from the employer in accordance with
statutory requirements or the provisions of this Agreement and the
person remains an employee of the employer.
18.6 The subject of superannuation is extensively dealt with by legislation
including the Superannuation Guarantee (Administration) Act 1992, the
Superannuation Industry (Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993. This legislation, as varied from time to
time, governs the superannuation rights and obligations of the parties
except as provided for under this Agreement. The contribution rates
provided for in Clause 18.2 and 18.4 above do not limit an enterprise's
liability under the SGC.
23
18.1 The level of contributions paid on behalf of each employee will be in accordance with the table contained at Appendix I. 18.2 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, Travel Allowance, Site Allowance, Leading Hands allowances, and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 18.3 The Employer shall be a participating employer in the Cbus Superannuation Scheme and all employees (including apprentices) shall be enrolled in Cbus and be entitled to superannuation benefits in accordance with the terms of Cbus Trust Deed where applicable (paid monthly). 18.4 If at any time during the life of this Agreement the Superannuation Guarantee Charge (SGC) increases beyond 9.5%, then any increase will be applicable under this Agreement. Provided that at all times during the life of this Agreement the minimum SGC percentage will be 9.5%. 18.5 Subject to the Trust Deed of the Fund of which an employee is a member, the following provisions will apply: (a) Paid Leave Contributions will continue whilst an employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave. (b) Unpaid Leave Contributions will not be required in respect of any period of absence from work without pay of one day or more. (c) Work related injury or illness In the event of an eligible employee's absence from work being due to a work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that the employee is receiving worker's compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Agreement and the person remains an employee of the employer. 18.6 The subject of superannuation is extensively dealt with by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties except as provided for under this Agreement. The contribution rates provided for in Clause 18.2 and 18.4 above do not limit an enterprise's liability under the SGC. 23
18. 7 All Superannuation contributions under this Agreement will be paid monthly
as required by the Cbus Trust Deed where applicable.
19 TERMINATION OF EMPLOYMENT
19.1 Notice of termination is provided for in the NES. The notice provisions of the
NES do not apply to a daily hire employee working in the building and
construction industry.
19.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same
as that required of an employer, except that there is no requirement on the
employee to give additional notice based on the age of the employee
concerned. If an employee fails to give the required notice the employer
may withhold from any monies due to the employee on termination under
this award or the NES, an amount not exceeding the amount the employee
would have been paid under this award in respect of the period of notice
required by this clause less any period of notice actually given by the
employee.
20. INDUSTRY SPECIFIC REDUNDANCY SCHEME
20. REDUNDANCY/SEVERANCE
20.1 The Employer will:
a) The employer shall participate in a Redundancy Protection Scheme and shall
make relevant contributions on behalf of all employees to provide for the payment
of redundancy benefits to employees.
b) The benefits to be provided to the Employees shall be equivalent to the benefits
provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax
Assessment Act 1986 (ATO Approved Fund) that is administered and/or managed
by Redundancy Payment Central Fund Ltd (lncolink).
c) The particular Redundancy Protection Scheme to be provided shall be agreed
between the majority of employees and the employer. Any ATO Approved Fund
that is administered and/or managed by lncolink shall be taken as agreed to by the
majority of employees and the employer for the purpose of this clause.
d) For the purpose of clause (c) once lncolink has notified the employer of the
relevant ATO Approved Fund (lncolink Responsible Fund) the employer will enrol
to become a member and will enrol all the employees of the employer within the
scope of this Agreement in the lncolink Responsible Fund in accordance with the
constituting documents of the lncolink Responsible Fund. The employer must
abide by and pay contributions to that lncolink Responsible Fund on behalf of each
employee in accordance with the constituting documents of the lncolink
Responsible Fund. The employees enrolled shall be entitled to redundancy
benefits in accordance with the terms of the lncolink Responsible Fund's trust
deed.
24
18.7 All Superannuation contributions under this Agreement will be paid monthly as required by the Cbus Trust Deed where applicable. 19 TERMINATION OF EMPLOYMENT 19.1 Notice of termination is provided for in the NES. The notice provisions of the NES do not apply to a daily hire employee working in the building and construction industry. 19.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee. 20. INDUSTRY SPECIFIC REDUNDANCY SCHEME 20. REDUNDANCY/SEVERANCE 20.1 The Employer will: a) The employer shall participate in a Redundancy Protection Scheme and shall make relevant contributions on behalf of all employees to provide for the payment of redundancy benefits to employees. b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). c) The particular Redundancy Protection Scheme to be provided shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. 24
e) Where the employer is already a member of an ATO Approved Fund which lncolink
is trustee (Appropriate lncolink Fund), the employer shall enrol all the employees of
the employer within the scope of this Agreement in the Appropriate lncolink Fund in
accordance with the constituting documents of the Appropriate lncolink Fund. The
employer must abide by and pay contributions to that Appropriate lncolink Fund on
behalf of each employee in accordance with the constituting documents of the
Appropriate lncolink Fund. The employees enrolled shall be entitled to redundancy
benefits in accordance with the terms of the Appropriate lncolink Fund's trust deed.
f) If lncolink nominates any other ATO Approved Fund the employer shall pay
contributions to that fund on behalf of each employee in accordance with the
constituting documents of that other ATO Approved Fund.
g) In all cases the redundancy payments which the employer is liable to pay are
whichever are the greater of the entitlement of the employee as per Clause 20.9
and the entitlement of the employee under relevantly the lncolink Responsible
Fund or the Appropriate lncolink Fund
trust deed (or under the constituting documents of any other ATO Approved Fund
nominated by lncolink pursuant to its trust deed).
h) References in this Clause to relevantly the lncolink Responsible Fund or the
Appropriate lncolink Fund include a reference to another fund for comparable
purposes nominated by lncolink for the purposes of this Agreement as a fund
which meets the requirements of relevantly an lncolink Responsible Fund or an
appropriate lncolink Fund.
20.2 Definition
For the purposes of this clause, redundancy means a situation where an
employee ceases to be employed by an employer other than for reasons of
misconduct or refusal of duty. Redundant has a corresponding meaning
20.3 Redundancy pay
A redundant employee will receive redundancy/severance payments in
respect of all continuous service with the employer, calculated as follows:
Period of continuous service
Redundancy/Severance Pay
with an employer
2.4 weeks' pay plus, for all service
1 year or more but less than 2 in excess of 1 year, 1.75 hours pay
Years per completed week of service up
to a maximum of 4.8 weeks' pay
4.8 weeks' pay plus, for all service
2 years or more but less than 3 in excess of 2 years, 1.6 hours pay
Years per completed week of service up
to a maximum of 7 weeks' pay
25
e) Where the employer is already a member of an ATO Approved Fund which Incolink is trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per Clause 20.9 and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). h) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which meets the requirements of relevantly an Incolink Responsible Fund or an appropriate Incolink Fund. 20.2 Definition For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning 20.3 Redundancy pay A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 4.8 weeks' pay plus, for all service 2 years or more but less than 3 in excess of 2 years, 1.6 hours pay Years per completed week of service up to a maximum of 7 weeks' pay 25
7 weeks' pay plus, for all service in
3 years or more but less than 4 excess of 3 years, 0. 73 hours pay
Years per completed week of service up
to a maximum of 8 weeks' pay
4 years or more 8 weeks' pay
(a) Provided that an employee employed for less than 12 months will be
entitled to a redundancy/severance payment of 1.75 hours per week of
service if, and only if, redundancy is occasioned otherwise than by the
employee.
(b) Week's pay means the ordinary time rate of pay at the time of
termination for the employee concerned.
(c) If an employee dies with a period of eligible service which would have
entitled that employee to redundancy pay, such redundancy pay
entitlement will be paid to the estate of the employee.
(d) Any period of service as a casual will not entitle an employee to accrue
service in accordance with this clause for that period.
(e) 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.
(f) Contributions paid by the employer under this clause will be paid in
accordance with the requirements of the Scheme's trust deed.
(g) Upon termination the employee will, depending on the Scheme's trust
deed, be paid directly by the Scheme.
(h) For the purpose of meeting its obligations under this clause the
employer will make the contributions set out in clause 20 above on a
monthly basis in respect of each employee covered by this Agreement
to the Scheme.
(i) Where an employee is entitled to a payment by the Scheme under
clause 20 and an entitlement under the provisions of this clause would
be greater than the employee will receive the difference between the
amount due under clause 20 and the amount due under this clause,
but not both.
20.4 Redundancy pay schemes
(a) Where an employer terminates the employment of an employee and the
employer incurs a redundancy pay obligation to the employee under this
clause, some or all of the benefit the employee receives from a
26
7 weeks' pay plus, for all service in 3 years or more but less than 4 excess of 3 years, 0.73 hours pay Years per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay (a) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (b) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. (c) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement will be paid to the estate of the employee. (d) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (e) 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. (f) Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. (g) Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. (h) For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 20 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (i) Where an employee is entitled to a payment by the Scheme under clause 20 and an entitlement under the provisions of this clause would be greater than the employee will receive the difference between the amount due under clause 20 and the amount due under this clause, but not both. 20.4 Redundancy pay schemes (a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a 26
redundancy pay fund may be set off against the employer's redundancy
pay obligation under this clause, subject to the following conditions.
(b) If the employee receives a benefit from the redundancy pay fund, the
employer may set off any proportion of the benefit which is attributable
to the employer's contribution to the fund against its redundancy pay
obligation under this clause. If the proportion so calculated is equal to or
greater than the employer's redundancy pay obligation under this clause
the obligation will be fully satisfied.
(c) If the employee does not receive a benefit from the redundancy pay
scheme, contributions made by an employer on behalf of an employee
to the scheme will, to the extent of those contributions, be set off against
the liability of the employer under this clause and payments to the
employee will be made in accordance with the rules of the redundancy
pay scheme fund or any agreement relating thereto. If the contribution is
equal to or greater than the employer's redundancy pay obligation under
this clause the obligation will be fully satisfied.
The redundancy pay scheme must be an Approved Worker Entitlement
Fund under the Fringe Benefits Tax Regulations 1992.
20.5 Employee leaving during notice period
An employee whose employment is to be terminated in accordance with
this clause may terminate their employment during the period of notice and
if this occurs, will be entitled to the provisions of this clause as if the
employee remains with the employer until expiry of such notice. Provided
that in such circumstances, the employee will not be entitled to payment
instead of notice.
20.6 Transfer of business
Where a business is, before or after the date of this award, transferred
from an employer (in this subclause called the old employer) to another
employer (in this subclause called the new employer) and an employee
who at the time of such transfer was an employee of the old employer in
that business becomes an employee of the new employer:
(a) The continuity of the employment of the employee will be deemed not
to have been broken by reason of such transfer; and
(b) The period of employment which the employee has had with the old
employer or any prior old employer will be deemed to be service of
the employee with the new employer.
In this subclause, business includes trade, process, business or
occupation and includes part of any such business and transfer includes
transfer, conveyance, assignment or succession whether by agreement or
by operation of law. Transferred has a corresponding meaning.
27
redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions. (b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Regulations 1992. 20.5 Employee leaving during notice period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 20.6 Transfer of business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) The continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and (b) The period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. 27
21.
22.
23.
23.1
STATUTORY MATTERS COVERED BY STATE LEGISLATION
The following NSW & ACT State Acts and the regulations, as amended,
where relevant and provided they are not in conflict with the requirements of
the Fair Work Act 2009, as amended, will set the minimum terms insofar as
they relate to matters that are under the provisions of the relevant Act and
pertain to the Company and employees bound by this Agreement:
• Long Service leave Act 1955;
• Long service leave (portable schemes) Act 2009
• Building and Construction Industry Long Service Payments Act 1986;
• Workplace Injury Management and Compensation Act 1998; and
• Work Health and Safety Act 2011.
Where an employee is eligible, the employer will register an employee with
the Building and Construction Industry Long Service Payments
Corporation within 4 weeks of commencement of his/her employment.
If at any time during the life of the agreement any new legislation is
enacted it will be deemed to cover this agreement.
TOP-UP WORKERS COMPENSATION/ 24 HOUR ACCIDENT AND
SICKNESS INSURANCE
The Employer recognises the importance of providing income security for
employees and their families in the event of unforeseen circumstances
occurring. In this regard the Company will, as part of this Agreement take
out a Top Up, 24 hr. accident and sickness insurance with Marsh Pty Ltd
for all employees other than casuals. This policy will contain provisions that
allow approved benefits to be paid within 14 days resulting from an
accident or sickness, and within 30 days resulting from an amateur
sporting injury. The maximum cost to the Company will not exceed $15.00
per week.
ORDINARY HOURS OF WORK
Except as provided elsewhere in this agreement, the average ordinary
working hours will be 36 per week worked in accordance with the following
provisions for a four-week work cycle:
This time will accrue as follows:
0.8 hours (48 minutes) accrued per day worked or per day of paid leave
taken;
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21. STATUTORY MATTERS COVERED BY STATE LEGISLATION The following NSW & ACT State Acts and the regulations, as amended, where relevant and provided they are not in conflict with the requirements of the Fair Work Act 2009, as amended, will set the minimum terms insofar as they relate to matters that are under the provisions of the relevant Act and pertain to the Company and employees bound by this Agreement: · Long Service leave Act 1955; · Long service leave (portable schemes) Act 2009 · Building and Construction Industry Long Service Payments Act 1986; · Workplace Injury Management and Compensation Act 1998; and · Work Health and Safety Act 2011. Where an employee is eligible, the employer will register an employee with the Building and Construction Industry Long Service Payments Corporation within 4 weeks of commencement of his/her employment. If at any time during the life of the agreement any new legislation is enacted it will be deemed to cover this agreement. 22. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Company will, as part of this Agreement take out a Top Up, 24 hr. accident and sickness insurance with Marsh Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the Company will not exceed $15.00 per week. 23. ORDINARY HOURS OF WORK 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 36 per week worked in accordance with the following provisions for a four-week work cycle: This time will accrue as follows: 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; 28
23.2 Rostered Days Off 2021-2024
a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to
Friday inclusive with eight hours worked for each nine [9] days, and with 0.8 of an
hour on each of those days accruing toward the tenth day and can be taken as a
paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO'.
b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix E) can be worked
and banked.
c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during
Designated Long weekends.
d) Subject to Clause 23.6, RDOs not attached to a Designated Long Weekend are paid
at the ordinary time rate paid to Employees at the time of taking the RDO, and on all
RDOs payment shall include the daily 'Fares & Travelling Allowance', and any
applicable allowances as prescribed by this Agreement.
e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months
continuous service.
f) Each day of paid leave taken and any public holiday occurring during any cycle of two
weeks will be a day worked for accrual purposes.
g) Upon commencement of employment, Employees who have not worked a complete
ten day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO
or group of RDOs falling after their commencement of employment. Thereafter, for
the duration of employment with that employer, RDOs will be paid in full as they
occur.
23.4 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas
Annual Leave
a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance
with this Agreement) is in Appendix E and reflects the agreed scheduling of
Designated Long Weekends, Flexible Rostered Days Off, Scheduled Rostered Days
Off and Christmas/Easter Annual Leave shutdown for 2021, 2022, 2023 and 2024.
b) On the last day of work prior to a Designated Long Weekend, as far as practical, work
shall cease by 3.30pm.
23.5 Work on Scheduled RDOs and Designated Long Weekends for projects other
than Identified Projects
a) The Company and its Employees may agree, where there is a need for genuine
operational reasons, work may be carried out on Scheduled RDO/Designated Long
Weekends if the Company first consults with and agrees about the need to carry out
work with the majority of the Employees. As far as practical given operational
requirements, the Company will give employees at least 7 days' written notice of
any such need for work to occur so as to ensure appropriate consultation. Such
requirements must be based on genuine circumstances. If 7 days notice is not
provided by the Employer then the affected Employees, in addition to accrued
entitlements, shall be paid double time and a half and shall bank an additional RDO
over and above the time accrued.
b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if
the requirement to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week of the
scheduled RDO;
29
23.2 Rostered Days Off 2021-2024 a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to Friday inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of those days accruing toward the tenth day and can be taken as a paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO' b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix E) can be worked and banked c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during Designated Long weekends. d) Subject to Clause 23.6, RDOs not attached to a Designated Long Weekend are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs payment shall include the daily 'Fares & Travelling Allowance', and any applicable allowances as prescribed by this Agreement. For clarity, 26 RDOs shall be accrued by an Employee in each twelve months continuous service. f) Each day of paid leave taken and any public holiday occurring during any cycle of two weeks will be a day worked for accrual purposes. g) Upon commencement of employment, Employees who have not worked a complete ten day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur. 23.4 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this Agreement) is in Appendix E and reflects the agreed scheduling of Designated Long Weekends, Flexible Rostered Days Off, Scheduled Rostered Days Off and Christmas/Easter Annual Leave shutdown for 2021, 2022, 2023 and 2024. b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall cease by 3.30pm. 23.5 Work on Scheduled RDOs and Designated Long Weekends for projects other than Identified Projects a) The Company and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the Company first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Company will give employees at least 7 days' written notice of any such need for work to occur so as to ensure appropriate consultation. Such requirements must be based on genuine circumstances. If 7 days notice is not provided by the Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time and a half and shall bank an additional RDO over and above the time accrued. b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; 29
(ii) the number of scheduled RDOs worked by the Employee within the previous
six weeks;
(iii)the Employee's family responsibilities; and
(iv) any other special circumstances peculiar to the Employee.
c) Except on Designated Long Weekends, in addition to accrued entitlements, such
work on any scheduled RDO that is not attached to a Designated Long weekend
and where notice is given in accordance with clause 23.5 a) shall be paid for at
ordinary time rates of pay, including the daily 'Fares & Travelling Allowance' and
any applicable allowances as prescribed by this Agreement.
d) On Designated Long Weekends, in addition to accrued entitlements such work shall
be paid for at double time and a half, including the daily 'Fares & Travelling
Allowance' and any applicable allowances as prescribed by this Agreement and the
Employee shall bank an additional RDO over and above the time accrued.
e) All Employees who work on the Scheduled RDO will be granted an alternative RDO
to another day falling within six weeks of the originally scheduled day provided that
the re-scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in
conjunction with annual leave, or as otherwise agreed by the Employee and the
Company, such agreement not to be unreasonably withheld.
f)
23.6 Work on Scheduled RDOs and Designated Long Weekends for Identified
Projects
23.7 will apply for Work on Scheduled RDOs and Designated Long Weekends for Identified
Projects.
23. 7 Five Day Week Projects
This applies to Employees working on projects that are structured over a 5-day,
Monday to Friday working week. If the project is varied to a standard working week
(Monday to Sunday),.
23. 7 .a Hours of Work
The provisions of Clause 23.1 of the Agreement apply.
23.7.b Overtime
a) It is the intention of the Employer and Employees that excessive overtime will not be
worked.
b) To this end the general standard of weekly hours will usually not be more than 50
hours per week, which shall be taken to mean not more than 10 hours per day Monday to
Friday, for an individual Employee. The aforesaid 'usual weekly hours' of the affected
Employees may by agreement be exceeded from time to time to perform works which the
Employer considers necessary and to meet operational requirements, including but not
limited to the need to perform works which are critical to the ongoing productivity or safety of
other employees on the project or where a critical work task is delayed due to unforeseen
circumstances.
c) Reflecting this intention, it is recognised that the Employer is not restricted as to the
setting of daily hours within the 50-hour general standard.
d) An Employee may refuse to work overtime in circumstances where the working of
such overtime would result in the Employee working hours which are unreasonable having
regard to matters including:
e)
30
(ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii)the Employee's family responsibilities; and (iv) any other special circumstances peculiar to the Employee. c) Except on Designated Long Weekends, in addition to accrued entitlements, such work on any scheduled RDO that is not attached to a Designated Long weekend and where notice is given in accordance with clause 23.5 a) shall be paid for at ordinary time rates of pay, including the daily 'Fares & Travelling Allowance' and any applicable allowances as prescribed by this Agreement. d) On Designated Long Weekends, in addition to accrued entitlements such work shall be paid for at double time and a half, including the daily 'Fares & Travelling Allowance' and any applicable allowances as prescribed by this Agreement and the Employee shall bank an additional RDO over and above the time accrued. e) All Employees who work on the Scheduled RDO will be granted an alternative RDO to another day falling within six weeks of the originally scheduled day provided that the re-scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in conjunction with annual leave, or as otherwise agreed by the Employee and the Company, such agreement not to be unreasonably withheld. f) 23.6 Work on Scheduled RDOs and Designated Long Weekends for Identified Projects 23.7 will apply for Work on Scheduled RDOs and Designated Long Weekends for Identified Projects. 23.7 Five Day Week Projects This applies to Employees working on projects that are structured over a 5-day, Monday to Friday working week. If the project is varied to a standard working week (Monday to Sunday) , 23.7.a Hours of Work The provisions of Clause 23.1 of the Agreement apply. 23.7.b Overtime a) It is the intention of the Employer and Employees that excessive overtime will not be worked. b) To this end the general standard of weekly hours will usually not be more than 50 hours per week, which shall be taken to mean not more than 10 hours per day Monday to Friday, for an individual Employee. The aforesaid 'usual weekly hours' of the affected Employees may by agreement be exceeded from time to time to perform works which the Employer considers necessary and to meet operational requirements, including but not limited to the need to perform works which are critical to the ongoing productivity or safety of other employees on the project or where a critical work task is delayed due to unforeseen circumstances c) Reflecting this intention, it is recognised that the Employer is not restricted as to the setting of daily hours within the 50-hour general standard. d) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: e 30
(i) any risk to Employee health and safety including the risk of fatigue i.e. excessive
hours,
exposure to noise, fumes, or any matter that can impair an Employee's ability to work safely
and/or create a danger to Employees; or
(ii) the Employee's personal circumstances including any family responsibilities; or
(iii) the notice (if any) given by the Employer of the overtime and by the Employee of his
or her intention to refuse it; or
(iv) any other relevant matter.
