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Fair Work Act 2009
s.185—Enterprise agreement
ENGIE Fire Protection Pty Limited
(AG2022/2027)
ENGIE FIRE PROTECTION PTY LTD AND CEPU NSW/NFIA
SPRINKLER FITTERS ENTERPRISE AGREEMENT NSW & ACT 2020
– 2024
Plumbing industry
DEPUTY PRESIDENT COLMAN MELBOURNE, 1 JULY 2022
Application for approval of the ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler
Fitters Enterprise Agreement NSW & ACT 2020 - 2024
[1] ENGIE Fire Protection Pty Limited has made an application for approval of an
enterprise agreement known as the ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA
Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 - 2024 (the Agreement) pursuant to
s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] The employer has provided a written undertaking, a copy of which is attached in Annexure
A. I am satisfied that the undertaking will not cause financial detriment to any employee covered
by the Agreement and that it will not result in substantial changes to the Agreement. The
undertaking is taken to be a term of the Agreement. Subject to this undertaking, and 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, 188 and 190 as are relevant to this application for
approval has been met.
[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.
[4] The Agreement was approved on 1 July 2022 and, in accordance with s 54, will operate
from 8 July 2022. The nominal expiry date of the Agreement is 1 March 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE516527 PR743276
[2022] FWCA 2209
DECISION
FairWork
Commission
EWORK ISSION THE SEAL OF THE F
AUSTRALIA FairWork Commission
[2022] FWCA 2209
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Annexure A
FWC Matter Number:
AG2022/2027
Applicant :
EQUANS Fire Prot ection Services Pty Limited
Section 185 - Application for approval of a single enterprise agreement
Undert aking - Section 190
I, Alicia Ryan-Peek, ER Specialist have the authority given to me by EQUANS Fire Protect ion Services
Pty Lim ited to give the following undert akings w ith respect to the ENGIE Fire Protection Pty Ltd &
CEPU NSW/ NFIA Sprinkler Fit ters Enterprise Agreement NSW & ACT 2020 - 2024 {"the
Agreement"):
1. The National Employment St andards (NES) apply to all employees as a minimum standard.
Where t here is an inconsistency between the NES and a clause of this agreement, t he NES
w ill apply and the clause of the agreement wil l not apply, except to the extent that the
clause of t he agreement provides for a more beneficial outcome for employees than the
NES.
These undertakings are provided on the basis of issues raised by the Fair Work Commission in
t he application before the Fair Work Commission.
Signature
29/06/2022
Date
FWC Matter Number: AG2022/2027 Applicant: EQUANS Fire Protection Services Pty Limited Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190 I, Alicia Ryan-Peek, ER Specialist have the authority given to me by EQUANS Fire Protection Services Pty Limited to give the following undertakings with respect to the ENGIE Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 - 2024 ("the Agreement"): 1. The National Employment Standards (NES) apply to all employees as a minimum standard. Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature 29/06/2022 Date
ENGIE Fire Protection Pty Ltd
and CEPU NSW/NFIA
Sprinkler Fitters
Enterprise Agreement
NSW & ACT
2020-2024.
EOUANS
EMPOWERING TRANSITIONS
EQUANS EMPOWERING TRANSITIONS
Daly
New Stamp
Clause No. Name Page No.