23.7.c. Rostered Days Off
The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the following
exceptions:
a) Projects will be fully operational on all scheduled RDOs days not attached to a
Designated Long Weekend (which include the Easter and Christmas shutdown periods).
b) If an Employee works on a scheduled RDO, they will take the accrued RDO as a
substitute day within 7 days (i.e. on any day over the 7 day period) from the Scheduled RDO
falling in the RDO calendar (Refer Appendix E).
23.7.d. Weekend Work
a) Weekend work will be limited to where there is a need for genuine operational
reasons to undertake specific works on weekends which may be high risk in nature or
have an effect on existing facilities or areas outside the project. High risk works, or
works having effect as outlined above would include, but not be limited to the
following:
b) Before the Company commences consultation regarding the requirement for
Weekend Work, the Company must have approval from (insert most senior person
title in the region) or equivalent. No work is authorised unless this approval is provided
in writing.
c) Work may be carried out on a weekend if the Company consults and agrees with the
majority of the affected Employees (and if nominated, their representative) about the
need to carry out work. As far as practical, given operational requirements, the
Company will give affected Employees at least 7 days' written notice of any such need
for work to occur, so as to ensure appropriate consultation. Such work shall be paid at
the rate of double the ordinary rate of pay for all hours worked.
d) If 7 days written notice is not provided by the Employer, then the affected Employees,
shall be paid double time and a half of the ordinary rate of pay. This will not apply for
events outside the control of the Employer, where emergency work is required to be
undertaken.
e) Where work is required to be conducted over two (2) consecutive weekends and an
RDO is not taken over this period, Employees who work on consecutive weekends will
take the RDO foregone at an alternative day falling within six (6) weeks of the
originally scheduled day, provided the re-scheduled RDO is to be taken on a day (or
days) adjacent to a Saturday or Sunday or RDO, in conjunction with annual leave, or
as otherwise agreed by the Employee and the Company. Such agreement will not be
unreasonably withheld.
23.8 Banking of RDOs
31
(i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee's ability to work safely and/or create a danger to Employees; or (ii) the Employee's personal circumstances including any family responsibilities; or (iii) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it; or (iv) any other relevant matter. 23.7.c. Rostered Days Off The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the following exceptions: a) Projects will be fully operational on all scheduled RDOs days not attached to a Designated Long Weekend (which include the Easter and Christmas shutdown periods). b) If an Employee works on a scheduled RDO, they will take the accrued RDO as a substitute day within 7 days (i.e. on any day over the 7 day period) from the Scheduled RDO falling in the RDO calendar (Refer Appendix E). 23.7.d. Weekend Work a) Weekend work will be limited to where there is a need for genuine operational reasons to undertake specific works on weekends which may be high risk in nature or have an effect on existing facilities or areas outside the project. High risk works, or works having effect as outlined above would include, but not be limited to the following: b) Before the Company commences consultation regarding the requirement for Weekend Work, the Company must have approval from (insert most senior person title in the region) or equivalent. No work is authorised unless this approval is provided in writing. c) Work may be carried out on a weekend if the Company consults and agrees with the majority of the affected Employees (and if nominated, their representative) about the need to carry out work. As far as practical, given operational requirements, the Company will give affected Employees at least 7 days' written notice of any such need for work to occur, so as to ensure appropriate consultation. Such work shall be paid at the rate of double the ordinary rate of pay for all hours worked. d) If 7 days written notice is not provided by the Employer, then the affected Employees, shall be paid double time and a half of the ordinary rate of pay. This will not apply for events outside the control of the Employer, where emergency work is required to be undertaken. e) Where work is required to be conducted over two (2) consecutive weekends and an RDO is not taken over this period, Employees who work on consecutive weekends will take the RDO foregone at an alternative day falling within six (6) weeks of the originally scheduled day, provided the re-scheduled RDO is to be taken on a day (or days) adjacent to a Saturday or Sunday or RDO, in conjunction with annual leave, or as otherwise agreed by the Employee and the Company. Such agreement will not be unreasonably withheld. 23.8 Banking of RDOs 31
a) Where the Employer and Employee agree up to six days RDOs in a
twelve month period may be accrued for the purpose of creating a
bank to be drawn upon by the Employee at times mutually agreed.
Details of such banked RDOs shall be entered on to each
Employee's employment records. These RDOs may be taken as a
group of consecutive days or any other combination subject to
reasonably notice by an Employee.
23.9 Early start
By agreement between the employer and employees, the working day may
begin at 6.00 am. Or at any other time between that hour and 8.00 a.m.
and the working time will then begin to run from the time so fixed, with a
consequential adjustment to the meal break.
23.10 Employees will be entitled to take five minutes immediately before lunch
and before finishing time to enable them to wash and put away gear. The
washing time breaks will be counted as time worked.
24. WORK BREAKS
24.1 Meal breaks
There will be a cessation of work and working time within the first 5 hours
of each day for the purpose of a meal on each day, of not less than 30
minutes, to be taken at a time that meets the needs of each particular
project. Employees will not be required to work more than 5 hours without
a rest break.
24.2 Variation of meal breaks
Where, because of the area or location of a project the period of the meal
break may be lengthened to not more than 45 minutes with a
consequential adjustment to the daily time of cessation of work.
24.3 Daily rest breaks
There will be allowed, without deduction of pay, a rest period of 10
minutes between 9.00 am and 11 00 am.
24.3a One Break per Day.
If for any reason only One (1) break is taken per day, any time worked
after Eight (8) will be deemed as overtime and appropriate penalties
rates will apply. Applicable to Monday to Friday work only.
For example:
Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m.
Start Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m.
32
a) Where the Employer and Employee agree up to six days RDOs in a twelve month period may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs shall be entered on to each Employee's employment records. These RDOs may be taken as a group of consecutive days or any other combination subject to reasonably notice by an Employee. 23.9 Early start By agreement between the employer and employees, the working day may begin at 6.00 am. Or at any other time between that hour and 8.00 a.m. and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break. 23.10 Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. 24. WORK BREAKS 24.1 Meal breaks There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. 24.2 Variation of meal breaks Where, because of the area or location of a project the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 24.3 Daily rest breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. 24.3a One Break per Day. If for any reason only One (1) break is taken per day, any time worked after Eight (8) will be deemed as overtime and appropriate penalties rates will apply. Applicable to Monday to Friday work only. For example: Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m. Start Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m. 32
24.4 Overtime rest breaks
25.
25.1
(a) When an employee is required to work overtime after the usual
ceasing time for the day for two hours or more, the employee will be
allowed to take without deduction of pay, a rest break of 20 minutes
in duration immediately after such ceasing time and thereafter, after
each four hours of continuous work, the employee will be allowed to
take also, without deduction of pay, a rest break of 30 minutes in
duration.
(b) In the event of an employee remaining at work after the usual ceasing
time without taking the rest break of 20 minutes and continuing at
work for a period of two hours or more, the employee will be regarded
as having worked 20 minutes more than the time worked and be paid
accordingly.
(c) For the purpose of this clause usual ceasing time is at the end of
ordinary hours inclusive of time worked for accrual purposes as
prescribed in clause Ordinary Hours of Work.
(d) Where an agreement is reached pursuant to clause 24.2, the
agreement may make provision for the variation of work breaks to suit
the arrangement of hours of work.
OVERTIME
Overtime generally
(a) All time worked beyond the ordinary hours of work as prescribed in
clause 23 - Ordinary Hours of work, inclusive of time worked for accrual
purposes as prescribed will be paid for at the rate of one and a half
times ordinary rate for the first two hours and double time thereafter.
(b) From the 1st of April 2023 all overtime will be paid at the rate of double
time
25.1.2 Call-back
An employee recalled to work overtime after leaving the employer's
business premises (whether notified before or after leaving the premises)
will be paid for a minimum of three hours work at the appropriate rates for
each time the employee is so recalled. Except in the case of unforeseen
circumstances the employee will not be required to work the full three
hours if the job or jobs the employee was recalled to perform is completed
within a shorter period. When an employee is recalled to work after leaving
the employer's business premises prior to the expiration of a ten-hour
break after ordinary ceasing time and the actual time worked on the call
out does not exceed three hours, the provisions of this clause will not
apply. In addition:
33
24.4 Overtime rest breaks (a) When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, the employee will be allowed to take also, without deduction of pay, a rest break of 30 minutes in duration. (b) In the event of an employee remaining at work after the usual ceasing time without taking the rest break of 20 minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly. (c) For the purpose of this clause usual ceasing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause Ordinary Hours of Work. (d) Where an agreement is reached pursuant to clause 24.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work. 25. OVERTIME 25.1 Overtime generally (a) All time worked beyond the ordinary hours of work as prescribed in clause 23 - Ordinary Hours of work, inclusive of time worked for accrual purposes as prescribed will be paid for at the rate of one and a half times ordinary rate for the first two hours and double time thereafter. (b) From the 1st of April 2023 all overtime will be paid at the rate of double time 25.1.2 Call-back An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances the employee will not be required to work the full three hours if the job or jobs the employee was recalled to perform is completed within a shorter period. When an employee is recalled to work after leaving the employer's business premises prior to the expiration of a ten-hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three hours, the provisions of this clause will not apply. In addition: 33
This sub-clause will not apply in cases where it is customary for an
employee to return to the employer's premises to perform a specific job
outside ordinary working hours, or where the overtime is continuous
(subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
25.1.3 Working during meal break
If the employer requires an employee to work through their normal meal
break the employee will be paid at the rate of double time until the
employee is allowed to take such a break. Where the meal break is
shortened by agreement, the employer will pay for the period by which the
meal break is shortened, which will then form part of ordinary time hours.
25.1.4 Transport after overtime or holiday work
When an employee, after having worked overtime for which the employee
has not been regularly rostered or on a prescribed holiday, finishes work at
a time when reasonable means of transport are not available the employer
will pay the cost of or provide a conveyance to their home or to the nearest
public transport.
25 .. 1.5 Breaks between working days
An employee who works so much overtime that, between the termination
of ordinary work on one day and the commencement of ordinary work on
the next day, the employee has not had at least ten consecutive hours off
duty between those times, or on a Saturday, Sunday or Holiday without
having had ten consecutive hours off duty in the 24 hours preceding
ordinary commencing time on their next ordinary day will, subject to this
subclause, be released after completion of such overtime until the
employee has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(a) If, on the instructions of the employer, such an employee resumes
or continues work without having had such ten consecutive hours
off duty the employee will be paid at double rates until the employee
is released from duty for such period and the employee will then be
entitled to be absent until the employee has had ten consecutive
hours off duty without loss of pay for ordinary working time occurring
during such absence.
(b) An employee who has worked continuously (except for work breaks
allowed by this Agreement) for 20 hours including holiday work will
not be required to continue at or recommence work for at least
twelve hours.
26. WEEKEND WORK
26.1 All time worked on a Saturday or a Sunday will be paid for at double time.
34
This sub-clause will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 25.1.3 Working during meal break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. 25.1.4 Transport after overtime or holiday work When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 25 .. 1.5 Breaks between working days An employee who works so much overtime that, between the termination of ordinary work on one day and the commencement of ordinary work on the next day, the employee has not had at least ten consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had ten consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (a) If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (b) An employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least twelve hours. 26. WEEKEND WORK 26.1 All time worked on a Saturday or a Sunday will be paid for at double time. 34
26.2 An employee required to work on a Saturday or Sunday will be afforded at
least three hours' work on a Saturday or a Sunday or will be paid for four
hours on a Saturday or a Sunday at the appropriate rate. Provided that on
urgent service work an employee will be paid in accordance with 25.1 (a)
26.3 An employee working overtime on a Saturday or a Sunday will be allowed
a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This
rest period is to be paid for as though worked.
26.4 An employee working on a Saturday or Sunday will be allowed a paid meal
break of 20 minutes after four hours' work, to be paid for at the ordinary
rate of pay, but this will not prevent any arrangements being made for the
taking of a 30-minute meal period, the time in addition to the paid 20
minutes being without pay. In the event of an employee being required to
work in excess of a further four hours, the employee will be allowed to take
a paid rest break of 30 minutes which will be paid at the ordinary rate of
pay.
27. NIGHT SHIFT
Wherever it may be found necessary in the erection, alteration, renovation
or demolition of buildings to work wholly by night, or in two shifts, day and
night, the following terms and conditions will apply:
27.1 No employee who is employed during the ordinary hours will be employed
on night shift except on overtime rates or vice-versa.
27.2 Reasonable time will be allowed for a meal or meals during such shift.
27.3 In such cases where night shifts are worked and employment continues for
more than one week, employees will work five shifts per week of eight
hours. Employees on shift work will accrue 0.4 of one hour for each eight
hour shift worked to allow one complete shift to be taken off as a paid shift
for every twenty shift cycle. This twentieth shift entitlement will be in
accordance with Clause 23 - ordinary hours of work. This twentieth shift will
be paid for at the appropriate shift rate as prescribed by this clause and the
appropriate allowance under clause 14- travel.
27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will
accrue an additional 0.4 hours for each 8-hour shift worked that will accrue
as an RDO entitlement in accordance with Clause 23 - Ordinary Hours of
work.
27 .5 Paid leave taken during any cycle of four weeks and public holidays as
prescribed by clause 28 - Public holidays and holiday work will be regarded
as shifts worked for accrual purposes.
27.6 Except as provided above, employees not working a complete four-week
cycle will be paid accrued pro rata entitlement for each shift worked on a
programmed shift off or, in the case of termination of employment on
termination.
35
26.2 An employee required to work on a Saturday or Sunday will be afforded at least three hours' work on a Saturday or a Sunday or will be paid for four hours on a Saturday or a Sunday at the appropriate rate. Provided that on urgent service work an employee will be paid in accordance with 25.1(a) 26.3 An employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 26.4 An employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30-minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay. 27. NIGHT SHIFT Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night, or in two shifts, day and night, the following terms and conditions will apply: 27.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 27.2 Reasonable time will be allowed for a meal or meals during such shift. 27.3 In such cases where night shifts are worked and employment continues for more than one week, employees will work five shifts per week of eight hours. Employees on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift entitlement will be in accordance with Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 14- travel. 27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will accrue an additional 0.4 hours for each 8-hour shift worked that will accrue as an RDO entitlement in accordance with Clause 23 - Ordinary Hours of work. 27.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 28 - Public holidays and holiday work will be regarded as shifts worked for accrual purposes. 27.6 Except as provided above, employees not working a complete four-week cycle will be paid accrued pro rata entitlement for each shift worked on a programmed shift off or, in the case of termination of employment on termination. 35
27.7 The employer and employee will agree in writing upon arrangements for
rostered paid days off during the twenty shift cycle or for accumulation of
accrued days to be taken at or before the end of the particular contract,
provided that such accumulation will be limited to no more than five such
accrued days before they are taken as paid days off, and when taken those
days will be regarded as days worked for accrual purposes in the particular
twenty shift cycle.
27.8 Once such days have been rostered they will be taken as paid days off
provided that where the employer for emergency reasons requires an
employee to work on a rostered day off, the employee will be paid in
addition to their accrued entitlement, penalty rates prescribed in 25.1 (a).
27.9 An employee employed for less than five continuous shifts in any working
week will be paid in accordance with clause 25 - Overtime, and clause 26 -
Weekend Work. In cases where the employee has been employed on night
shift for more than one week continuously then in such cases if the job
finishes during the currency of the week's work the employer will be at
liberty to terminate the engagement and will pay to such employee the rate
fixed for night shift work for the time actually worked. In cases where less
than a full week is worked, due to the action of the employee, the rate
payable for the actual time worked will be ordinary night shift rates.
27.10 The rate of pay for night shift will be time and one half (150%).
27.11 The starting and finishing hours for night shift work will be agreed upon
mutually between the employer and a majority of affected employees. The
provisions relating to clause 23 -Ordinary Hours of work and Clause 29 -
Annual Leave apply to employees working shift work provided that the
starting time for ordinary night shift hours will not be before 3.00pm.
When an employee, after having worked overtime for which the employee
has not been regularly rostered or on a prescribed holiday, finishes work at
a time when reasonable means of transport are not available the employer
will pay the cost of or provide a conveyance to their home or to the nearest
public transport.
28. PUBLIC HOLIDA VS AND HOLIDAY WORK
An employee will be entitled to the following holidays without deduction of
pay:
New Years' Day Anzac Day
Australia Day Queen's Birthday
Good Friday Labour Day
Easter Saturday Christmas Day
Easter Monday Boxing Day
36
27.7 The employer and employee will agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days to be taken at or before the end of the particular contract, provided that such accumulation will be limited to no more than five such accrued days before they are taken as paid days off, and when taken those days will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 27.8 Once such days have been rostered they will be taken as paid days off provided that where the employer for emergency reasons requires an employee to work on a rostered day off, the employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 25.1(a). 27.9 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 25 - Overtime, and clause 26 - Weekend Work. In cases where the employee has been employed on night shift for more than one week continuously then in such cases if the job finishes during the currency of the week's work the employer will be at liberty to terminate the engagement and will pay to such employee the rate fixed for night shift work for the time actually worked. In cases where less than a full week is worked, due to the action of the employee, the rate payable for the actual time worked will be ordinary night shift rates. 27.10 The rate of pay for night shift will be time and one half (150%). 27.11 The starting and finishing hours for night shift work will be agreed upon mutually between the employer and a majority of affected employees. The provisions relating to clause 23 -Ordinary Hours of work and Clause 29 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 28. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay: New Years' Day Anzac Day Australia Day Queen's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day 36
Further, an employee will be entitled to any State Act or State declared
substitute days or additional days as observed in the particular state or
locality. Where the business is situated near a state or territory border and
the employer's operations traverse the border, the employer may elect to
follow a particular state or territory's public holidays, subject to agreement
with the affected employees.
In addition to the above mentioned holidays the following public holiday will
apply in the City of Newcastle - Show Day. This public holiday will be
observed on the local Show Day as gazetted for the City of Newcastle
when that day, in the locality of the employer's premises, occurs on an
employee's ordinary working day.
28.1 When public holidays fall on a weekend
(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be
observed on 27 December.
(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be
observed on 28 December.
(c) When New Year's Day or Australia Day is a Saturday or Sunday a
holiday in lieu will be observed on the following Monday.
(d) By agreement between an employer and the majority of employees'
other days may be substituted for the days prescribed in Clause 28.
28.2 Termination
(a) If the employer terminates the employment of an employee (except
for reasons of misconduct or incompetency) the employer will pay the
employee a day's ordinary wages for each holiday or each holiday in
a group which falls within ten consecutive calendar days after the day
of termination.
(b) Where any two or more of the holidays prescribed in this clause
occur within a seven-day span, such holiday will be a group of
holidays. If the first day of the group of holidays falls within ten
consecutive calendar days after termination, the whole group will be
deemed to fall within the ten consecutive calendar days. Christmas
Day, Boxing Day and New Year's Day will be regarded as a group.
(c) No employee will be entitled to receive payment from more than one
employer in respect to the same public holiday or groups of holidays.
28.3 Family Picnic Day
All employees covered by this Agreement will be entitled to Family Picnic
Day without loss of pay on the first Monday in December of each year. An
employee required to work on picnic day will be paid at the rate of double
37
Further, an employee will be entitled to any State Act or State declared substitute days or additional days as observed in the particular state or locality. Where the business is situated near a state or territory border and the employer's operations traverse the border, the employer may elect to follow a particular state or territory's public holidays, subject to agreement with the affected employees. In addition to the above mentioned holidays the following public holiday will apply in the City of Newcastle - Show Day. This public holiday will be observed on the local Show Day as gazetted for the City of Newcastle when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day. 28.1 When public holidays fall on a weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. (d) By agreement between an employer and the majority of employees' other days may be substituted for the days prescribed in Clause 28. 28.2 Termination (a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven-day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 28.3 Family Picnic Day All employees covered by this Agreement will be entitled to Family Picnic Day without loss of pay on the first Monday in December of each year. An employee required to work on picnic day will be paid at the rate of double 37
time and a half and paid for not less than four hours' work. Proof of
attendance at the Picnic Day may be requested by the employer to entitle
the employee for payment for the Family Picnic Day.
28.4 Payment For Working On A Public Holiday
An employee who works on any of the public holidays or substitute days
prescribed in this clause, will be paid at the rate of double time and a half
for all time worked. An employee required to perform any work on a public
holiday will be afforded at least four hours' work or paid for four hours at
the appropriate rate.
29. ANNUAL LEAVE
29.1 The provision of annual leave under this agreement shall be in accordance
with the National Employment Standards (NES).
29.2 Method of taking leave
(a) Either 28 consecutive days, or two separate periods of not less than
seven consecutive days in all cases exclusive of any public holidays
will be given and taken within six months from the date when the right
to annual leave accrued. The employer and employee will seek to
reach agreement on the taking of annual leave at a mutually
convenient time(s). If not taken within six months from the date it
accrued, either the employer or employee may give at least four
weeks' notice of the dates when all, or part of the accrued leave will be
taken.
(b) Where an employee requests that leave be allowed in one continuous
period such request will not be unreasonably refused.
(c) Continuous shift workers will be entitled to 5 weeks of paid annual
leave, in accordance with s.87(1 )(b)(ii) of the Fair Work Act 2009 (Cth)
(d) In the circumstances where a public holiday falls within one day of a
weekend or another public holiday the provisions of 29.2(a) may be
altered by agreement between the employer and a majority of
employees affected under this Agreement to provide that a day of
annual leave entitlement may be granted on the day between the said
public holidays and/or weekend if an employee, or employer, requests
it.
29.3 Leave allowed before due date
(a) An employer may allow an employee to take any amount of annual
leave before it becomes due. In such circumstances an employee
cannot take further leave in advance of their accrued balance until
38
time and a half and paid for not less than four hours' work. Proof of attendance at the Picnic Day may be requested by the employer to entitle the employee for payment for the Family Picnic Day. 28.4 Payment For Working On A Public Holiday An employee who works on any of the public holidays or substitute days prescribed in this clause, will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours' work or paid for four hours at the appropriate rate. 29 .. ANNUAL LEAVE 29.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 29.2 Method of taking leave (a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays will be given and taken within six months from the date when the right to annual leave accrued. The employer and employee will seek to reach agreement on the taking of annual leave at a mutually convenient time(s). If not taken within six months from the date it accrued, either the employer or employee may give at least four weeks' notice of the dates when all, or part of the accrued leave will be taken. (b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) (d) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of 29.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it. 29.3 Leave allowed before due date (a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot take further leave in advance of their accrued balance until 38
after the date the employee becomes entitled to the leave that was
taken in advance.
(b) Where an employer has allowed an employee to take annual leave
pursuant to 29.2(a) and the employee's services are terminated (for
any reason) prior to the date the employee becomes entitled to the
leave that was taken in advance, the employer may, for each complete
week of the qualifying period of service not served by the employee,
deduct from whatever remuneration is payable upon the termination of
employment one-fifty second of the amount of wages paid on account
of annual leave.
29.4 Payment for annual leave on termination
(a) Rate of pay:
Where an employee leaves or their employment is terminated, the
employee will be paid their accrued balance of annual leave.
(b) Annual leave loading:
In addition, the employee will receive a loading of 17.5% calculated on
the rates, prescribed by Appendix's Rates of Pay.
29.5 Payment for periods of leave
(a) Payment in advance
An employee, before going on annual leave, will be paid in advance at
their current weekly wage rate (including leading hand allowance, if
applicable) for the period of annual leave.
(b) Annual leave loading
In addition, during a period of annual leave an employee will receive a
loading of 17.5 percent calculated on the hourly rate in Appendix I
29.6 Annual close down
Despite anything contained in this agreement an employer giving any
leave in conjunction with the Christmas - New Year holidays may either:
(i) Stand off without pay during the period of leave any employee who
has not yet qualified under 29.1, or
(ii) Where the employer decides to close down an establishment at the
Christmas - New Year period for the purpose of giving the whole of
the annual leave due to all, or the majority of employees qualified for
such leave, the employer will give at least two months' notice to
employees of their intention so to do.
39
after the date the employee becomes entitled to the leave that was taken in advance. (b) Where an employer has allowed an employee to take annual leave pursuant to 29.2(a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one-fifty second of the amount of wages paid on account of annual leave. 29.4 Payment for annual leave on termination (a) Rate of pay: Where an employee leaves or their employment is terminated, the employee will be paid their accrued balance of annual leave. (b) Annual leave loading: In addition, the employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix's Rates of Pay. 29.5 Payment for periods of leave (a) Payment in advance An employee, before going on annual leave, will be paid in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave. (b) Annual leave loading In addition, during a period of annual leave an employee will receive a loading of 17.5 percent calculated on the hourly rate in Appendix I 29.6 Annual close down Despite anything contained in this agreement an employer giving any leave in conjunction with the Christmas - New Year holidays may either: Stand off without pay during the period of leave any employee who has not yet qualified under 29.1, or (ii) Where the employer decides to close down an establishment at the Christmas - New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of employees qualified for such leave, the employer will give at least two months' notice to employees of their intention so to do. 39
29. 7 Commencement of leave - distant jobs
If an employee is still engaged on a distant job when annual leave is
granted and the employee returns to the place of engagement, or, if
employed prior to going to the distant job, the place regarded as their
headquarters, by the first reasonable means of transport, their annual
leave will commence on the first full working day following their return to
such place of engagement or headquarters as the case may be.
30. PERSONAL LEAVE
30.1 The provisions of personal leave under this agreement shall be in
accordance with the National Employment Standards (NES).
Paid personal leave will be available to an employee when they are absent
due to:
(i) personal illness or injury (sick leave); or
(ii) providing care or support to a member of the employee's immediate
family or a member of the employee's household who requires care or
support because of:
• a personal illness or injury, or
• an unexpected emergency affecting the employee (carer's leave).
30.2 The amount of personal leave to which an employee is entitled is as
follows:
(a) One day in the first month and then one additional day at the beginning
of each of the next nine calendar months, will be available in the first
year of employment, and
(b) Ten days at the beginning of the employee's second and each
subsequent year which, subject to 30.5 will commence on the
anniversary of engagement.
(c) An employee's personal leave entitlement is the current year's personal
leave plus any accumulated personal leave available to the employee.
30.3 In any year unused personal leave accumulates at the rate of the lesser of:
(a) Ten days less the number of sick leave and carer's leave days taken
from the current year's personal leave entitlements;
(b) The balance of that year's unused personal leave.
40
29.7 Commencement of leave - distant jobs If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or, if employed prior to going to the distant job, the place regarded as their headquarters, by the first reasonable means of transport, their annual leave will commence on the first full working day following their return to such place of engagement or headquarters as the case may be. 30. PERSONAL LEAVE 30.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). Paid personal leave will be available to an employee when they are absent due to: )personal illness or injury (sick leave); or i) providing care or support to a member of the employee's immediate family or a member of the employee's household who requires care or support because of: · a personal illness or injury, or · an unexpected emergency affecting the employee (carer's leave). 30.2 The amount of personal leave to which an employee is entitled is as follows: (a) One day in the first month and then one additional day at the beginning of each of the next nine calendar months, will be available in the first year of employment, and (b) Ten days at the beginning of the employee's second and each subsequent year which, subject to 30.5 will commence on the anniversary of engagement. (c) An employee's personal leave entitlement is the current year's personal leave plus any accumulated personal leave available to the employee. 30.3 In any year unused personal leave accumulates at the rate of the lesser of: (a) Ten days less the number of sick leave and carer's leave days taken from the current year's personal leave entitlements; (b) The balance of that year's unused personal leave. 40
30.4 Personal leave accumulates from year to year.
30.5 If an employee is terminated by the employer and is re-engaged within a
period of six months then the employee's unclaimed balance of personal
leave will continue from the date of re-engagement.
30.6 In such a case the employee's next year of service will commence after a
total of twelve months has been served with the employer (excluding the
period of interruption in service) since either:
(a) The employee was first engaged, or
(b) The anniversary of their original engagement as appropriate.
30. 7 Immediate family or household
(a) The entitlement to use personal leave for the purpose of carer's or
bereavement leave is subject to the person in respect of whom the
leave is being taken being either:
(i) a member of the employee's immediate family; or
(ii) a member of the employee's household
(b) The term immediate family includes:
(i) spouse (including a former spouse, a de facto spouse and a former de
facto spouse) of the employee. A de facto spouse means a person of
the same or opposite sex to the employee who lives with the employee
as husband or wife on a bona fide domestic basis; and
(ii)child or an adult child (including an adopted child, a stepchild or an ex
nuptial child), parent, grandparent, grandchild or sibling of the employee
or spouse of the employee.
30.8 Sick leave
The provision of sick leave under this agreement shall be in accordance
with the National Employment Standards (NES).
30.9 Carer's leave
The provision of carer's leave under this agreement shall be in accordance
with the National Employment Standards (NES).
31. COMPASSIONATE LEAVE
The provision of Compassionate leave under this agreement shall be in
accordance with the National Employment Standards (NES).
41
30.4 Personal leave accumulates from year to year. 30.5 If an employee is terminated by the employer and is re-engaged within a period of six months then the employee's unclaimed balance of personal leave will continue from the date of re-engagement. 30.6 In such a case the employee's next year of service will commence after a total of twelve months has been served with the employer (excluding the period of interruption in service) since either: (a) The employee was first engaged, or (b) The anniversary of their original engagement as appropriate. 30.7 Immediate family or household (a) The entitlement to use personal leave for the purpose of carer's or bereavement leave is subject to the person in respect of whom the leave is being taken being either: (i) a member of the employee's immediate family; or (ii) a member of the employee's household (b) The term immediate family includes: (i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the same or opposite sex to the employee who lives with the employee as husband or wife on a bona fide domestic basis; and (ii) child or an adult child (including an adopted child, a stepchild or an ex- nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 30.8 Sick leave The provision of sick leave under this agreement shall be in accordance with the National Employment Standards (NES). 30.9 Carer's leave The provision of carer's leave under this agreement shall be in accordance with the National Employment Standards (NES). 31. COMPASSIONATE LEAVE The provision of Compassionate leave under this agreement shall be in accordance with the National Employment Standards (NES). 41
32. PARENTAL LEAVE
33.
The provision of parental leave under this agreement shall be in accordance
with the National Employment Standards (NES).
WORK HEAL TH AND SAFETY & DISPUTES SETTLING PROCEDURE
The parties to this Agreement commit themselves to the establishment and
maintenance of a safe and healthy working environment, in accordance
with the Work Health and Safety Act 2011.
33.1 Resolving Health and Safety Issues
a) When a health and safety issues arise, the matter should be
referred to the Employer's safety representative or supervisor. The
supervisor shall discuss the matter with the person and the elected
employee Health & Safety Representative (HSR) (if on site) with a
view to agreeing on a safe working procedure to minimise and
eliminate where possible the risk of injury or disease.
b) Where the supervisor or the HSR reasonably consider there is an
immediate risk to the health and safety of any person they must
immediately consult, and if the concern remains unresolved, they
may, jointly or singularly, direct that work in that particular area, or
by that particular method, cease (immediate risk means that there
is a degree of danger which is likely to cause injury or disease
before the risk can be eliminated).
c) Work in the affected area(s) shall cease and employees shall be
relocated to work in alternative safe areas where work is available
in their classification.
d) Employees may be relocated to other job sites where there is safe
work available in their classification.
e) Where there is no work available for the particular employees, they
shall remain on site and make themselves readily available for
resumption of work without loss of pay. Failure to do so shall
negate any claim for payment. Provided that the Employer will not
unreasonably require employees to remain for an unreasonable
time period where there is no reasonable prospect of a resumption
of work that day.
f) Where work in an affected area has ceased in accordance with this
clause, the Employer may require particular employees to perform
rectification work in the affected area, where such rectification work
is of the same type as the employee's trade including
housekeeping in their particular work area. For clarity, this does not
include dewatering. Those employees who remain on site to
perform rectification work will be paid overtime rates during the
period in which they perform the rectification work.
42
32. PARENTAL LEAVE The provision of parental leave under this agreement shall be in accordance with the National Employment Standards (NES). 33. WORK HEALTH AND SAFETY & DISPUTES SETTLING PROCEDURE The parties to this Agreement commit themselves to the establishment and maintenance of a safe and healthy working environment, in accordance with the Work Health and Safety Act 2011 33.1 Resolving Health and Safety Issues a) When a health and safety issues arise, the matter should be referred to the Employer's safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected employee Health & Safety Representative (HSR) (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease. b) Where the supervisor or the HSR reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated). c) Work in the affected area(s) shall cease and employees shall be relocated to work in alternative safe areas where work is available in their classification. d) Employees may be relocated to other job sites where there is safe work available in their classification. e) Where there is no work available for the particular employees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day. f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular employees to perform rectification work in the affected area, where such rectification work is of the same type as the employee's trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work. 42
g) At all times, the elected employee HSR may seek the assistance of
a Representative in accordance with the applicable legislation, and
the supervisor may also seek advice or assistance.
h) Where the supervisor and the employee HSR cannot agree on a
procedure, either party may call in a Safe work Inspector, who may
provide advice on the proposed procedure.
i) The supervisor and the employee HSR shall agree on the best
method of rectifying the problem.
j) At all times, employees must not work in situations where there is a
genuine risk to their health and safety.
k) A dispute relating to the subject matter of this clause may be dealt
with via the dispute resolution procedure below.
33.2 Resolving Other Issues
34.
34.1
34.2
a) Where a dispute arises over permitted matters (as currently
defined in the Fair Work Act), the application of this Agreement or
the NES, the matter shall be first submitted by the Union,
employee or Employee Representative (if any) to the supervising
officer or another appropriate manager, or vice versa. If not settled,
the matter may be referred to more senior persons.
b) While this procedure is being followed the status quo that existed
immediately prior to the events that gave rise to the dispute will
remain and, subject to this, work shall continue normally where it is
agreed that there is an existing custom and practice, but in other
cases the work shall continue at the instruction of the Employer.
Failure to continue shall be a breach of the Agreement.
INCLEMENT WEATHER
Inclement weather will mean the existence of abnormal climatic
conditions such as rain, hail, snow, cold, high wind, smoke, severe dust
storm, extreme of high temperature or the like (or any combination of
these) during which it is either not reasonable or not safe for employees
exposed thereto to continue working.
Process to be followed:
• Employees or their representative may request to meet with the
employer or their representative for the purposes of determining
whether or not conditions are inclement. Such meeting shall occur
within 30 minutes of the scheduled starting time or the weather
43
g) At all times, the elected employee HSR may seek the assistance of a Representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance. h) Where the supervisor and the employee HSR cannot agree on a procedure, either party may call in a Safe work Inspector, who may provide advice on the proposed procedure. i) The supervisor and the employee HSR shall agree on the best method of rectifying the problem. j) At all times, employees must not work in situations where there is a genuine risk to their health and safety. k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below. 33.2 Resolving Other Issues a) Where a dispute arises over permitted matters (as currently defined in the Fair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, employee or Employee Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons. b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement. 34. INCLEMENT WEATHER 34.1 Inclement weather will mean the existence of abnormal climatic conditions such as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme of high temperature or the like (or any combination of these) during which it is either not reasonable or not safe for employees exposed thereto to continue working. 34.2 Process to be followed: . Employees or their representative may request to meet with the employer or their representative for the purposes of determining whether or not conditions are inclement. Such meeting shall occur within 30 minutes of the scheduled starting time or the weather 43
becoming inclement;
• Employees are required to remain on the site until this meeting has
occurred and a decision has been made; and
• If the employer refuses to meet within this time, employees will be
entitled to cease work for the rest of the day and be paid in accordance
with this clause.
34.3 Once the meeting has occurred, the following shall apply:
Transfers
34.4 Employees may be transferred to an area or site not affected by
inclement weather if useful work that is within the scope of the
employees' skill, competence and training consistent with the
classification structure of this agreement is available at that site,
provided:
• a covered walkway and or adequate protection for the employee and
their tools has been provided to access the new site or to access
vehicles to transport the employees to the new site;
• the new site is under cover and the employees can get to the dry
area without going through the rain;
• adequate protection for the employee's tools is provided; and
• Employees have access to all amenities without having to walk
through the rain.
34.5 Where an employee is required to transfer from one site to another, they
will be reimbursed the cost of transport at the rate of $0. 78 per
kilometer.
Remaining on Site
34.6 Where, because of inclement weather, the employees are prevented from
working and have been sitting in the sheds for:
• more than an accumulated total of 4 hours of ordinary time in any 1
day;or
• more than 50 percent of the normal afternoon work time after the
meal break; or
• more than 50 percent of the normal afternoon work time after the
meal break; or
• more than an accumulated total of one hour during the final 2 hours
of the normal workday; or
• the reason that they are unable to access the amenities.
44
becoming inclement; · Employees are required to remain on the site until this meeting has occurred and a decision has been made; and · If the employer refuses to meet within this time, employees will be entitled to cease work for the rest of the day and be paid in accordance with this clause. 34.3 Once the meeting has occurred, the following shall apply: Transfers 34.4 Employees may be transferred to an area or site not affected by inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site, provided: · a covered walkway and or adequate protection for the employee and their tools has been provided to access the new site or to access vehicles to transport the employees to the new site; · the new site is under cover and the employees can get to the dry area without going through the rain; · adequate protection for the employee's tools is provided; and · Employees have access to all amenities without having to walk through the rain. 34.5 Where an employee is required to transfer from one site to another, they will be reimbursed the cost of transport at the rate of $0.78 per kilometer. Remaining on Site 34.6 Where, because of inclement weather, the employees are prevented from working and have been sitting in the sheds for: · more than an accumulated total of 4 hours of ordinary time in any 1 day; or · more than 50 percent of the normal afternoon work time after the meal break; or . more than 50 percent of the normal afternoon work time after the meal break; or · more than an accumulated total of one hour during the final 2 hours of the normal workday; or · the reason that they are unable to access the amenities. 44
34. 7 Employees will be entitled to cease work and leave the site for the day and
shall be paid in accordance with this clause.
Rain at Starting Time or During Breaks
34.8 When the employees are in the sheds, be it at starting time, break time or
lunch time, and it is raining, they are to remain in the sheds.
34.9 Employees may be required to go to work in a dry area or be transferred to
another site that is not affected by the inclement weather provided:
• a covered walkway and or adequate protection for the employee and
their tools has been provided;
• the sheds are under cover and the employees can get to the dry area
without going through the rain; and
• Employees have access to all amenities.
Employees Required to Work in Inclement Weather
34.10 The employer may only request an employee work in inclement weather in
the event of an emergency or issue affecting health and safety on
site. Employees are only obliged to perform such work as is essential to
overcome the emergency and to restore an acceptable service and/or to
secure or make safe as circumstances require. Employees engaged on such
work will be paid at the rate of double time.
34.11 Where the employer requires an employee to work in inclement weather, the
employee will be reimbursed in full the cost of appropriate protective
clothing, except where the employer provides such protective clothing.
34.12 If the employee's clothing becomes wet as a result of working in wet weather
and they do not have a change of dry work clothes, they will be entitled, at
the completion of the work, to cease work for the day without loss of pay.
Entitlement to Payments
34.13 Should employees be sent home or not required to attend work due to
inclement weather they shall be entitled to payment by their employer for
ordinary time lost for up to, but not more than 32 hours in every period of 4
weeks.
34.14 The following conditions will apply:
• The first period will commence on the first Monday on or after the 1
January each year, and subsequent periods will commence at four
weekly periods thereafter;
• The employee will be credited with 32 hours at the commencement of
each four-weekly period. Hours will not accumulate or be carried over;
• When an employee commences employment during a four-weekly
45
34.7 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. Rain at Starting Time or During Breaks 34.8 When the employees are in the sheds, be it at starting time, break time or lunch time, and it is raining, they are to remain in the sheds. 34.9 Employees may be required to go to work in a dry area or be transferred to another site that is not affected by the inclement weather provided: · a covered walkway and or adequate protection for the employee and their tools has been provided; . the sheds are under cover and the employees can get to the dry area without going through the rain; and · Employees have access to all amenities. Employees Required to Work in Inclement Weather 34.10 The employer may only request an employee work in inclement weather in the event of an emergency or issue affecting health and safety on site. Employees are only obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make safe as circumstances require. Employees engaged on such work will be paid at the rate of double time. 34.11 Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing. 34.12 If the employee's clothing becomes wet as a result of working in wet weather and they do not have a change of dry work clothes, they will be entitled, at the completion of the work, to cease work for the day without loss of pay. Entitlement to Payments 34.13 Should employees be sent home or not required to attend work due to inclement weather they shall be entitled to payment by their employer for ordinary time lost for up to, but not more than 32 hours in every period of 4 weeks. 34.14 The following conditions will apply: . The first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter; . The employee will be credited with 32 hours at the commencement of each four-weekly period. Hours will not accumulate or be carried over; · When an employee commences employment during a four-weekly 45
period, they will be credited eight hours for each week, or part of a week,
that they are employed during the four-weekly period; and
• The number of hours credited to an employee will be reduced by the
number of hours for which payment is made.
34.15 Payment under this clause will be weekly.
35. PROTECTIVE CLOTHING
35.1 Within 152 Hours worked, all new employees will receive the following
Protective Clothing:
(a) Two (2) Long Sleeve or Short Sleeve Shirts
(b) Two (2) Pairs of Trousers or Shorts or Overalls
(c) One (1) Pair Boots to the value of up to $125.00
(d) One (1) Jacket
35.2 Protective Clothing shall be replaced on a fair wear and tear basis.
35.3 The protective clothing detailed above shall be divided into two issues and
distributed to employees as a summer and winter issue.
35.4 Where an employee is required to wear protective clothing other than that
provided for above and/or use protective equipment as stipulated by an
applicable law, the employer must reimburse the employee for the cost of
such protective clothing and/or equipment. This will not apply where the
clothing and/or equipment is paid for by the employer.
35.5 The clothing detailed above can be varied following agreement between
the employer and the consultative committee.
36 COMPENSATION FOR TOOLS AND CLOTHING
36.1 An employee whose clothes, spectacles, hearing aid, or tools have been
accidentally spoilt by acid, sulphur or other substances will be paid such
amount to cover the loss as may be agreed upon with their employer.
36.2 An employee will be reimbursed by the employer to a maximum of $1500
for loss of tools or clothing by fire or breaking and entering whilst securely
stored at the employer's direction in a room or building on the employer's
premises, job or workshop or if the tools are lost or stolen while being
transported by the employee at the employers' direction, or if the tools are
accidentally lost over water or if tools are lost or stolen during an
46
period, they will be credited eight hours for each week, or part of a week, that they are employed during the four-weekly period; and . The number of hours credited to an employee will be reduced by the number of hours for which payment is made. 34.15 Payment under this clause will be weekly. 35. PROTECTIVE CLOTHING 35.1 Within 152 Hours worked, all new employees will receive the following Protective Clothing: (a) Two (2) Long Sleeve or Short Sleeve Shirts (b) Two (2) Pairs of Trousers or Shorts or Overalls (c) One (1) Pair Boots to the value of up to $125.00 (d) One (1) Jacket 35.2 Protective Clothing shall be replaced on a fair wear and tear basis. 35.3 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 35.4 Where an employee is required to wear protective clothing other than that provided for above and/or use protective equipment as stipulated by an applicable law, the employer must reimburse the employee for the cost of such protective clothing and/or equipment. This will not apply where the clothing and/or equipment is paid for by the employer. 35.5 The clothing detailed above can be varied following agreement between the employer and the consultative committee. 36 COMPENSATION FOR TOOLS AND CLOTHING 36.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss as may be agreed upon with their employer. 36.2 An employee will be reimbursed by the employer to a maximum of $1500 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or if the tools are lost or stolen while being transported by the employee at the employers' direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an 46
employee's absence after leaving the job because of injury or illness. An
employee transporting their own tools will take all reasonable care to
protect those tools and prevent theft or loss.
36.3 Where an employee is absent from work because of illness or accident
and has advised the employer in accordance with clause 30 - Personal
leave, the employer will ensure that the employee's tools are securely
stored during his/her absence. In the event that these tools are lost or
stolen, clause 36.2 applies.
36.4 When the employer requires an employee to wear spectacles with
toughened glass lenses the employer will pay for the toughening process
or the cost of the new lenses.
36.5 For the purposes of this clause:
(a) Only tools used by the employee in the course of their employment will
be covered by this clause. In that regard a list of tools appropriate for
this purpose is contained at Appendix 5.
(b) The employee will, if requested to do so, furnish the employer with a
list of tools so used.
(c) Reimbursement will be at the current replacement value of new tools
of the same or comparable quality.
(d) The employee will report any theft to the company and the police prior
to making a claim on the employer for replacement of stolen tools.
37 PRESENTING FOR WORK BUT NOT REQUIRED
An employee, if engaged and presenting for work to commence
employment and not being required will be entitled to at least eight hours'
work or payment therefore at ordinary rates, plus the appropriate
allowance prescribed by clause 14 - Travel Allowance. This clause will
not apply if the services of an employee are not required by reason of
inclement weather in which case the provisions of clause 34 - Inclement
Weather, will apply.
38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
38.1 This clause applies to all employees, including casuals.
38.2 Definitions:
In this clause:
47
employee's absence after leaving the job because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 36.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 30 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 36.2 applies. 36.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 36.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained at Appendix 5. (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. (c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the company and the police prior to making a claim on the employer for replacement of stolen tools. 37 PRESENTING FOR WORK BUT NOT REQUIRED An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours' work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by clause 14 - Travel Allowance. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of clause 34 - Inclement Weather, will apply. 38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 38.1 This clause applies to all employees, including casuals. 38.2 Definitions: In this clause: 47
Family and domestic violence means violent, threatening or other abusive
behaviour by a family member of an employee that seeks to coerce or
control the employee and that causes them harm or to be fearful.
Family Member Means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or
sibling of the employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de
facto partner of the employee; or
(iii) a person related to the employee according to Aboriginal or Torres
Strait Islander kinship rules.
A reference to a spouse or de facto partner in the definition of family
member in clause 38.2(a) includes a former spouse or de facto partner.
38.3 Entitlement To Unpaid Leave
An employee is entitled to 5 days' unpaid leave to deal with family and
domestic violence, as follows:
(a) the leave is available in full at the start of each 12 month period of the
employee's employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note:
1. A period of leave to deal with family and domestic violence may be
less than a day by agreement between the employee and the
employer.
2. The employer and employee may agree that the employee may
take more than 5 days' unpaid leave to deal with family and domestic
violence.
38.4 Taking Unpaid Leave
An employee may take unpaid leave to deal with family and domestic
violence if the employee:
(a) is experiencing family and domestic violence; and
(b) needs to do something to deal with the impact of the family and
domestic violence and it is impractical for the employee to do that
thing outside their ordinary hours of work.
48
Family and domestic violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful. Family Member Means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules. A reference to a spouse or de facto partner in the definition of family member in clause 38.2(a) includes a former spouse or de facto partner. 38.3 Entitlement To Unpaid Leave An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12 month period of the employee's employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual employees. Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer. 2. The employer and employee may agree that the employee may take more than 5 days' unpaid leave to deal with family and domestic violence. 38.4 Taking Unpaid Leave An employee may take unpaid leave to deal with family and domestic violence if the employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work. 48
Note: The reasons for which an employee may take leave include making
arrangements for their safety or the safety of a family member (including
relocation), attending urgent court hearings, or accessing police services.
38.5 Service And Continuity
The time an employee is on unpaid leave to deal with family and domestic
violence does not count as service but does not break the employee's
continuity of service.
38.6 Notice And Evidence Requirements
(a) Notice An employee must give their employer notice of the taking of
leave by the employee under clause 38. The notice:
(i) must be given to the employer as soon as practicable (which may be
a time after the leave has started); and
(ii) must advise the employer of the period, or expected period, of the
leave.
(b) Evidence
An employee who has given their employer notice of the taking of leave
under clause 38 must, if required by the employer, give the employer
evidence that would satisfy a reasonable person that the leave is taken for
the purpose specified in clause 38.4.
38.7 Note:
Depending on the circumstances such evidence may include a document
issued by the police service, a court or a family violence support service, or
a statutory declaration.
38.8 Confidentiality
Employers must take steps to ensure information concerning any notice an
employee has given, or evidence an employee has provided under clause
38.6 is treated confidentially, as far as it is reasonably practicable to do so.
Nothing in clause 38 prevents an employer from disclosing information
provided by an employee if the disclosure is required by an Australian law
or is necessary to protect the life, health or safety of the employee or
another person.
Note: Violence is sensitive and if mishandled can have adverse
consequences for the employee. Employers should consult with such
employees regarding the handling of this information.
Compliance
49
Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services. 38.5 Service And Continuity The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee's continuity of service. 38.6 Notice And Evidence Requirements (a) Notice An employee must give their employer notice of the taking of leave by the employee under clause 38. The notice: (i) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (ii) must advise the employer of the period, or expected period, of the leave. (b) Evidence An employee who has given their employer notice of the taking of leave under clause 38 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 38.4. 38.7 Note: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. 38.8 Confidentiality Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 38.6 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in clause 38 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person. Note: Violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. Compliance 49
39.
39.1
39.2
An employee is not entitled to take leave under clause 38 unless the
employee complies with clause 38.
DISPUTES SETTLEMENT PROCEDURES
A major objective of this Agreement is to eliminate lost time and/or
production arising out of disputes or grievances. Disputes over any work
related or industrial matter or any matters arising out of the operation of the
Agreement or disputes concerning the National Employment Standards or
incidental to the operation of the Agreement should be dealt with as close
to its source as possible. Disputes over matters arising from this
Agreement or disputes concerning the National Employment Standards ( or
any other dispute related to the employment relationship) shall be dealt
with according to the following procedure.
In the event of any work-related grievance arising between the Enterprise
and an employee or employees, the matter shall be dealt with in the
following manner where at each step an employee may be represented
including for the purposes of a formal determination procedure by the Fair
Work Commission:
(a) The matter shall be first submitted by the employee/s or his/her
employee representative or other representative to the site
foreperson, supervisor or the other appropriate site representative of
the Enterprise, and if not settled, to a more senior Enterprise
representative.
(b) Alternatively, the Enterprise may submit an issue to the employee/s
who may seek the assistance and involvement of the employee
representative or other representative.
(c) Work shall continue without interruption from industrial stoppages,
bans and/or limitations while these procedures are being followed.
The pre-dispute status quo shall prevail while the matter is being
dealt with in accordance with this procedure.
(d) If still not resolved, there may be discussions between the relevant
Employee Representative official (if requested by the employee/s), or
other representative of the employee, and senior Enterprise
representative.
(e) The relevant Employee Representative commits to make him/herself
available to be involved at any stage of the procedure as required, or
in respect of any potential dispute.
(f) Either party may, refer the matter to the Fair Work Commission
(FWC) for review. The FWC may exercise its conciliation and/or
arbitration powers in such review.
50
An employee is not entitled to take leave under clause 38 unless the employee complies with clause 38. 39 DISPUTES SETTLEMENT PROCEDURES 39.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or disputes concerning the National Employment Standards or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement or disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 39.2 In the event of any work-related grievance arising between the Enterprise and an employee or employees, the matter shall be dealt with in the following manner where at each step an employee may be represented including for the purposes of a formal determination procedure by the Fair Work Commission: (a) The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Enterprise, and if not settled, to a more senior Enterprise representative. (b) Alternatively, the Enterprise may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. (c) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. (d) If still not resolved, there may be discussions between the relevant Employee Representative official (if requested by the employee/s), or other representative of the employee, and senior Enterprise representative. (e) The relevant Employee Representative commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. (f) Either party may, refer the matter to the Fair Work Commission (FWC) for review. The FWC may exercise its conciliation and/or arbitration powers in such review. 50
39.3 This procedure shall be followed in good faith without unreasonable
delay.
39.4 If any party fails or refuses to follow any step of this procedure the non
breaching party will not be obligated to continue through the remaining
steps of the procedure and may immediately seek relief by application to
the FWC.
39.5 Conciliation
(a) The person(s) who raised the dispute, or his or her expressly
nominated representative (organisation or agent), may refer the
dispute to the FWC for private conciliation.
(b) Before the process commences the FWC may confer with the
parties informally about matters of procedure, such as:
i. the presentation of each side's position (whether oral or in
writing);
ii. confidentiality requirements;
iii. representation at the private conciliation;
iv. timing, location and duration of the conciliation;
v. whether a telephone conference is all that is needed in the first
instance; and
vi. any further particulars about the FWC's role in relation to
establishing procedures.
(c) Subject to the preceding clause, it is agreed that the FWC will
observe confidentiality about all aspects of the dispute, and,
consistent with its expected role to this point, may do such
things as:
i. help the parties identify and define the matters in dispute;
ii. help the parties to develop a procedure which is aimed at
achieving resolution of the dispute quickly, fairly and cost
effectively;
iii. where appropriate, suggest particular dispute resolution
techniques for individual issues aimed at narrowing the matters
in dispute quickly, fairly and cost-effectively; and
iv. act as the facilitator of direct negotiations between the parties.
(d) The parties further agree that during the conciliation, the FWC may,
at its discretion, discuss the matter(s) in dispute privately with any of
the parties to the dispute or their representatives. The FWC shall
keep confidential the content of any such discussion and shall not
51
39.3 This procedure shall be followed in good faith without unreasonable delay. 39.4 If any party fails or refuses to follow any step of this procedure the non- breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to the FWC. 39.5 Conciliation (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the FWC for private conciliation. (b) Before the process commences the FWC may confer with the parties informally about matters of procedure, such as: i. the presentation of each side's position (whether oral or in writing); ii. confidentiality requirements; iii. representation at the private conciliation; iv. timing, location and duration of the conciliation; v. whether a telephone conference is all that is needed in the first instance; and vi. any further particulars about the FWC's role in relation to establishing procedures. (c) Subject to the preceding clause, it is agreed that the FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: i. help the parties identify and define the matters in dispute; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost- effectively; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; and iv. act as the facilitator of direct negotiations between the parties. (d) The parties further agree that during the conciliation, the FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The FWC shall keep confidential the content of any such discussion and shall not 51
expressly or impliedly convey the content of such discussion (or part
thereof) unless specifically authorised to do so.
( e) If the FWC is of the view that having completed the above process
the matter(s) in dispute remains unresolved, it may:
i. make suggestions for resolution of the dispute;
ii. express opinions as to what would constitute a reasonable
resolution of the dispute, or any part thereof; or
iii. if the matter in dispute is not resolved, it may within seven (7) days
of notice of termination provide a written report to the parties
expressing the FWC's opinion of what would constitute a
reasonable resolution of the dispute, or any part thereof.
(f) Any function performed by the FWC in this regard is advisory only
and is not binding upon the parties.
39.6 Formal Determination
(a) If the matter(s) in dispute remain unresolved the FWC may make a
formal determination.
(b) The FWC, in making its formal determination, will ensure that the
formal determination be consistent with the "Code for the
Tendering and Performance of Building Work 2016".
(c) The parties agree to abide by the determination.
(d) An employee/s may be represented for the purposes of a formal
determination procedure by the Fair Work Commission.
(e) Before making its determination the FWC will give the parties an
opportunity to be heard formally on the matter(s) in dispute. In
making its determination the FWC will only have regard to the
materials, including witness evidence, and submissions put before
it at the hearing and will disregard any admissions, concessions,
offers or claims made in mediation.
(f) The FWC can make and issue directions in relation to the
process leading to its determination and the parties will abide by
those directions.
(g) The FWC will provide the determination in writing to the parties as
quickly as practicable after hearing the parties. A determination of
the disputed matter or matters will not constitute an order by the
FWC under the Fair Work Act 2009.
39.7 This procedure shall be followed in good faith without unreasonable delay.
52
expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. (e) If the FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: i. make suggestions for resolution of the dispute; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the FWC's opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. (f) Any function performed by the FWC in this regard is advisory only and is not binding upon the parties. 39.6 Formal Determination (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The FWC, in making its formal determination, will ensure that the formal determination be consistent with the "Code for the Tendering and Performance of Building Work 2016". (c) The parties agree to abide by the determination. (d) An employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Act 2009. 39.7 This procedure shall be followed in good faith without unreasonable delay. 52
39.8 If any party fails or refuses to follow any step of this procedure the non
breaching party will not be obligated to continue through the remaining
steps of the procedure and may immediately seek relief by application to
the FWC.
40. ANTI-DISCRIMINATION
40.1 It is the intention of the parties to this Agreement to achieve the principal
object in s3 (e) of the Fair Work Act 2009 through respecting and valuing
the diversity of the workforce by helping to prevent and eliminate
discrimination on the basis of race, colour, sex preference, age, physical or
mental disability, marital status, family responsibilities, pregnancy, religion,
political opinion, national extraction or social origin.
40.2 Accordingly, in fulfilling their obligations under the settlement of disputes
clause, the respondents must make every endeavour to ensure that neither
the agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
40.3 Nothing in this clause is to be taken to affect any different treatment (or
treatment having different effects) which is specifically exempted under the
Commonwealth Anti-Discrimination Legislation;
41. POSTING OF AGREEMENT
42.
42.1
42.2
42.3
42.4
A copy of this Agreement and the NES will be kept by the employer in a
prominent place on the employer's premises where it is readily accessible
to employees.
WORKPLACE FLEXIBILITY
The terms of the Agreement may be varied by an individual flexibility
arrangement ("IFA").
The Employer will not make an IFA unless the following conditions are
satisfied:
The IFA must be about matters that would be permitted matters if the
arrangement were an enterprise agreement;
The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement;
42.5 The IFA must be genuinely agreed to by the employer and the employee;
42.6 The IFA must result in the employee being better off overall than the
employee would have been if no individual flexibility arrangement were
agreed to.
53
39.8 If any party fails or refuses to follow any step of this procedure the non- breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to the FWC. 40. ANTI-DISCRIMINATION 40.1 It is the intention of the parties to this Agreement to achieve the principal object in s3 (e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 40.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause, the respondents must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 40.3 Nothing in this clause is to be taken to affect any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth Anti-Discrimination Legislation; 41. POSTING OF AGREEMENT A copy of this Agreement and the NES will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employees. 42. WORKPLACE FLEXIBILITY 42.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 42.2 The Employer will not make an IFA unless the following conditions are satisfied: 42.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; 42.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; 42.5 The IFA must be genuinely agreed to by the employer and the employee; 42.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 53
42.7 The IFA must be able to be terminated:
42.8 by either the employee, or the employer, giving written notice of not more
than 28 days; or
42.9 by the employee and the employer at any time if they agree, in writing, to
the termination.
42.10 The IFA must be in writing and signed:
42.11 in all cases by the employee and the employer; and
42.12 if the employee is under 18 by a parent or guardian of the employee; and
42.13 The IFA must be given to the employee within 14 days after it is agreed to.
43. MODEL CONSULTATION CLAUSE
43.1 This term applies if the employer:
(a) has made a definite decision to introduce a major change to
production, program, organisation, structure or technology in
relation to its enterprise that is likely to have a significant effect on
the employees; or
(b) proposes to introduce a change to the regular roster or ordinary
hours of work of employees.
Major Change
43.2 For a major change referred to in paragraph 43.1 (a):
(a) the employer must notify the relevant employees of the decision to
introduce the major change; and
(b) subclauses 43.3 to 43.9 apply.
43.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.4 If:
(a) relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
43.5 As soon as practicable after making its decision, the employer must:
54
42.7 The IFA must be able to be terminated: 42.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 42.9 by the employee and the employer at any time if they agree, in writing, to the termination. 42.10 The IFA must be in writing and signed: 42.11 in all cases by the employee and the employer; and 42.12 if the employee is under 18 by a parent or guardian of the employee; and 42.13 The IFA must be given to the employee within 14 days after it is agreed to. 43. MODEL CONSULTATION CLAUSE 43.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 43.2 For a major change referred to in paragraph 43.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 43.3 to 43.9 apply. 43.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.4 If: (a) relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 43.5 As soon as practicable after making its decision, the employer must: 54
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse
effect of the change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the
relevant employees:
(i) all relevant information about the change including the nature of
the change proposed; and
(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.
43.6 However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees.
43. 7 The employer must give prompt and genuine consideration to matters
raised about the major change by the relevant employees.
43.8 If a term in this agreement provides for a major change to production,
program, organisation, structure or technology in relation to the enterprise
of the employer, the requirements set out in paragraph 43.2(a) and
subclauses 43.3 and 43.5 are taken not to apply.
43.9 In this term, a major change is likely to have a significant effect on
employees if it results in:
(a) the termination of the employment of employees; or
(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
55
(a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 43.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 43.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 43.2(a) and subclauses 43.3 and 43.5 are taken not to apply. 43.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (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 55
43.1 O For a change referred to in paragraph 43.1 (b ):
(a) the employer must notify the relevant employees of the proposed
change; and
(b) subclauses 43.11 to 43.15 apply.
43.11 The relevant employees may appoint a representative for the purposes of
the procedures in this term.
43.12 If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of
the representative;
the employer must recognise the representative.
43.13 As soon as practicable after proposing to introduce the change, the
employer must:
(a) discuss with the relevant employees the introduction of the change;
and
(b) for the purposes of the discussion-provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change;and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
43.14 However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees.
43.15 The employer must give prompt and genuine consideration to matters
raised about the change by the relevant employees.
43.16 In this term:
relevant employees mean the employees who may be affected by a
change referred to in subclause 43.1.
44. SHAM CONTRACTING
44.1 The parties to this Agreement acknowledge that sham contracting has the
56
43.10 For a change referred to in paragraph 43.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 43.11 to 43.15 apply. 43.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 43.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 43.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 43.16 In this term: relevant employees mean the employees who may be affected by a change referred to in subclause 43.1. 44. SHAM CONTRACTING 44.1 The parties to this Agreement acknowledge that sham contracting has the 56
potential to undermine fair employment practices, erode employee
entitlements and affect the job security of employees covered by this
Agreement. A sham contracting arrangement includes where an employer
attempts to disguise an employment relationship as an independent
contracting arrangement. This is usually done for the purposes of avoiding
for employee entitlements.
44.2 Sham contracting means sham arrangements as described in Part 3-1,
Division 6 of the Fair Work Act.
44.3 In this clause, "Sham Contracting" is where;
a) An employer employs, or proposes to employ, an individual,
representing to the individual that the contract of employment under
which the individual is, or would be, employed by the employer is a
contract for services under which the individual performs, or would
perform, work as an independent contractor.
b) An employer dismisses, or threatens to dismiss, an individual who is an
employee of the employer and performs particular work for the employer
in order to engage the individual as an independent contractor to
perform the same, or substantially the same, work under a contract for
services; or
c) An employer employs, or has at any time employed, an individual to
perform particular work makes a statement that the employer knows is
false in order to persuade or influence the individual to enter into a
contract for services under which the individual will perform, as an
independent contractor, the same, or substantially the same, work for
the employer.
44.4 Clause 44.3a does not apply if the employer proves that, when the
representation was made, the employer did not know and was not reckless
as to whether the contract was a contract of employment rather than a
contract for services.
44.5 Any use of sham contracting is a breach of this agreement.
44.6 Where a sham contracting arrangement has been reasonably alleged and
is unable to be resolved at the workplace level, any party may refer the
allegation directly to the FWC for conciliation and/or resolution under
clause 44.5 of this agreement. All parties will cooperate with the requests
of the FWC including requests to provide substantiating information or
undertaking an independent audit of their arrangements. For the avoidance
of doubt, an effected employee may appoint a representative in relation to
such matters.
44. 7 Where the sham contracting allegation exists on the employers' project or
workplace, the employer will make itself available to assist in the dispute
resolution procedure.
57
potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 44.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 44.3 In this clause, "Sham Contracting" is where; a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 44.4 Clause 44.3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 44.5 Any use of sham contracting is a breach of this agreement. 44.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 44.5 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 44.7 Where the sham contracting allegation exists on the employers' project or workplace, the employer will make itself available to assist in the dispute resolution procedure. 57
44.8 Where it is agreed or determined by the FWC that a sham contract was in
place and the person was in fact an employee under this agreement, the
calculation for backpay will be calculated on the basis of the hourly rate
contained in this agreement plus site allowance and an additional 85%
loading to cover entitlements other than CBUS and ACIRT. Any difference
between the hourly rate paid to the employee, plus CBUS and ACIRT will
form the settlement for the breach of this clause. The affected employee
will be re-inducted and fully informed of their entitlements under this
agreement and the FWA.
44.9 The employer must ensure that a person engaged to undertake work as an
employee or as an independent contractor is lawfully entitled to be so
engaged under Australian law.
45. CODE COMPLIANCE / SEVERABILITY
In the event that a provision of this Agreement is deemed as being non
compliant with the Code, the parties will take all necessary and reasonable
steps to vary the Agreement so that the non-compliant provision of the
Agreement is Code compliant.
Actions taken by a party under this clause are not an extra claim.
Severability:
It is the intention of those covered by this Agreement that the Agreement
contains only permitted matters under the Fair Work Act 2009.
The severance of any term of this Agreement that is, in whole, or in part, of
no effect by virtue of the operation of s 253 of the Fair Work Act shall not
be taken to affect the binding force and effect of the remainder of the
Agreement.
To the extent it is possible, all terms should be interpreted in a manner that
would make them permitted matters.
46. HEAT POLICY
The parties recognise the risk to worker health caused by exposure to
high temperatures in the work environment. To reduce the potential
for heat related illness, the parties agree to the following heat policy.
Workers should be alerted to possible extreme or excess heat
conditions by the Company, HSR and/or the WHS Committee before
commencing work or as soon as practicable after work commences
and vice versa.
58
44.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation for backpay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and ACIRT. Any difference between the hourly rate paid to the employee, plus CBUS and ACIRT will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 44.9 The employer must ensure that a person engaged to undertake work as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law. 45. CODE COMPLIANCE / SEVERABILITY In the event that a provision of this Agreement is deemed as being non- compliant with the Code, the parties will take all necessary and reasonable steps to vary the Agreement so that the non-compliant provision of the Agreement is Code compliant. Actions taken by a party under this clause are not an extra claim. Severability: It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the Fair Work Act 2009. The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the Fair Work Act shall not be taken to affect the binding force and effect of the remainder of the Agreement. To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. 46. HEAT POLICY The parties recognise the risk to worker health caused by exposure to high temperatures in the work environment. To reduce the potential for heat related illness, the parties agree to the following heat policy. Workers should be alerted to possible extreme or excess heat conditions by the Company, HSR and/or the WHS Committee before commencing work or as soon as practicable after work commences and vice versa. 58
46.1 Monitoring of Temperature
Temperatures shall be measured on site by a temperature gauge
compliant to Australian Standards and located as agreed by the HSR
and the WHS Committee.
Temperatures shall be monitored during the course of the day by the
Company and the HSR.
If gauges are not available - or malfunction, readings shall be taken
from the nearest
Bureau of Meteorology (BOM) weather station.
46.2 Humidity
Humidity creates a significant risk to workers' health and safety.
Consultation with workers must take place when humidity exceeds 75% to
assess all risks associated with the work being performed. Things taken
into account shall include:
• Monitoring and improving air flow/ventilation;
• The health/medical conditions of individual workers;
• Rescheduling work so that tasks are performed in cooler, less
humid parts of the day;
• Job rotation to reduce the amount of direct exposure to humidity;
• Provision of temporary shade and electric fans;
• Scheduled hourly drink breaks of approximately 5-10 minutes in
shade;
• Provision of cool drinking water;
• Provision of extra and regular work breaks in cooler areas (i.e. Air
conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision.
46.3 Guide to Heat Stress symptoms
Heat illness covers a range of medical conditions that can arise when the
body is unable to properly cope with working in heat. These conditions
include:
• Heat stroke - a life threatening condition that requires immediate
first aid and medical attention;
• Fainting;
• Heat exhaustion I fatigue;
• Heat cramps;
• Rashes (also called prickly heat); and
• Magnifying of pre-existing illnesses and conditions.
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy
or weak. Clumsiness collapse and convulsions may also be experienced
59
46.1 Monitoring of Temperature Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards and located as agreed by the HSR and the WHS Committee. Temperatures shall be monitored during the course of the day by the Company and the HSR. If gauges are not available - or malfunction, readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 46.2 Humidity Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks associated with the work being performed. Things taken into account shall include: · Monitoring and improving air flow/ventilation; · The health/medical conditions of individual workers; · Rescheduling work so that tasks are performed in cooler, less humid parts of the day; · Job rotation to reduce the amount of direct exposure to humidity; · Provision of temporary shade and electric fans; · Scheduled hourly drink breaks of approximately 5-10 minutes in shade; · Provision of cool drinking water; · Provision of extra and regular work breaks in cooler areas (i.e. Air- conditioned site sheds); · Use of mechanical aids to reduce physical exertion; and · Adequate supervision. 46.3 Guide to Heat Stress symptoms Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: . Heat stroke - a life threatening condition that requires immediate first aid and medical attention; Fainting; Heat exhaustion I fatigue; Heat cramps; Rashes (also called prickly heat); and Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced 59
as a result of heat illness. Workers with these signs or symptoms need to
seek immediate medical attention.
46.4 Control Measures
The following control measures shall be employed on site to prevent the
effects of Heat Stress:
• Workers shall have easy access to cool, clean drinking water;
• Caffeinated drinks should be avoided as they promote
dehydration;
• Mist busters will be deployed for dust suppression and aid in
worker comfort in earthworks zones;
• Physical activity/tasks reduced where possible;
• Rotation of workers;
• Work in cooler parts of the day;
• Utilise Shaded areas;
• Reduction of PPE, where permissible;
• Wear light clothing under coveralls;
• Individuals should seek medical advice on the effect of
medication being taken and communicate with the Company
and/or the HSR if they believe necessary;
• In addition, rest breaks as needed by an individual. Individuals
should not be discouraged from taking needed rest breaks;
• It is expected mandated breaks of "smoko" and lunch be adhered
to; and Training.
46.5 Incident Response I First Aid
Employees experiencing symptoms of heat stress must report to the first
aid shed and receive medical attention. If unable to walk to the shed,
normal first aid procedures will apply.
46.7 Incident Reporting
All heat related incidents are to be reported to the Company and the
PCBU.
After any reported heat related incident, the Company shall immediately
advise the HSR, site WHS Committee and the PCBU.
The Company must advise the HSR, site WHS Committee and PCBU of
any lost time injuries, discomfort or related complaints and absenteeism
related to heat.
46.8 Training
60
as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 46.4 Control Measures The following control measures shall be employed on site to prevent the effects of Heat Stress: Workers shall have easy access to cool, clean drinking water; Caffeinated drinks should be avoided as they promote dehydration; Mist busters will be deployed for dust suppression and aid in worker comfort in earthworks zones; Physical activity/tasks reduced where possible; Rotation of workers; Work in cooler parts of the day; Utilise Shaded areas; Reduction of PPE, where permissible; Wear light clothing under coveralls; Individuals should seek medical advice on the effect of medication being taken and communicate with the Company and/or the HSR if they believe necessary; In addition, rest breaks as needed by an individual. Individuals should not be discouraged from taking needed rest breaks; It is expected mandated breaks of "smoko" and lunch be adhered to; and Training. 46.5 Incident Response / First Aid Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. 46.7 Incident Reporting All heat related incidents are to be reported to the Company and the PCBU. After any reported heat related incident, the Company shall immediately advise the HSR, site WHS Committee and the PCBU. The Company must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. 46.8 Training 60
All workers will be trained in mitigating and recognising heat stress illness
symptoms, in themselves and others. With refresher training to take place
annually.
First Aiders need to be specifically trained in responding to heat related
incidences.
Training shall be provided by a suitably qualified organisation.
46.9 Sun Safe Tips
In addition to the effects of heat, skin cancers are a major concern for
workers in the industry. The company shall ensure the following principles
are implemented:
• Employees are provided with and wear a broad brim hard hat
attachment including neck flap;
• Employees are provided with and wear light coloured, long-sleeved
collared shirts with a minimum UPF of 50+;
• Employees are provided with and wear long trousers,
• The company must ensure clothing is lightweight, comfortable, well
ventilated and does not restrict movement;
• Employees are provided sunglasses that meet Australian Standards
and are safe for driving;
• Employees are provided with a broad spectrum sunscreen with a
minimum SPF of 30+ and lip balm;
• Employees are provided with portable shade where possible and are
advised to work in natural shade where possible;
• New employees at any site shall be informed, trained and supervised in
sun safe techniques;
• All building workers should have their skin checked regularly by a
doctor,
regardless of age; and
• Employees are encouraged to monitor their skin and look out for
new or unusual spots, a sore that won't heal, or a spot or mole that
has changed size, shape or colour.
47. DRUG AND ALCOHOL POLICY
• The drug and alcohol policy contained below shall apply.
61
All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. With refresher training to take place annually. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 46.9 Sun Safe Tips In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The company shall ensure the following principles are implemented: · Employees are provided with and wear a broad brim hard hat attachment including neck flap; · Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+; · Employees are provided with and wear long trousers, . The company must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement; · Employees are provided sunglasses that meet Australian Standards and are safe for driving; · Employees are provided with a broad spectrum sunscreen with a minimum SPF of 30+ and lip balm; · Employees are provided with portable shade where possible and are advised to work in natural shade where possible; · New employees at any site shall be informed, trained and supervised in sun safe techniques; . All building workers should have their skin checked regularly by a doctor, regardless of age; and · Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. 47. DRUG AND ALCOHOL POLICY · The drug and alcohol policy contained below shall apply. 61
• Employees shall be trained and inducted in any drug and alcohol
policies that apply to them. Failure to do so shall mean that such
policy cannot be used against them.
• Notwithstanding the above, the following Drug and Alcohol principles
shall apply:
• Where practicable, self-testing shall be available for both drugs and
alcohol.
• Drug testing may be undertaken by oral fluid testing. The equipment
used to perform the test shall be used, tested and calibrated to the
manufacturer's instructions and certified to AS 4760 (Processes for
specimen collection and the detection and quantitation of drug in oral
fluid). In the event drug testing utilises other than oral fluid testing, the
type of test must be one that establishes that that the employee has
recently used (within 48 hours) drugs and is impaired in relation to the
performance of their role.
• Alcohol testing may only be done by use of an Accredited Breath Test
device. The device must be calibrated and meet the minimum
requirements of AS3547.
• Drug and Alcohol testing shall not be used to unfairly target employees.
47.1 Preamble
All parties in the industry are committed to the provision of safe and
healthy workplaces.
The attainment of this objective can be undermined by the hazardous use
of alcohol and other drugs by some individuals on occasions.
There are many factors which determine alcohol and other drug usage
patterns. Some relate to personal and social matters. Others may relate
to work culture and conditions.
Research has highlighted that industry has a high level of alcohol use.
This may affect Work Health and Safety.
This policy aims to facilitate the implementation of practical ways in which
workers themselves can address the alcohol and other drug issues which
affect them, their families and co-workers. It provides guidelines which
may be adapted to meet the specific conditions of different workplaces.
62
· Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. · Notwithstanding the above, the following Drug and Alcohol principles shall apply: · Where practicable, self-testing shall be available for both drugs and alcohol. · Drug testing may be undertaken by oral fluid testing. The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. · Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS3547. · Drug and Alcohol testing shall not be used to unfairly target employees. 47.1 Preamble All parties in the industry are committed to the provision of safe and healthy workplaces. The attainment of this objective can be undermined by the hazardous use of alcohol and other drugs by some individuals on occasions There are many factors which determine alcohol and other drug usage patterns. Some relate to personal and social matters. Others may relate to work culture and conditions. Research has highlighted that industry has a high level of alcohol use. This may affect Work Health and Safety. This policy aims to facilitate the implementation of practical ways in which workers themselves can address the alcohol and other drug issues which affect them, their families and co-workers. It provides guidelines which may be adapted to meet the specific conditions of different workplaces. 62
47.2 Principles
Safety is paramount:
• Prevention of Safety and Health problems is the primary goal of alcohol
and drug policy formulation.
• Policy implementation and program management is best founded on
consultation and collaboration between employees and management.
• Employees with alcohol and / or other drug problems will be provided
with appropriate assistance, support and access to intervention program
without jeopardising their employment.
47.3 Objectives
• To establish a program run by and for workers, which enables alcohol
and other drug issues to be addressed at the workplace.
• To expand awareness of alcohol and other drug use as a Work Health
and Safety issue.
• To enable industry factors likely to influence alcohol and other drug use
(e.g. extended working hours, peer group pressure) to be recognised
and addressed.
• To provide a basis for health promotion in the industry.
• To enable a consistent approach to alcohol and other drug issues
across the industry in New South Wales.
• To set out collaborative procedures for dealing with alcohol and drug
issues on building and other sites.
• To provide a structure to assist workers to get any help they need for
alcohol and / or other drug problems, confidentially and without
jeopardising their employment.
• To enable the development of a network of people, resources and
programs managed by and sensitive to the needs of workers with
alcohol and drug problems.
47.4 Goals
• To have this alcohol and other drugs policy adopted for implementation
in workplaces by meetings of employees.
• To increase knowledge amongst workers about health and safety risks
associated with alcohol and another drug use.
63
47.2 Principles Safety is paramount: · Prevention of Safety and Health problems is the primary goal of alcohol and drug policy formulation. · Policy implementation and program management is best founded on consultation and collaboration between employees and management. · Employees with alcohol and / or other drug problems will be provided with appropriate assistance, support and access to intervention program without jeopardising their employment. 47.3 Objectives · To establish a program run by and for workers, which enables alcohol and other drug issues to be addressed at the workplace. · To expand awareness of alcohol and other drug use as a Work Health and Safety issue. · To enable industry factors likely to influence alcohol and other drug use (e.g. extended working hours, peer group pressure) to be recognised and addressed. · To provide a basis for health promotion in the industry. · To enable a consistent approach to alcohol and other drug issues across the industry in New South Wales. · To set out collaborative procedures for dealing with alcohol and drug issues on building and other sites. · To provide a structure to assist workers to get any help they need for alcohol and / or other drug problems, confidentially and without jeopardising their employment. · To enable the development of a network of people, resources and programs managed by and sensitive to the needs of workers with alcohol and drug problems. 47.4 Goals · To have this alcohol and other drugs policy adopted for implementation in workplaces by meetings of employees. · To increase knowledge amongst workers about health and safety risks associated with alcohol and another drug use. 63
• To maintain optimum safety on site and to reduce the harmful impact of
alcohol and other drug use.
• To provide education about the safe use of alcohol and other drugs.
• To train and resource health and safety representatives and other
relevant personnel (where appropriate) to assist co-workers who are
affected by alcohol and/or other drugs.
47.5 Policy
47.5 Implementation and Management
a) Properly constituted Work Health and Safety (WH&S) Committees or,
where there is no WH&S Committee, Site Safety Supervisors / Safety
Officers in conjunction with worker representatives, are the
appropriate bodies to implement and administer alcohol and drug
policy/ programs.
b) For the objectives of this policy to be achieved, the full cooperation of
the Employer and Employees is required.
47.6 Application of Policy
The policy is to apply to all Employees and staff without distinction.
47.7 Persons Affected by Alcohol and/or Other Drugs
a) A person who is under the influence of alcohol and/or any other drug
will not be allowed to work on site whilst he/she is incapable of
performing safe work practices.
b) Any person who believes another person is a risk to his/her own or
another's safety should advise a Health and Safety representative
(HSR) in confidence. The HSR shall take appropriate action, based
on his/her assessment of the situation.
c) If the matter remains unresolved, the WH&S Committee and
management in consultation with the person concerned and the
person's representative will decide whether that person is capable of
performing safe work practices.
d) Disciplinary action may be taken by management following
consultation with the WH&S Committee and the person's
representative.
e) If disciplinary action is to be taken, one verbal warning, one written
warning
shall apply.
f) The WH&S Committee will, as a matter of course, follow up to ensure
that the person is aware of the policy and resources available to
people with alcohol and/or other drug problems, or other problems
which may underlie them.
64
· To maintain optimum safety on site and to reduce the harmful impact of alcohol and other drug use. · To provide education about the safe use of alcohol and other drugs. . To train and resource health and safety representatives and other relevant personnel (where appropriate) to assist co-workers who are affected by alcohol and/or other drugs. 47.5 Policy 47.5 Implementation and Management a) Properly constituted Work Health and Safety (WH&S) Committees or, where there is no WH&S Committee, Site Safety Supervisors / Safety Officers in conjunction with worker representatives, are the appropriate bodies to implement and administer alcohol and drug policy / programs. b) For the objectives of this policy to be achieved, the full cooperation of the Employer and Employees is required. 47.6 Application of Policy The policy is to apply to all Employees and staff without distinction. 47.7 Persons Affected by Alcohol and/or Other Drugs a) A person who is under the influence of alcohol and/or any other drug will not be allowed to work on site whilst he/she is incapable of performing safe work practices. b) Any person who believes another person is a risk to his/her own or another's safety should advise a Health and Safety representative (HSR) in confidence. The HSR shall take appropriate action, based on his/her assessment of the situation. c) If the matter remains unresolved, the WH&S Committee and management in consultation with the person concerned and the person's representative will decide whether that person is capable of performing safe work practices. d) Disciplinary action may be taken by management following consultation with the WH&S Committee and the person's representative. e) If disciplinary action is to be taken, one verbal warning, one written warning shall apply. f) The WH&S Committee will, as a matter of course, follow up to ensure that the person is aware of the policy and resources available to people with alcohol and/or other drug problems, or other problems which may underlie them. 64
g) (Where "WH&S Committee" is referred to hereafter, read "body
nominated to implement policy on site").
47.8 Rehabilitation/ Counselling
a) If a person is undertaking rehabilitation or counselling, he/she is
entitled to sick leave, negotiated leave without pay and other benefits
provided for by the Agreement.
b) An affected person will not be disadvantaged as a result of
undertaking rehabilitation or counselling.
c) The Employer will liaise with the person's representative to enable
appropriate assistance and support to be made available to him/her
during and on completion of rehabilitation (with his/her permission).
d) Confidentiality is to be maintained in all matters relating to the
rehabilitation and counselling, employment arrangements etc. of
individuals.
47.9 Employees At-Risk Through Medication Use
a) Employees who are taking medication which might affect their ability
to undertake any kind of work safely, should advise an HSR or the
First Aid Officer, who will act immediately to eliminate the risks.
b) No employee will be disadvantaged by his/her actions in this matter.
47.10 Education and Prevention
a) The policy will be discussed and put forward for adoption on site at a
meeting of all workers.
b) It is the on-going responsibility of Unions and the Employer to ensure
that all Employees continue to be aware of the policy and program.
The WH&S Committee will assist in this process.
c) All relevant information shall be available on site and displayed as
appropriate.
d) From time to time the WH&S Committee, in consultation with
management, may initiate relevant health and safety promotional
activities in relation to alcohol and other drug use issues.
47.11 Provision of Alcohol at Social Events
Where social functions are held they will be located in a hazard-free area
where responsible serving of alcoholic beverages will apply. This includes
provision of non-alcoholic and low-alcoholic beverages.
65
g) (Where "WH&S Committee" is referred to hereafter, read "body nominated to implement policy on site"). 47.8 Rehabilitation / Counselling a) If a person is undertaking rehabilitation or counselling, he/she is entitled to sick leave, negotiated leave without pay and other benefits provided for by the Agreement. b) An affected person will not be disadvantaged as a result of undertaking rehabilitation or counselling. c) The Employer will liaise with the person's representative to enable appropriate assistance and support to be made available to him/her during and on completion of rehabilitation (with his/her permission). d) Confidentiality is to be maintained in all matters relating to the rehabilitation and counselling, employment arrangements etc. of individuals. 47.9 Employees At-Risk Through Medication Use a) Employees who are taking medication which might affect their ability to undertake any kind of work safely, should advise an HSR or the First Aid Officer, who will act immediately to eliminate the risks. b) No employee will be disadvantaged by his/her actions in this matter. 47.10 Education and Prevention a) The policy will be discussed and put forward for adoption on site at a meeting of all workers. b) It is the on-going responsibility of Unions and the Employer to ensure that all Employees continue to be aware of the policy and program. The WH&S Committee will assist in this process. c) All relevant information shall be available on site and displayed as appropriate. d) From time to time the WH&S Committee, in consultation with management, may initiate relevant health and safety promotional activities in relation to alcohol and other drug use issues. 47.11 Provision of Alcohol at Social Events Where social functions are held they will be located in a hazard-free area where responsible serving of alcoholic beverages will apply. This includes provision of non-alcoholic and low-alcoholic beverages. 65
47.12 Role of Work Health and Safety Committee on Site
• To encourage knowledge of policy and program by all workers on site.
• To ensure information about the policy and program is displayed.
• To ensure information relevant to alcohol and other drugs is circulated
amongst workers.
• To initiate and coordinate relevant health promotional activities to
relation to alcohol and other drugs, in consultation with management.
• To provide information and referral options to workers as requested.
•Tobe available for informal discussion with and follow-up of site
employees
when appropriate.
• To undertake intervention and follow-up of affected persons.
•Tobe available for discussion in regard to disciplinary action taken as a
result of a person being under the influence of alcohol and/or any other
drugs on site.
• To follow-up persons undertaking rehabilitation to ensure that
appropriate resources and supports are made available when
requested.
• To encourage a peer support network on site.
48. JURY SERVICE MAKE-UP PAY
49.
49.1
An employee required to attend for jury service will be entitled to have their
pay made up by the employer to an amount equal to their ordinary pay for
eight hours (inclusive of accrued entitlements prescribed by clause 23 -
Ordinary Hours of work per day plus Travel Allowance. The employee will
give the employer proof of such attendance and the amount received in
respect of such jury service.
The employee must notify the Company as soon as practicable of the date
upon which their attendance is required and must provide the Company
with proof of attendance, the duration of such attendance, and the amount
received in respect thereof.
STRUCTURED VOCATIONAL TRAINING
To facilitate ongoing structured vocational training the Employer will pay an
organisation approved by the CEPU:
(a) From 1 Oct 2020 - $11.84 per week per employee including
apprentices covered by this agreement.
66
47.12 Role of Work Health and Safety Committee on Site · To encourage knowledge of policy and program by all workers on site. · To ensure information about the policy and program is displayed. · To ensure information relevant to alcohol and other drugs is circulated amongst workers. · To initiate and coordinate relevant health promotional activities to relation to alcohol and other drugs, in consultation with management. · To provide information and referral options to workers as requested. · To be available for informal discussion with and follow-up of site employees when appropriate. · To undertake intervention and follow-up of affected persons. · To be available for discussion in regard to disciplinary action taken as a result of a person being under the influence of alcohol and/or any other drugs on site. · To follow-up persons undertaking rehabilitation to ensure that appropriate resources and supports are made available when requested. · To encourage a peer support network on site. 48. JURY SERVICE MAKE-UP PAY An employee required to attend for jury service will be entitled to have their pay made up by the employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary Hours of work per day plus Travel Allowance. The employee will give the employer proof of such attendance and the amount received in respect of such jury service. The employee must notify the Company as soon as practicable of the date upon which their attendance is required and must provide the Company with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 49. STRUCTURED VOCATIONAL TRAINING 49.1 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the CEPU: (a) From 1 Oct 2020 - $11.84 per week per employee including apprentices covered by this agreement. 66
(b) From 1 Oct 2021 - $17.60 per week per employee including
apprentices covered by this agreement.
(c) From 1 Oct 2022 - $19.65 per week per employee including
apprentices covered by this agreement.
(d) From 1 Oct 2023 - $22.95 per week per employee including
apprentices covered by this agreement.
50 ASBESTOS AWARENESS TRAINING
51
52
The Employer agrees to schedule an agreed asbestos awareness training
course.
(i) Training will be undertaken within six months of the commencement of
this Agreement for each current Employee who has not already
participated in the training; and
(ii) within three months of a new Employee commencing employment.
The course and provider of the training will be agreed with the Consultative
Committee.
INCREASE TO WAGES - PRODUCTIVITY GAINS
In recognition of the productivity measures identified herein, the increases
payable under this agreement shall be available to all employees as
follows:
a) From the first full pay period from 1st Sept 2020- The rate of pay will
be as per Appendix 1,2,3 and 4 - Table 1
b) From the first full pay period after 1st Sept 2021 - The rate of pay will
be as per Appendix 1,2,3 and 4 - Table 2
c) From the first full pay period after 1st Sept 2022 - The rate of pay will
be as per Appendix 1,2,3 and 4 - Table 3
d) From the first full pay period after 1st Sept 2023 - The rate of pay
will be as per Appendix 1,2,3 and 4 - Table 4
REGIONAL PROJECTS
Regional projects in NSW Country with a Building contract value in excess
of $100 million will attract the Wollongong, Central Coast rates of pay.
Contract Value will be as per the Cordell's or BCI or alike in determining
the value
67
(b) From 1 Oct 2021 - $17.60 per week per employee including apprentices covered by this agreement. (c) From 1 Oct 2022 - $19.65 per week per employee including apprentices covered by this agreement. (d) From 1 Oct 2023 - $22.95 per week per employee including apprentices covered by this agreement. 50 ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. ) Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and (ii) within three months of a new Employee commencing employment. The course and provider of the training will be agreed with the Consultative Committee. 51 INCREASE TO WAGES - PRODUCTIVITY GAINS In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: a) From the first full pay period from 1st Sept 2020- The rate of pay will be as per Appendix 1,2,3 and 4 - Table 1 b) From the first full pay period after 1st Sept 2021 - The rate of pay will be as per Appendix 1,2,3 and 4 - Table 2 c) From the first full pay period after 1st Sept 2022 - The rate of pay will be as per Appendix 1,2,3 and 4 - Table 3 d) From the first full pay period after 1st Sept 2023 - The rate of pay will be as per Appendix 1,2,3 and 4 - Table 4 52 REGIONAL PROJECTS Regional projects in NSW Country with a Building contract value in excess of $100 million will attract the Wollongong, Central Coast rates of pay. Contract Value will be as per the Cordell's or BCI or alike in determining the value 67
CLASSIFICATION STRUCTURE
Classification
Relativity to
Tank
Installer
55
75
*After 1 Z 11101 ill 1s as a Pla111bi119a11d Mecl 1a1 lical Se, vices SI 1eet Metal ~0vo1 ke1 Level
1 (a) (new entrant) (under the age of 21 ), Employees who have not been offered an
apprenticeship will be reclassified to Plumbing and Mechanical Services Worker
Level 1 (b).
CLASSIFICATION DEFINITIONS
Tank installer/ mechanical services tradesperson level 1A 55%
New entrant to the construction industry (under the age of 21)
- Understand verbal instructions
- Work in a safe manner
- Use hand tools
Tank installer/ mechanical services tradesperson level 1 B 75%
New entrant to the construction industry over the age of 21
- Understand verbal instruction
- Work in a safe manner
- Use hand/power tools
Tank installer/ mechanical services tradesperson level 3 100%
Competent in the construction of modular bolted water storage tanks
Skilled tradesperson - maybe qualified in other trades outside tank installation
- Understands technical tank installation drawings
- Works unsupervised
- Ability to supervise other employees
- Good communication
- Works in a safe manner
Plumbing Mechanical Services Worker Level 3 (100%)
68
CLASSIFICATION STRUCTURE Classification Relativity to Tank Installer Plumbing and Mechanical Services Sheet Metal Worker Tank Installer Level 1(a) (new entrant) (under the age of 21) * 55 Plumbing and Mechanical Services Sheet Metal Worker Tank Installer Level 1(b) (new entrant) (over the age of 21) 75 Plumbing and Mechanical Services Worker Level 3 100 Plumbing and Mechanical Services Tradesperson Level 1 100 Plumbing and Mechanical Services Tradesperson Level 2 105 Plumbing and Mechanical Tradesperson - Special Class Level 1 110 Plumbing and Mechanical Services Tradesperson - Special Class 115 Advanced Plumbing and Mechanical Services Tradesperson Level 1 120 Advanced Plumbing and Mechanical Services Tradesperson Level 2 125 *After 12 months as a Plumbing and Mechanical Services Sheet Metal Worker Level 1(a) (new entrant) (under the age of 21), Employees who have not been offered an apprenticeship will be reclassified to Plumbing and Mechanical Services Worker Level 1(b). CLASSIFICATION DEFINITIONS Tank installer/ mechanical services tradesperson level 1A 55% New entrant to the construction industry (under the age of 21) Understand verbal instructions Work in a safe manner Use hand tools Tank installer/ mechanical services tradesperson level 1B 75% New entrant to the construction industry over the age of 21 - Understand verbal instruction Work in a safe manner Use hand/power tools Tank installer/ mechanical services tradesperson level 3 100% Competent in the construction of modular bolted water storage tanks Skilled tradesperson - maybe qualified in other trades outside tank installation Understands technical tank installation drawings Works unsupervised Ability to supervise other employees Good communication Works in a safe manner Plumbing Mechanical Services Worker Level 3 (100%) 68
A Plumbing and Mechanical Services Worker Level 3 is an employee who:
• has successfully completed a Services Stream Certificate (Plumbing and
Mechanical Services) Level 2 consisting of formal structured training agreed
to between the parties to this Agreement: or
• has obtained equivalent skills gained through work experience subject to
competency testing to the prescribed standards covering the content of the
above agreed modules of training; or
• is a licensed Drainer.
Employees at this level perform work to the level of their training.
69
A Plumbing and Mechanical Services Worker Level 3 is an employee who: · has successfully completed a Services Stream Certificate (Plumbing and Mechanical Services) Level 2 consisting of formal structured training agreed to between the parties to this Agreement: or · has obtained equivalent skills gained through work experience subject to competency testing to the prescribed standards covering the content of the above agreed modules of training; or . is a licensed Drainer. Employees at this level perform work to the level of their training. 69
Indicative tasks which an Employee at this level may perform include:
• exercises good interpersonal communication skills;
• exercises discretion within their level of training;
• understands and applies quality control techniques;
• performs work under general supervision either individually or in a team
environment;
• has knowledge of the four streams within the building and construction
industry and how they inter-relate;
• works in a safe manner;
• having been given adequate written or verbal instruction, is able to control
their own schedule of work and meet objectives with general supervision;
• is capable of detailed measuring techniques;
• interacts with and assists Employees of other companies on site or at the
workplace; and
• anticipates and plans for constant changes to the work environment.
The following indicative tasks which an Employee at this level may perform are
subject to the Employee having completed the appropriate training to perform the
particular task:
• operating a laser when carrying out levelling;
• reading and interpreting plans and specifications;
• operating machinery and equipment;
• assisting with informal on-the-job guidance to other Employees to a limited
degree; and
• performing work for which a Drainers license is required.
Plumbing Mechanical Services Tradesperson 1 (100%)
A Plumbing and Mechanical Services Tradesperson Level 1 is an employee who is
not a licensed drainer and who is not performing mechanical services pipe-work, but
who performs work of a skilled trade nature for which registration with a recognised
licensing authority is not required, although the person may not be formally trade
qualified, and who is able to exercise the skill and knowledge of the relevant trade.
Indicative tasks which an Employee at this level may perform include:
• exercises good interpersonal and communication skills;
• reads, interprets and applies information from plans;
• understands and applies quality control techniques;
• exercises discretion within the scope of this grade;
• performs work under general supervision either individually or in a team
environment;
70
Indicative tasks which an Employee at this level may perform include: · exercises good interpersonal communication skills; · exercises discretion within their level of training; . understands and applies quality control techniques; performs work under general supervision either individually or in a team environment; has knowledge of the four streams within the building and construction industry and how they inter-relate; works in a safe manner; · having been given adequate written or verbal instruction, is able to control their own schedule of work and meet objectives with general supervision; ·is capable of detailed measuring techniques; . interacts with and assists Employees of other companies on site or at the workplace; and anticipates and plans for constant changes to the work environment. The following indicative tasks which an Employee at this level may perform are subject to the Employee having completed the appropriate training to perform the particular task: · operating a laser when carrying out levelling; · reading and interpreting plans and specifications; · operating machinery and equipment; assisting with informal on-the-job guidance to other Employees to a limited degree; and · performing work for which a Drainers license is required. Plumbing Mechanical Services Tradesperson 1 (100%) A Plumbing and Mechanical Services Tradesperson Level 1 is an employee who is not a licensed drainer and who is not performing mechanical services pipe-work, but who performs work of a skilled trade nature for which registration with a recognised licensing authority is not required, although the person may not be formally trade qualified, and who is able to exercise the skill and knowledge of the relevant trade. Indicative tasks which an Employee at this level may perform include: · exercises good interpersonal and communication skills; · reads, interprets and applies information from plans; understands and applies quality control techniques; . exercises discretion within the scope of this grade; environment; performs work under general supervision either individually or in a team 70
• is able to perform tasks safely and be able to identify hazards within their
sphere of work;
• assists with informal on-the-job guidance to a limited degree;
• performs non-trade tasks incidental to their work;
71
· is able to perform tasks safely and be able to identify hazards within their sphere of work; assists with informal on-the-job guidance to a limited degree; performs non-trade tasks incidental to their work; 71
• has knowledge of the fields of work within the Services Stream (Plumbing and
Mechanical Services) and how they relate to the other areas of the services
stream; and
• performs work which, while primarily involving the skills of the plumbing and
mechanical services trade, is incidental or peripheral to the primary task and
facilitates the completion of the whole task. Such incidental or peripheral work
would not require additional formal technical training.
The Plumbing and Mechanical Services Tradesperson Level 1 classification
incorporates any worker working in any classification covered by the scope of this
Agreement, or the Award as it applied prior to this Agreement, who is not:
• engaged on tasks purely of an unskilled nature;
• a Licensed Drainer;
• a Licensed Plumber;
• a Licensed Gasfitter;
• a Mechanical Plumber performing any Mechanical Services pipe-work; or
• holding a trade certificate level 3 in a trade within the national plumbing
training packages.
Plumbing and Mechanical Services Tradesperson Level 2 (105%)
A Plumbing and Mechanical Services Tradesperson Level 2 is either a:
• Plumbing and Mechanical Services Tradesperson Level 1 who has
successfully completed three appropriate modules within an approved skills
package in addition to the training requirements of Plumbing and Mechanical
Services Tradesperson Level 1; or equivalent; or will have equivalent skills
gained through work experience subject to having successfully completed a
skills test equivalent to the structured training requirements for this level; or
• person who holds a trade certificate level 3 within the national plumbing
training packages relevant to work being performed under this Agreement; or
• person who holds a trade certificate level 3 in Engineering - Fabrication.
A Plumbing and Mechanical Services Tradesperson Level 2 works above and beyond
a Plumbing and Mechanical Services tradesperson Level 1 and to the level of their
training.
Indicative tasks which an Employee at this level may perform include:
• exercises the skills attained through completion of the training prescribed for
this classification;
• works under general supervision either individually or in a team environment;
• understands and implements quality control techniques;
• provides trade guidance and assistance as part of a work team;
72
has knowledge of the fields of work within the Services Stream (Plumbing and Mechanical Services) and how they relate to the other areas of the services stream; and performs work which, while primarily involving the skills of the plumbing and mechanical services trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training. The Plumbing and Mechanical Services Tradesperson Level 1 classification incorporates any worker working in any classification covered by the scope of this Agreement, or the Award as it applied prior to this Agreement, who is not: · engaged on tasks purely of an unskilled nature; a Licensed Drainer; . a Licensed Plumber; . a Licensed Gasfitter; . a Mechanical Plumber performing any Mechanical Services pipe-work; or . holding a trade certificate level 3 in a trade within the national plumbing training packages. Plumbing and Mechanical Services Tradesperson Level 2 (105%) A Plumbing and Mechanical Services Tradesperson Level 2 is either a: · Plumbing and Mechanical Services Tradesperson Level 1 who has successfully completed three appropriate modules within an approved skills package in addition to the training requirements of Plumbing and Mechanical Services Tradesperson Level 1; or equivalent; or will have equivalent skills gained through work experience subject to having successfully completed a skills test equivalent to the structured training requirements for this level; or person who holds a trade certificate level 3 within the national plumbing training packages relevant to work being performed under this Agreement; or . person who holds a trade certificate level 3 in Engineering - Fabrication. A Plumbing and Mechanical Services Tradesperson Level 2 works above and beyond a Plumbing and Mechanical Services tradesperson Level 1 and to the level of their training. Indicative tasks which an Employee at this level may perform include: . exercises the skills attained through completion of the training prescribed for this classification; works under general supervision either individually or in a team environment; understands and implements quality control techniques; .. provides trade guidance and assistance as part of a work team; 72
• exercises discretion within the scope of this grade;
• has knowledge of occupational, health and safety requirements subject to the
level of their training; and
73
exercises discretion within the scope of this grade; has knowledge of occupational, health and safety requirements subject to the level of their training; and 73
• reads, interprets and applies information from plans.
The following indicative tasks which an Employee at this level may perform are subject
to the Employee having the appropriate trade and post-trade training to enable them to
perform the particular task: exercises skills involved in fabrication, assembly,
installation, repair, maintenance, testing, modifying, fault finding, design or
commissioning of systems such as water supply, sanitary, waste disposal and
drainage, mechanical services including heating, ventilation and air conditioning,
irrigation, roofing, gas fitting or gas consumer piping systems.
Where a skills package has been identified and approved by the CSQ Services Skills
Advisory Committee as core skills possessed by plumbers within the construction
industry within each field of work of the services stream, then such skills shall be a
perquisite for further progression under this career path.
Where an Employee possesses less than half of the skills identified above, the
Employer may require that Employee to undertake gap training until the Employee is
competent within the field of work.
Plumbing and Mechanical Services Trades person Special Class Level 1 (110%)
A Plumbing and Mechanical Services Tradesperson - Special Class Level 1 is a
Plumbing and Mechanical Services Tradesperson Level 2 who : has been assessed
as a competent plumber within the relevant field of work and has successfully
completed three appropriate modules in addition to the training requirements of
Plumbing and Mechanical Services Tradesperson Level 2; or the equivalent; or will
have equivalent skills gained through work experience subject to having successfully
completed a skills test equivalent to the structured training requirements for this level.
A Plumbing and Mechanical Services Tradesperson - Special Class Level 1 works
above and beyond a Plumbing and Mechanical Services Tradesperson Level 2 and to
the level of their training.
Indicative tasks which an Employee at this level may perform include:
• exercises the skills attained through completion of the training prescribed for
this classification;
• understands and implements quality control techniques;
• provides trade guidance and assistance as part of a team;
• exercises discretion within the scope of this grade;
• works under limited supervision, either individually or in a team environment;
and
• reads, interprets and applies information from plans.
74
reads, interprets and applies information from plans. The following indicative tasks which an Employee at this level may perform are subject to the Employee having the appropriate trade and post-trade training to enable them to perform the particular task: exercises skills involved in fabrication, assembly, installation, repair, maintenance, testing, modifying, fault finding, design or commissioning of systems such as water supply, sanitary, waste disposal and drainage, mechanical services including heating, ventilation and air conditioning, irrigation, roofing, gas fitting or gas consumer piping systems. Where a skills package has been identified and approved by the CSQ Services Skills Advisory Committee as core skills possessed by plumbers within the construction industry within each field of work of the services stream, then such skills shall be a perquisite for further progression under this career path. Where an Employee possesses less than half of the skills identified above, the Employer may require that Employee to undertake gap training until the Employee is competent within the field of work. Plumbing and Mechanical Services Tradesperson Special Class Level 1 (110%) A Plumbing and Mechanical Services Tradesperson - Special Class Level 1 is a Plumbing and Mechanical Services Tradesperson Level 2 who : has been assessed as a competent plumber within the relevant field of work and has successfully completed three appropriate modules in addition to the training requirements of Plumbing and Mechanical Services Tradesperson Level 2; or the equivalent; or will have equivalent skills gained through work experience subject to having successfully completed a skills test equivalent to the structured training requirements for this level. A Plumbing and Mechanical Services Tradesperson - Special Class Level 1 works above and beyond a Plumbing and Mechanical Services Tradesperson Level 2 and to the level of their training. Indicative tasks which an Employee at this level may perform include: · exercises the skills attained through completion of the training prescribed for this classification; understands and implements quality control techniques; . provides trade guidance and assistance as part of a team; exercises discretion within the scope of this grade; works under limited supervision, either individually or in a team environment; . and · reads, interprets and applies information from plans. 74
The following indicative tasks which an Employee at this level may perform are
subject to the Employee having the appropriate trade and post-trade training to
enable the employee to perform the particular tasks:
• exercise precision trade skills using various materials and/ or specialised
techniques;
75
The following indicative tasks which an Employee at this level may perform are subject to the Employee having the appropriate trade and post-trade training to enable the employee to perform the particular tasks: exercise precision trade skills using various materials and/ or specialised techniques; 75
• schedule and plan work activity;
• write brief reports on work activity;
• have knowledge of the Australian Standards applying to their sphere of work;
• recognise hazards associated with tasks in their field of work; and
• exercise skills involved in the fabrication, assembly, installation, repair,
maintenance, testing, modifying, fault finding, design or commissioning of
systems such as water supply, sanitary, waste disposal and drainage,
mechanical services including heating, ventilation and air conditioning,
irrigation, roofing, gas fitting or gas consumer piping systems.
Plumbing and Mechanical Services Tradesperson - Special Class Level 2
(115%)
A Plumbing and Mechanical Services Tradesperson - Special Class Level 2 is a
Plumbing and Mechanical Services Tradesperson - Special Class Level 1 who has
successfully completed : three appropriate modules in addition to the requirements of
Plumbing and Mechanical Services Tradesperson - Special Class Level 1; or
equivalent; or will have equivalent skills gained through work experience subject to
having successfully completed a skills test equivalent to the structured training
requirements for this level.
A Plumbing and Mechanical Services Tradesperson - Special Class Level 2 works
above and beyond a Plumbing and Mechanical Services Tradesperson - Special
Class Level 1 and to the level of their training.
Indicative tasks which an Employee at this level may perform include:
• exercises the skills attained through completion of the training prescribed for
this classification;
• provides trade guidance and assistance as part of a work team;
• understands and implements quality control techniques;
• works either independently within the skill level of the Employee, or in a team
environment with limited supervision; and
• reads, interprets and applies information from plans.
The following indicative tasks which an Employee at this level may perform are
subject to the Employee having the appropriate trade and post-trade training to
enable the Employee to perform the particular tasks:
• exercises high precision trade skills using various materials and/ or specialised
techniques; and
• exercises skills involved in the fabrication, assembly, installation, repair,
maintenance, testing, modifying, fault finding, design or commissioning of
systems such as water supply, sanitary, waste disposal and drainage,
76
schedule and plan work activity; . write brief reports on work activity; have knowledge of the Australian Standards applying to their sphere of work; recognise hazards associated with tasks in their field of work; and exercise skills involved in the fabrication, assembly, installation, repair, maintenance, testing, modifying, fault finding, design or commissioning of systems such as water supply, sanitary, waste disposal and drainage, mechanical services including heating, ventilation and air conditioning, irrigation, roofing, gas fitting or gas consumer piping systems. Plumbing and Mechanical Services Tradesperson - Special Class Level 2 (115%) A Plumbing and Mechanical Services Tradesperson - Special Class Level 2 is a Plumbing and Mechanical Services Tradesperson - Special Class Level 1 who has successfully completed : three appropriate modules in addition to the requirements of Plumbing and Mechanical Services Tradesperson - Special Class Level 1; or equivalent; or will have equivalent skills gained through work experience subject to having successfully completed a skills test equivalent to the structured training requirements for this level. A Plumbing and Mechanical Services Tradesperson - Special Class Level 2 works above and beyond a Plumbing and Mechanical Services Tradesperson - Special Class Level 1 and to the level of their training. Indicative tasks which an Employee at this level may perform include: . exercises the skills attained through completion of the training prescribed for this classification; . provides trade guidance and assistance as part of a work team; . understands and implements quality control techniques; works either independently within the skill level of the Employee, or in a team environment with limited supervision; and · reads, interprets and applies information from plans. The following indicative tasks which an Employee at this level may perform are subject to the Employee having the appropriate trade and post-trade training to enable the Employee to perform the particular tasks: . exercises high precision trade skills using various materials and/ or specialised techniques; and exercises skills involved in the fabrication, assembly, installation, repair, maintenance, testing, modifying, fault finding, design or commissioning of systems such as water supply, sanitary, waste disposal and drainage, 76
mechanical services including heating, ventilation and air conditioning,
irrigation, roofing, gas fitting or gas consumer piping systems.
Advanced Plumbing and Mechanical Services Tradesperson Level 1 {120%)
77
mechanical services including heating, ventilation and air conditioning, irrigation, roofing, gas fitting or gas consumer piping systems. Advanced Plumbing and Mechanical Services Tradesperson Level 1 (120%) 77
An Advanced Plumbing and Mechanical Services Tradesperson Level 1 is a
Plumbing and Mechanical Services Tradesperson - Special Class Level 2 who has
who successfully completed:1.5 appropriate modules in addition to the training
requirements of Plumbing and Mechanical Services Tradesperson - Special Class
Level 2; or equivalent; or will have equivalent skills gained through work experience
subject to having successfully completed a skills test equivalent to the structured
training requirements for this level.
An Advanced Plumbing and Mechanical Services Tradesperson Level 1 works above
and beyond a Plumbing and Mechanical Services Tradesperson - Special Class
Level 2 and to the level of their training.
Indicative tasks which an Employee at this level may perform include:
• exercises the skills attained through completion of the training prescribed for
this classification;
• exercises discretion within their level of training;
• is able to provide trade guidance and assistance as part of a work team;
• understands and implements quality control techniques;
• works either independently within the skill level of the Employee, or in a team
environment with limited supervision; and
• reads, interprets and applies information from plans;
The following indicative tasks which an Employee at this level may perform are
subject to the Employee having the appropriate trade and post-trade training to
enable the Employee to perform the particular tasks:
• exercises high precision trade skills using various materials and/ or
specialised techniques;
• possesses effective written and verbal skills in order to provide concise
reporting and communication; and
• exercises skills involved in the fabrication, assembly, installation,
maintenance, testing, modifying, fault finding, design or commissioning of
systems such as water supply, sanitary, waste disposal and drainage,
mechanical services including heating, ventilation and air conditioning,
irrigation, roofing, gas fitting or gas consumer piping systems.
Advanced Plumbing Mechanical Services Tradesperson Level 2 (125%}
An Advanced Plumbing and Mechanical Services Tradesperson Level 2 is an
Advanced Plumbing and Mechanical Services Tradesperson Level 1 who has
successfully completed: 1.5 appropriate modules in addition to the training
requirements of an Advanced Plumbing and Mechanical Services Tradesperson
Level 1; or equivalent; or will have equivalent skills gained through work experience
78
An Advanced Plumbing and Mechanical Services Tradesperson Level 1 is a Plumbing and Mechanical Services Tradesperson - Special Class Level 2 who has who successfully completed:1.5 appropriate modules in addition to the training requirements of Plumbing and Mechanical Services Tradesperson - Special Class Level 2; or equivalent; or will have equivalent skills gained through work experience subject to having successfully completed a skills test equivalent to the structured training requirements for this level. An Advanced Plumbing and Mechanical Services Tradesperson Level 1 works above and beyond a Plumbing and Mechanical Services Tradesperson - Special Class Level 2 and to the level of their training. Indicative tasks which an Employee at this level may perform include: exercises the skills attained through completion of the training prescribed for . this classification; . exercises discretion within their level of training; · is able to provide trade guidance and assistance as part of a work team; . understands and implements quality control techniques; works either independently within the skill level of the Employee, or in a team environment with limited supervision; and . reads, interprets and applies information from plans; The following indicative tasks which an Employee at this level may perform are subject to the Employee having the appropriate trade and post-trade training to enable the Employee to perform the particular tasks: exercises high precision trade skills using various materials and/ or specialised techniques; . possesses effective written and verbal skills in order to provide concise reporting and communication; and exercises skills involved in the fabrication, assembly, installation, maintenance, testing, modifying, fault finding, design or commissioning of systems such as water supply, sanitary, waste disposal and drainage, mechanical services including heating, ventilation and air conditioning, irrigation, roofing, gas fitting or gas consumer piping systems. Advanced Plumbing Mechanical Services Tradesperson Level 2 (125%) An Advanced Plumbing and Mechanical Services Tradesperson Level 2 is an Advanced Plumbing and Mechanical Services Tradesperson Level 1 who has successfully completed: 1.5 appropriate modules in addition to the training requirements of an Advanced Plumbing and Mechanical Services Tradesperson Level 1; or equivalent; or will have equivalent skills gained through work experience 78
subject to having successfully completed a skills test equivalent to the structured
training requirements for this level.
79
subject to having successfully completed a skills test equivalent to the structured training requirements for this level. 79
An Advanced Plumbing and Mechanical Services Tradesperson Level 2 works above
and beyond an Advanced Plumbing and Mechanical Services Tradesperson Level 1
and to the level of their training.
Indicative tasks which an Employee at this level may perform include:
• undertakes quality control and work organisation at a level higher than for an
Advanced Plumbing and Mechanical Service Tradesperson Level 1;
• provides trade guidance and assistance as part of a work team;
• assists in the provision of training to employees in conjunction with
supervisors/ trainers;
• performs maintenance planning and predictive maintenance work within their
field of work;
• prepares reports of a technical nature on specific tasks or assignments as
directed; and
• exercises broad discretion within the scope of this level.
The following indicative tasks which an Employee at this level may perform are
subject to the Employee having the appropriate trade and post-trade training to
enable the Employee to perform the particular tasks:
• use information from plans to identify, diagnose and solve problems related to
work in a specific field;
• be able to identify any deviations from plans and sketches;
• schedule and plan work for a team and provide brief reports on the progress
and quality of the work;
• exercises skills involved in the fabrication, assembly, installation,
maintenance, testing, modifying, fault finding, design or commissioning of
systems such as water supply, sanitary, waste disposal and drainage,
mechanical services including heating, ventilation and air conditioning,
irrigation roofing gas fitting or consumer piping systems; and
• exercises diagnostic skills in respect of various systems in plumbing and
mechanical services.
SUPERVISION DEFINITIONS
GENERAL SUPERVISION
Working under general supervision means a person who:
• receives general instructions, usually covering only the broader technical
aspects of the work; and
• may be subject to progress checks but such checks are usually confined to
ensuring that, in broad terms, satisfactory progress is being made; and
• has their assignments reviewed on completion; and
80
An Advanced Plumbing and Mechanical Services Tradesperson Level 2 works above and beyond an Advanced Plumbing and Mechanical Services Tradesperson Level 1 and to the level of their training. Indicative tasks which an Employee at this level may perform include: · undertakes quality control and work organisation at a level higher than for an Advanced Plumbing and Mechanical Service Tradesperson Level 1; provides trade guidance and assistance as part of a work team; assists in the provision of training to employees in conjunction with supervisors/ trainers; performs maintenance planning and predictive maintenance work within their field of work; . prepares reports of a technical nature on specific tasks or assignments as directed; and . exercises broad discretion within the scope of this level. The following indicative tasks which an Employee at this level may perform are subject to the Employee having the appropriate trade and post-trade training to enable the Employee to perform the particular tasks: · use information from plans to identify, diagnose and solve problems related to work in a specific field; be able to identify any deviations from plans and sketches; schedule and plan work for a team and provide brief reports on the progress and quality of the work; . exercises skills involved in the fabrication, assembly, installation, maintenance, testing, modifying, fault finding, design or commissioning of systems such as water supply, sanitary, waste disposal and drainage, mechanical services including heating, ventilation and air conditioning, irrigation, roofing, gas fitting or consumer piping systems; and exercises diagnostic skills in respect of various systems in plumbing and mechanical services. SUPERVISION DEFINITIONS GENERAL SUPERVISION Working under general supervision means a person who: receives general instructions, usually covering only the broader technical aspects of the work; and may be subject to progress checks but such checks are usually confined to ensuring that, in broad terms, satisfactory progress is being made; and . has their assignments reviewed on completion; and 80
• although competent and well experienced, there may be occasions on which
the person will receive more detailed instructions.
LIMITED SUPERVISION
81
although competent and well experienced, there may be occasions on which the person will receive more detailed instructions. LIMITED SUPERVISION 81
Working under limited supervision means a person who:
• receives limited instructions, normally confined to a clE~ar statement of
objectives; and
• has their work usually measured in terms of the achievement of stated
objectives; and
• is fully competent and very experienced in a technical sense and requires little
guidance in the performance of their work.
EMPLOYEES EMPLOYED PR.IOR. TO TPIE GOMMENGEME~JT OF THIS AGR.EEMHJT
Employees employed prior to the commencement of this Agreement in one of the
below classifications may remain employed in accordance with the classification
structure below for the life of the Agreement. No new Employees employed after the
commencement of this Agreement will be employed at any of the below
classifications.
Classification
Plum in an ec anical ervIces orker evel 2 a new
entrant upon commencement in the industry
Plumbing and Mechanical Services Worker Level 2(b) after 3
months in the industr or, for those transitionin from level 1,
Plumbing and Mechanical Services Worker Level 2(c) after 12
months in the indust or, for those transitionin from level 1,
P umb1ng an Mee anica ervices Worker Level 2(d
upon fulfilling the substantive requirements below
Relativity to
Tank installer
100%
85
88
90
92.4
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
82
Working under limited supervision means a person who: receives limited instructions, normally confined to a clear statement of objectives; and has their work usually measured in terms of the achievement of stated objectives; and is fully competent and very experienced in a technical sense and requires little guidance in the performance of their work. EMPLOYEES EMPLOYED PRIOR TO THE COMMENCEMENT OF THIS AGREEMENT Employees employed prior to the commencement of this Agreement in one of the below classifications may remain employed in accordance with the classification structure below for the life of the Agreement. No new Employees employed after the commencement of this Agreement will be employed at any of the below classifications. Classification Relativity to Tank installer Plumbing and Mechanical Services Worker Level 2(a) (new (100%) entrant) (upon commencement in the industry) 85 Plumbing and Mechanical Services Worker Level 2(b) (after 3 months in the industry or, for those transitioning from level 1, 88 Plumbing and Mechanical Services Worker Level 2(c) (after 12 months in the industry or, for those transitioning from level 1, 90 Plumbing and Mechanical Services Worker Level 2(d) (upon fulfilling the substantive requirements below) 92.4 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 82 Installation Enterprise Agreement 2020-2024.
Appendix 1 -TABLE 1
Appendix 1
Rates of pay at the first full pay period after 1st Sept 2020
Sydney/ACT Wollongong &
NSW Country areas Central Coast
(36 hour div)
(38 hour div)
(38 hour div)
Tank Installer Level 2 ph $39.34 $28.56 $27.06
{Plumbers Labourer)
pw $1416.36 $1139.40 $1072.80 100%
Travel pd $35 $35 $33.17
Redundancy pw $130.00 $115.00 $95.00
Superannuation pw 9.5% 9.5% 9.5%
LSL pw As per LSLC As per LSLC As per LSLC
Top-Up W.C pw $15 $15 $15
Site Allowance ph $4.20 $4.20 $4.20
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
83
Appendix 1 - TABLE 1 Appendix 1 Rates of pay at the first full pay period after 1st Sept 2020 Sydney/ACT Wollongong & Central Coast NSW Country areas (36 hour div) (38 hour div) (38 hour div) Tank Installer Level 2 ph $39.34 $28.56 (Plumbers Labourer) $27.06 100% pw $1416.36 $1139.40 $1072.80 Travel pd $35 $35 $33.17 Redundancy pw $130.00 $115.00 $95.00 Superannuation pw 9.5% 9.5% 9.5% LSL pw As per LSLC As per LSLC As per LSLC Top-Up W.C pw $15 $15 $15 Site Allowance ph $4.20 $4.20 $4.20 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 83 Installation Enterprise Agreement 2020-2024.
Appendix 1 - TABLE 2
Appendix 1
Rates of pay at the first full pay period after 1st Sept 2021
Sydney/ACT
Wollongong &
NSW Country areas
Central Coast
(36 hour div)
(36 hour div)
(36 hour div)
Tank Installer Level 2 ph $40.85 $32.87 $30.96
(Plumbers labourer)
100% p
$1470.60 $1183.32 $1114.20
w
Travel pd $35 $35 $35
Redundancy
p
$135.00 $120.00 $10.00 w
Superannuation p
w
9.5% 9.5% 9.5%
LSL p
As per LSLC As per LSLC As per LSLC
w
Top-Up W.C
p
$15 $15 $15
w
Site Allowance ph $4.20 $4.20 $4.20
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
84
Appendix 1 - TABLE 2 Appendix 1 Rates of pay at the first full pay period after 1st Sept 2021 Sydney/ACT Wollongong & Central Coast NSW Country areas (36 hour div) (36 hour div) (36 hour div) Tank Installer Level 2 (Plumbers labourer) ph $40.85 $32.87 $30.96 100% p W $1470.60 $1183.32 $1114.20 Travel pd $35 $35 $35 Redundancy p W $135.00 $120.00 $10.00 03 Superannuation 9.5% 9.5% 9.5% LSL p W As per LSLC As per LSLC As per LSLC Top-Up W.C p W $15 $15 $15 Site Allowance ph $4.20 $4.20 $4.20 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 84 Installation Enterprise Agreement 2020-2024.
Appendix 1 - TABLE 3
Appendix 1
Rates of pay at the first full pay period after 1st Sept 2022
Sydney/ACT
Wollongong & NSW Country areas
Central Coast
(36 hour div)
(36 hour div)
(36 hour div)
Tank Installer Level 2 ph $42.36 $34.09 $32.11
(Plumbers Labourer)
pw $1309.68 $1113.02 $1046.90 100%
Travel pd $36 $35 $35
Redundancy pw $140 $125 $105
Superannuation pw 9.5% 9.5% 9.5%
LSL pw As per LSLC As per LSLC As per LSLC
Top-Up W.C pw $15 $15 $15
Site Allowance ph $4.20 $4.20 $4.20
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
85
Appendix 1 - TABLE 3 Appendix 1 Rates of pay at the first full pay period after 1st Sept 2022 Sydney/ACT Wollongong & Central Coast NSW Country areas (36 hour div) (36 hour div) (36 hour div) Tank Installer Level 2 ph $42.36 $32.11 (Plumbers Labourer) $34.09 100% pw $1309.68 $1113.02 $1046.90 Travel pd $36 $35 $35 Redundancy pw $140 $125 $105 Superannuation pw 9.5% 9.5% 9.5% LSL pw As per LSLC As per LSLC As per LSLC Top-Up W.C pw $15 $15 $15 Site Allowance ph $4.20 $4.20 $4.20 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 85 Installation Enterprise Agreement 2020-2024.
Appendix 1 -TABLE 4
Appendix 1
Rates of pay at the first full pay period after 1st Septl 2023
Sydney/ACT Wollongong &
NSW Country areas
Central Coast
(36 hour div)
(38 hour div)
(38 hour div)
Tank Installer Level 2 ph $43.87 $36.30 $34.17
(Plumbers Labourer)
100% pw $1579.32 $1306.80 $1230.12
Travel pd $35 $35 $35
Redundancy pw $145.00 $130.00 $110.00
Superannuation pw 9.5% 9.5% 9.5%
LSL pw As per LSLC As per LSLC As per LSLC
Top-Up W.C pw $15 $15 $15
Site Allowance ph $4.20 $4.20 $4.20
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
86
Appendix 1 - TABLE 4 Appendix 1 Rates of pay at the first full pay period after 1st Septl 2023 Sydney/ACT Wollongong & Central Coast NSW Country areas (36 hour div) (38 hour div) (38 hour div) Tank Installer Level 2 ph $43.87 $36.30 $34.17 (Plumbers Labourer) 100% pw $1579.32 $1306.80 $1230.12 Travel pd $35 $35 $35 Redundancy pw $145.00 $130.00 $110.00 Superannuation pw 9.5% 9.5% 9.5% LSL pw As per LSLC As per LSLC As per LSLC Top-Up W.C pw $15 $15 $15 Site Allowance ph $4.20 $4.20 $4.20 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 86 Installation Enterprise Agreement 2020-2024.
APPENDIX 2 - RATES OF PAY INDENTURED APPRENTICE
APPENDIX 2 - TABLE 1 - INDENTURED APPRENTICE
Appendix 2 Table 1
Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2020
Pav rates include industry and tool allowance
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2NDYEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $15.29 $20.12 $28.55 $32.71
p/w $550.44 $724.32 $1027.80 $1177.56
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $24.29 $24.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 2 - TABLE 2 - INDENTURED APPRENTICE
Appendix 2 Table 2
Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2021
Pav rates include industry and tool allowance
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $15.88 $20.89 $29.65
p/w $571.68 $752.04 $1067.40
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $29.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
4THYEAR
3 to 4 years'
experience
(36 hour div)
$33.97
$1222.92
$26.00
$29.29
9.5%
As per LSLC
$3.79
$15
87
APPENDIX 2 - RATES OF PAY INDENTURED APPRENTICE APPENDIX 2 - TABLE 1 - INDENTURED APPRENTICE Appendix 2 Table 1 Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2020 Pay rates include industry and tool allowance APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $15.29 $20.12 $28.55 $32.71 p/w $550.44 $724.32 $1027.80 $1177.56 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/v Nil Nil $24.29 $24.29 Superannuation p/v 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 2 - TABLE 2 - INDENTURED APPRENTICE Appendix 2 Table 2 Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2021 Pay rates include industry and tool allowance APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $15.88 $20.89 $29.65 $33.97 p/w $571.68 $752.04 $1067.40 $1222.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $29.29 $29.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSI p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 87 Installation Enterprise Agreement 2020-2024.
APPENDIX 2 - TABLE 3 - INDENTURED APPRENTICE
Appendix 2 Table 3
Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2022
Pay rates include industrv and tool allowance
INDENTURED INDENTURED INDENTURED INDENTURED
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2NDYEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $16.47 $21.66 $30.75 $35.23
p/w $592.92 $779.76 $1107.00 $1268.28
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $34.29 $34.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 2 - TABLE 4 - INDENTURED APPRENTICE
Appendix 3 Table 4
Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2023
Pay rates include industry and tool allowance
INDENTURED INDENTURED INDENTURED INDENTURED
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.06 $22.43 $31.85 $36.49
p/w $614.16 $807.48 $1146.60 $1313.64
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $39.29 $39.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
88
APPENDIX 2 - TABLE 3 - INDENTURED APPRENTICE Appendix 2 Table 3 Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2022 Pay rates include industry and tool allowance INDENTURED INDENTURED INDENTURED APPRENTICE APPRENTICE INDENTURED APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience (36 hour div) experience (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $16.47 $21.66 $30.75 $35.23 p/w $592.92 $779.76 $1107.00 $1268.28 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 2 - TABLE 4 - INDENTURED APPRENTICE Appendix 3 Table 4 Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2023 Pay rates include industry and tool allowance INDENTURED INDENTURED INDENTURED INDENTURED APPRENTICE APPRENTICE 1ST YEAR APPRENTICE APPRENTICE 2ND YEAR 3RD YEAR up to 1years 4TH YEAR 1 to 2 years' 2 to 3 years 3 to 4 years' experience experience (36 hour div) (36 hour div) experience (36 hour div) experience (36 hour div) Pay Rate p/h $17.06 $22.43 $31.85 $36.49 p/w $614.16 $807.48 $1146.60 $1313.64 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank Installation Enterprise Agreement 2020-2024. 88
APPENDIX 3 - RATES OF PAY TRAINEE APPRENTICE
APPENDIX 3 TABLE 1 - TRAINEE APPRENTICE
Appendix 3 Table 1
Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2020
Pav rates include industry and tool allowance
TRAINEE TRAINEE TRAINEE TRAINEE
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $16.53 $21.73 $30.32 $33.38
p/w $595.08 $782.28 $1091.52 $1201.68
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $24.29 $24.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 3 TABLE 2 - TRAINEE APPRENTICES
Appendix 3 Table 2
Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2021
Pay rates include industry and tool allowance
TRAINEE TRAINEE TRAINEE TRAINEE
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.17 $22.57 $31.49
p/w $618.12 $812.52 $1133.64
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $29.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
4THYEAR
3 to 4 years'
experience
(36 hour div)
$34.66
$1247.76
$26.00
$29.29
9.5%
As per LSLC
$3.79
$15
89
APPENDIX 3 - RATES OF PAY TRAINEE APPRENTICE APPENDIX 3 TABLE 1 - TRAINEE APPRENTICE Appendix 3 Table 1 Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2020 Pay rates include industry and tool allowance TRAINEE TRAINEE TRAINEE TRAINEE APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $16.53 $21.73 $30.32 $33.38 p/w $595.08 $782.28 $1091.52 $1201.68 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $24.29 $24.29 Superannuation p/v 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 3 TABLE 2 - TRAINEE APPRENTICES Appendix 3 Table 2 Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2021 Pay rates include industry and tool allowance TRAINEE TRAINEE TRAINEE TRAINEE APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $17.17 $22.57 $31.49 $34.66 p/w $618.12 $812.52 $1133.64 $1247.76 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $29.29 $29.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 89 Installation Enterprise Agreement 2020-2024.
APPENDIX 3 TABLE 3-TRAINEE APPRENTICES
Appendix 3 Table 3
Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2022
Pay rates include industry and tool allowance
TRAINEE TRAINEE TRAINEE TRAINEE
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2NDYEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.81 $23.41 $32.66 $35.94
p/w $641.16 $842.76 $1175.76 $1293.84
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $34.29 $34.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 3 TABLE 4-TRAINEE APPRENTICES
Appendix 3 Table 4
Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2023
Pay rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $18.45 $24.75 $34.77
p/w $664.20 $891.00 $1251.72
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $39.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
4THYEAR
3 to 4 years'
experience
(36 hour div)
$37.22
$1339.92
$26.00
$39.29
9.5%
As per LSLC
$3.79
$15
90
APPENDIX 3 TABLE 3 - TRAINEE APPRENTICES Appendix 3 Table 3 Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2022 Pay rates include industry and tool allowance TRAINEE TRAINEE TRAINEE TRAINEE APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $17.81 $23.41 $32.66 $35.94 p/w $641.16 $842.76 $1175.76 $1293.84 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/v As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 3 TABLE 4 - TRAINEE APPRENTICES Appendix 3 Table 4 Trainee Apprentice rates of pay at the first full pay period after 1st Sept 2023 Pay rates include industry and tool allowance ADULT ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $18.45 $24.75 $34.77 $37.22 p/w $664.20 $891.00 $1251.72 $1339.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 90 Installation Enterprise Agreement 2020-2024.
APPENDIX 4 - RATES OF PAY ADULT APPRENTICE
APPENDIX4 TABLE 1 -ADULT APPRENTICES
Appendix 4 Table 1
Adult Apprentice rates of pay at the first full pay period after 1st Sept 2020
Pay rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $21.73 $30.32 $33.38
p/w $782.28 $782.28 $1091.52 $1201.68
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $24.29 $24.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX4 TABLE 2 -ADULT APPRENTICES
Appendix 4 Table 2
Indentured Apprentice rates of pay at the first full pay period after 1st Sep ti 2021
Pav rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $22.57 $31.49
p/w $782.28 $812.52 $1133.64
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $29.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
4THYEAR
3 to 4 years'
experience
(36 hour div)
$34.66
$1247.76
$26.00
$29.29
9.5%
As per LSLC
$3.79
$15
91
APPENDIX 4 - RATES OF PAY ADULT APPRENTICE APPENDIX 4 TABLE 1 - ADULT APPRENTICES Appendix 4 Table 1 Adult Apprentice rates of pay at the first full pay period after 1st Sept 2020 Pay rates include industry and tool allowance ADULT ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $21.73 $21.73 $30.32 $33.38 p/w $782.28 $782.28 $1091.52 $1201.68 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $24.29 $24.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 4 TABLE 2 - ADULT APPRENTICES Appendix 4 Table 2 Indentured Apprentice rates of pay at the first full pay period after 1st Septl 2021 Pay rates include industry and tool allowance ADULT ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $21.73 $22.57 $31.49 $34.66 p/w $782.28 $812.52 $1133.64 $1247.76 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $29.29 $29.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 91 Installation Enterprise Agreement 2020-2024.
APPENDIX 4 TABLE 3 -ADULT APPRENTICES
Appendix 4 Table 3
Adult Apprentice rates of pay at the first full pay period after 1st Sept 2022
Pav rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2NDYEAR 3RDYEAR 4THYEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $23.41 $32.66 $35.94
p/w $782.28 $842.76 $1175.76 $1293.84
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $34.29 $34.29
Superannuation p/w 9.5% 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 4 TABLE 4 -ADULT APPRENTICES
Appendix 4 Table 2
Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2023
Pav rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2NDYEAR 3RDYEAR
up to 1years 1 to 2 years' 2 to 3 years'
experience experience experience
(36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21.73 $24.75 $34.77
p/w $782.28 $891.00 $1251.72
Travel p/d $22.70 $26.00 $26.00
Redundancy p/w Nil Nil $39.29
Superannuation p/w 9.5% 9.5% 9.5%
LSL p/w As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90
Top-Up W.C p/w $15 $15 $15
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
4TH YEAR
3 to 4 years'
experience
(36 hour div)
$37.22
$1339.92
$26.00
$39.29
9.5%
As per LSLC
$3.79
$15
92
APPENDIX 4 TABLE 3 - ADULT APPRENTICES Appendix 4 Table 3 Adult Apprentice rates of pay at the first full pay period after 1st Sept 2022 Pay rates include industry and tool allowance ADULT ADULT ADULT APPRENTICE ADULT APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR APPRENTICE 3RD YEAR up to 1years 1 to 2 years 4TH YEAR 2 to 3 years 3 to 4 years' experience experience (36 hour div) experience experience (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $21.73 $23.41 $32.66 $35.94 p/w $782.28 $842.76 $1175.76 $1293.84 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 4 TABLE 4 - ADULT APPRENTICES Appendix 4 Table 2 Indentured Apprentice rates of pay at the first full pay period after 1st Sept 2023 Pay rates include industry and tool allowance ADULT ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $21.73 $24.75 $34.77 $37.22 p/w $782.28 $891.00 $1251.72 $1339.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w 9.5% 9.5% 9.5% 9.5% LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 92 Installation Enterprise Agreement 2020-2024.
APPENDIX 5 - List of Tools
1 x pair 225mm Footprints 1 x 150mm Crescent shiftinq spanner
1 x pair 250mm Stillsons 1 x 300mm crescent shiftinq spanner
1 x pair 450mm Stillsons 1 x 250mm rasp & handle
1 x pair 250mm Vice Grips 1 x 250mm half round file & handle
1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225)
1 x pair 225mm Multiqrips 1 x junior hacksaw
1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm
1 x pair 300mm straight snips 1 x tapered bent pin
1 x pair 175mm curved snips 1 x pointinq towel
1 x pair left hand wiss snips 1 x basin spanner
1 x Pair rioht hand wiss snips 1 x strap bench
1 x Pair pop rivet Pliers 1 x centre punch
1 x pair 200mm dividers 1 x prick punch
1 x pair 15mm copper tube benders 1 x nail baq
1 x set Allen keys 1mm-10mm 1 x toolbox or carry all or equivalent
1 x set ratchet socket wrench 6-25mm or 1 x pluoainq chisel
1 x set open end/rinq spanners 6-16mm 1 x 13mm cold chisel
1 x screwdriver 200mm Phillips 1 x 25mm cold chisel
2 x screwdriver 150mm Phillips 1 x Stanlev knife
1 x screwdriver 300mm slotted 1 x flint qun
1 x screwdriver 200mm slotted 1 x oxy key
1 x cross pin hammer 10 oz 1 x 8 metre measurinq tape
1 x hand wood saw 660mm per year- replaced by
1 x ball pin hammer 20 oz employer on a fair ware and tare basis
1 x claw hammer 20 oz 1 x PVC conduit cutters
1 x trap or spud wrench 1 x wire brush
1 x lump hammer 4LB 1 x battery drill with battery and charqer
1 x bevel square 250mm
1 x set square 300mm In addition to the above list (where applicable) the tool
1 x line level list for Drainers shall include the following:
1 x spirit level 600mm
1 x brickies strinQ line 1 x 1200mm level
1 x chaulk-o-matic 1 x 30m measurinQ tape
1 x plumbob 450qr 1 x wood float
1 x 25mm wood chisel 1 x steel float
1 x edqinq tool
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
93
APPENDIX 5 - List of Tools 1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 1 x pair 250mm Stillsons 1 x 300mm crescent shifting spanner 1 x pair 450mm Stillsons 1 x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225) 1 x pair 225mm Multigrips 1 x junior hacksaw 1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm 1 x pair 300mm straight snips 1 x tapered bent pin 1 x pair 175mm curved snips 1 x pointing towel 1 x pair left hand wiss snips 1 x basin spanner 1 x pair right hand wiss snips 1 x strap bench 1 x pair pop rivet pliers 1 x centre punch 1 x pair 200mm dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x set Allen keys 1mm-10mm 1 x toolbox or carry all or equivalent 1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel 1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel 1 x screwdriver 200mm Phillips 1 x 25mm cold chisel 2 x screwdriver 150mm Phillips 1 x Stanley knife 1 x screwdriver 300mm slotted 1 x flint gun 1 x screwdriver 200mm slotted 1 x oxy key 1 x cross pin hammer 10 oz 1 x 8 metre measuring tape 1 x hand wood saw 660mm per year- replaced by 1 x ball pin hammer 20 oz employer on a fair ware and tare basis 1 x claw hammer 20 oz 1 x PVC conduit cutters 1 x trap or spud wrench 1 x wire brush 1 x lump hammer 4LB 1 x battery drill with battery and charger 1 x bevel square 250mm 1 x set square 300mm In addition to the above list (where applicable) the tool 1 x line level list for Drainers shall include the following: 1 x spirit level 600mm 1 x brickies string line 1 x 1200mm level 1 x chaulk-o-matic 1 x 30m measuring tape 1 x plumbob 450gr 1 x wood float 1 x 25mm wood chisel 1 x steel float 1 x edging tool Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 93 Installation Enterprise Agreement 2020-2024.
Appendix D - Table 1 - RDO Calendar - 2021
1. 2 10 11 12 13 1. ~ 2
14 15 16 17 18 19 20 14 15 16
20 21 21 23 24 25 26 27 21 23
25 26 27 28 28 28 29 30
! !
1 2 Q 1. ~ 2 10 i 1 1 2 Q 1. ~ Q 1. ~
11 12 13 14 15 16 17 2 10 11 12 13 14 15 13 14 15
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22
25 26 27 28 29 30 25 26 27 28 29 27 28 29 -
1 i 1 ! 2 1 4 2 Q 1.
1 2 Q 1. ~ 2 10 ~ 10 11 12 13 14 2 Q 1.
11 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14
18 19 20 21 22 23 24 22 24 25 26 27 28 19 20 21
25 26 27 28 29 30 31 29 30 31 26 28
1 1 2 Q 7 ~ 2 7 ~ 2 10 11 12 13 2 Q 1.
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14
17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21
24 25 26 27 28 29 30 28 29 30 26 27 28
31 -
• Annual leave
• Flexible RDO Scheduled RDO =
•• Designated Long Weekend {Public Holiday and RDO)
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
10 11 12 13
17 18 19 20
24 25 26 27
31
i 1 1 2
2 10 11 12
16 17 18 19
23 24 25 26
30
! i 1 4
~ 2 10 11
15 16 17 18
22 23 24 25
29 30
~ 2 10 11
15 16 17 18
22 23 24 25
29
94
Appendix D - Table 1 - RDO Calendar - 2021 2021 SMTWIES SMT WTF S SMTW T F S 1 2 1 2 3 4 5 6 1 3 4 5 6 NI - 3 4 5 6 7 8 9 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 4 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 2 27 24 25 26 27 28 29 30 28 28 29 30 31 31 . . - - - SMTWTFS SMTWTF S SMTWT F S 1 2 3 1 1 2 3 4 5 : 5 6 7 8 9 10 2 3 4 5 6 8 6 7 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 - SMTWI F 5 S M T W I ES SMT W I F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 - - 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 8 9 10 11 11 12 13 14 15 16 17 15 1 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 27 28 29 30 31 29 30 31 26 27 28 29 30 - SMTWI F S SMTWTFS SMTWIES 1 2 1 2 3 4 5 6 1 2 3 4 - 3 4 5 6 7 8 9 8 9 10 1 12 13 5 6 7 8 9 10 11 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 Annual leave Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 94 Installation Enterprise Agreement 2020-2024.
i ~ 1
~ 10 11 12 13 14 15
16 11 18 ~ ~ ll ll
23 24 25 26 n ~ ~
1 i
~ 1 2 Q 7 ~ ~
10 11 12 13 14
17 18 19 20 21
24 25 26 27 28 29 30
! i
~ 1 2 Q I ~ ~
10 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
i ~ 1 2 Q I ~
~ 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31 -
• Annual leave
• Flexible RDO
Q I
13 14
20
27 28
! i
~ ~
15 16
22
29 30
!
I
14 15
21
28 29
Q I
13 14
20
27 28
~ ~
15 16
22 23
~ 1
10 11
17 18
24 25
31
i ~
~ 10
16 17
23 24
30 31
! 2
~ ~
15 16
22 23
29 30
10 11 12
17 18 19
24 25 26
2 Q I
12 13 14
19 20 21
26 27 28
1 2 Q
11 12 13
18 19 20
25 26 27
~ 4 2
10 11 12
17 18 19
24 25 26
Scheduled RDO
•• Designated Long Weekend (Public Holiday and RDO)
Q Z ~ ~ 10 11 12
13 14 15 16 17 18 19
! i ~ 1
2 Q I ~ ~ 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
! i ~
1 2 Q I ~ ~ 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 -
1 2 Q I ~ ~ 10
11 12 13 14 15 16 17
18 19 20 21
25 26 27 28
=
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank
Installation Enterprise Agreement 2020-2024.
95
Appendix D - Table 1 - RDO Calendar - 2022 2022 SMTWTFS SMIWTF S SMTWTFS 1 1 2 3 4 5 1 2 3 4 5 - - 2 3 4 5 6 7 8 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 1 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 1 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 3 - - 30 31 SMTWTES SMIWTF S SMTWTES 1 2 1 2 3 4 5 6 Z 1 2 3 4 - 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 1 - - SMTWT F S S M T W T F S SMIWIES 1 2 1 2 3 4 5 6 1 2 3 - 3 4 5 6 8 9 7 8 10 11 12 13 15 6 7 8 9 10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17 17 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 SMT W E S S MI WTES SMIWTF S 1 1 2 3 4 5 1 2 3 - 2 3 4 5 6 7 8 6 7 8 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15 16 17 18 19 11 12 13 14 15 16 17 16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 25 26 27 28 30 31 30 31 - Annual leave Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 95 Installation Enterprise Agreement 2020-2024.
Appendix D - Table 1 - RDO Calendar - 2023
!! 2 10 11 12 13 14
15 16 17 18 ~ ~ ll
22 23 24 25 ~ 'fl_ ~
!
£ ~ 1 2 2 1 !!
2 10 11 12 13 14 15
16 17 18 19 20 21
23 24 25 26 27 28
30 _ _ _ _ _
!
£ ~ 1 2 2 1 !!
2 10 11 12 13 14 15
16 17 18 19 20 21 22
23 25 26 27 28 29
!! 2 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
• Annual leave
• Flexible RDO
2 2 7 !! 2 1011
12 13 14 15 16 17 18
! £ ~ 1 2 Q
1 !! 2 10 11 12 13
14 15 16 17 18 19 20
21 23 24 25 26 27
28 29 30 31
! £ ~ 4 2
2 1 !! 2 10 11 12
13 14 15 16 17 18 19
20 22 23 24 25 26
27 28 29 30 31
! £ ~ 1
2 7 !! 2 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
Scheduled RDO
•• Designated Long Weekend (Public Holiday and RDO)
2 2 1 !! 2 10 11
12 13 14 15 16 17 18
1 £ ~
1 2 Q 7 !! 2 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 27 28 29 30 -
! £
~ 1 2 Q 1 !! 2
10 11 12 13 14 15 16
17 19 20 21 22 23
24 25 26 27 28 29 30
~ 1 2 2 1 !! 2
10 11 12 13 14 15 16
17 18 19
24 25 26
31 -
=
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 96
Installation Enterprise Agreement 2020-2024.
Appendix D - Table 1 - RDO Calendar - 2023 2023 SMTWIES SMTWTFS SMTWTF S 1 2 3 4 5 6 7 1 2 3 4 - 1 2 3 4 8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 -- SMIWIFS SMTWIES SMTWTES 1 1 2 3 4 56 1 2 3 - - 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 67 N 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 2 22 21 22 23 24 25 26 27 18 19 20 21 22 23 2 23 24 25 26 27 2 29 28 29 30 31 25 26 27 28 29 30 30 _ - - SMIWIES SMTWTE S SMTWTF S 1 1 2 3 4 5 1 2 - 2 3 4 5 6 8 6 7 8 9 10 11 12 3 4 5 6 Z 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 SMTWT FS SMTWTF SMTWTF S 1 2 3 4 5 6 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 8 9 10 11 24 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 - 31 Annual leave Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 96 Installation Enterprise Agreement 2020-2024.
.I. I I '"' I • . . . ••• • • I• I '
2024
January '24 ~, February '24 sl March '24
s M T w T F M T w T F M T w T F
7 8 9 10 11 12 13
14 15 16 17 18 19 20
22 23 24 25 26 27
29 30 31
April '24
S M T W T F S
7 8 9 10 11 12 13
14 15 16 17 18 19 20
22 23 24 25 26 27
29 30
July '24
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 30 31
October '24
S M T W T F S , a
6 7 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
4 5 6 7 8 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29
May '24
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 21 22 23 24 25
26 27 28 29 30 31
August '24
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 31
November '24
S M T W T F S
1 2
3 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22
24 25 26 27 28 29
• Annual leave (optional)
• Flexible RDO
Scheduled RDO =
D D Designated Long Weekend (Public Holiday and RDO)
3 4 5 6 7 9
10 11 12 13 14 15 16
17 19 20 21 22 23
25 26 27 28 29 30
2 3 4 5 6 7
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 25 26 27 28 29
September '24
SM TWT F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 24 25 26 27 28
29 30
8 9 10 11 12 13 14
15 16 17 18 19 20 21
25 26 27 28
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 97
Installation Enterprise Agreement 2020-2024 .
Appendix D - Table 1 - RDO Calendar - 2024 2024 January '24 February '24 March '24 SMTWTF S S MTWTFS s MTWTF S 1 2 3 4 5 6 1 2 3 1 2 7 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April '24 May '24 June '24 S M WTFS S MT W TFS LL SMTWTF S 1 2 3 4 5 6 1 2 3 4 1 78 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 July '24 August '24 September '24 SMTWTF S SMTWTF S SMTWTF S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October '24 November '24 December '24 SMTWTFS SMTWTFS S MTWTF S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 5 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 1 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 97 Installation Enterprise Agreement 2020-2024.
SIGNATORY PAGE
For and on behalf of Tank Services Pty Ltd
Name:
Position:
ABN:
Company address: _lS_l s=-+-( ~-:c._,__er-._c...A~'~_,----~ __ · __ _
qie~:'.:_J
For and on behalf of
CEPU Plumbing Division (NSW Branch)
~
Signature
Name: Theo Samartzopoulos
Position: NSW State Secretary
Branch address: Shop 1, 111 McEvoy Street
Alexandria NSW 2015
Telephone: (02) 9310-3411
Fax: (02) 9310-1380
Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 98
Installation Enterprise Agreement 2020-2024.
SIGNATORY PAGE For and on behalf of Tank Services Pty Ltd Bryan Aldridge Name: Position: Managing Director. ABN: 46 074 334 919 . Company address: 151 Glendenning Rd. Glendenning 16/02/2021. Signature 'Date For and on behalf of CEPU Plumbing Division (NSW Branch) 16/02/2021 Signature Date Name: Theo Samartzopoulos Position: NSW State Secretary Branch address: Shop 1, 111 McEvoy Street Alexandria NSW 2015 Telephone: (02) 9310-3411 Fax: (02) 9310-1380 Tasman Tanks Pty Ltd & CEPU Plumbing Division - NSW Branch Tank 98 Installation Enterprise Agreement 2020-2024.