1 Title 2
2 Parties and Persons Bound 2
3 Intentions of the Parties 2
4 Lodgement and Date of Operation of Agreement 2
5 No Extra Claims and Increases to Wages and Allowances 3
6 Definitions & Interpretations 3
7 Types of Employment 5
8 Payment of Wages 7
9 Fares and Travelling 8
10 Allowances & Expenses 11
11 Charge Hands 16
12 Special Working Conditions 17
13 Time Records 18
14 Employee and Employer Duties 18
15 Licence and Registration 18
16 Mixed Functions 18
17 Superannuation 19
18 Long Service Leave 20
19 Redundancy/Severance 20
20 Retrenchment Selection Criteria 23
21 Top-up workers compensation/24 Hour Accident Cover & Sickness
Insurance
23
22 Rostered Day Off 24
23 Hours of Work 27
24 Work breaks 29
25 Overtime – Construction Only 29
26 Weekend Work 30
27 Night Shift 31
28 Holidays and Sunday Work 32
29 Family Picnic Day 33
30 Personal/Carer’s Leave And Compassionate Leave 33
31 Annual Leave 33
32 Parental Leave 33
33 Termination of Employment 33
34 Apprentices 34
35 Structured Vocational Training 38
36 Tools 39
37 Protective Clothing 39
38 Consultative Mechanisms 39
39 Occupational Health and Safety 40
40 Inclement Weather 41
41 Anti-Discrimination 41
42 Jury Service & Community Service Leave 42
43 Disputes Resolution Procedure 42
44 Service Work Only 44
45 Workplace flexibility 45
46 Consultation 46
47 Company Delegate 48
48 Code Compliance / Severability 49
49 Family & Domestic Violence Leave 49
50 Heat Policy 52
51 Asbestos Awareness Training 52
52 Signatories 53
53 Appendix A - Wage Rates and Allowances Fitter 54
54 Appendix A – Wage Rates and Allowance – Apprentices 56
55 Appendix B - Rates Schedule 64
56 Appendix C - Chart of Entitlements. 64
57 Appendix D – RDO Calendar 65
58 Appendix E – Security of Employment Arrangement 68
1. TITLE
1.1 This Agreement will be known as the ENGIE Fire Protection Pty Ltd and CEPU NSW/NFIA
Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 – 2024
2. PARTIES AND PERSONS BOUND
2.1 This Agreement will be binding upon each of the following:
(a) ENGIE Fire Protection Pty Ltd (“Employer”) in respect of persons engaged in NSW and the
ACT employed in connection with the preparing, erecting, fitting, fixing, altering, testing,
overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings,
ships or other structures for the extinguishment of fire by automatic sprinklers and/or
other fire protection systems.
(b) Persons employed by the Employer in NSW and the ACT in connection with the
preparing, erecting, fitting, fixing, altering, testing, overhauling or repairing of
apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures
for the extinguishment of fire by automatic sprinklers and/or other fire protection
systems (“Employees”).
(c) The Communications Electrical Electronic Energy Information Postal Plumbing and
Allied Services Union of Australia (“CEPU”). This Agreement recognises the CEPU –
Plumbing Division NSW Branch as a legitimate representative of the Employees covered
by this Agreement.
3. INTENTIONS OF THE PARTIES
3.1 The intentions of the parties in reaching this Agreement are to:
(a) Provide for an efficient, progressive and prosperous fire protection industry for the
benefit of the Employer and its Employees;
(b) Improve job satisfaction and continuity of employment for workers;
(c) Create a co-operative and productive industrial relations environment;
(d) Maintain a safe working environment;
(e) Ensure the integrity of structured training consistent with national competency
standards; and
(f) Maintain a stable and skilled workforce.
4. LODGEMENT AND DATE OF OPERATION OF AGREEMENT
4.1 This Agreement will be lodged in accordance with the Fair Work Act 2009 as an Enterprise
Agreement.
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4.2 This Agreement will come into operation 7 days from the date of certification and remain in
effect until the 1st March 2024.
4.3 The Employer must ensure that copies of this Agreement and the NES are available to all
Employees to whom they apply at or near the workplace or through electronic means,
whichever makes them more accessible.
4.4 The NES and this Agreement combine to contain the minimum conditions of employment for
Employees covered by this Agreement.
5. NO EXTRA CLAIMS AND INCREASES TO WAGES AND ALLOWANCES
5.1 In recognition of the productivity measures identified herein, the following payments will be
available to all Employees covered by this Agreement:
(a) The rates of pay and allowances as provided in Appendix A and Appendix B and other
benefits including annual leave, public holidays, paid leisure days, personal leave, hours
of work and overtime subject to the terms and conditions outlined in this Agreement;
(b) The parties accept that this Agreement is in full and final settlement of all wages, terms
and conditions claims. There will be no further claims on any matter; and
(c) Increases in wages and other conditions of employment in this Agreement will accrue
as provided for under this Agreement.
5.2 No Employee will be disadvantaged by the introduction of this Agreement.
5.3 Nothing in this Agreement requires an Employer to maintain or increase payments that are in
excess of this Agreement.
6. DEFINITIONS AND INTERPRETATIONS
6.1 For the purpose of this Agreement unless the contrary intention appears:
(a) NSW means the State of New South Wales.
(b) ACT means the Australian Capital Territory.
(c) The Act means the Fair Work Act 2009 (Cth).
(d) FWC means Fair Work Commission.
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(e) NES means the National Employment Standards as contained in sections 59 to 131 of
the Fair Work Act 2009 (Cth).
(f) Sprinkler fitter / fire protection worker means a fitter/worker who can undertake all
work in connection with preparing, erecting, fitting, fixing, commissioning, altering,
overhauling, repairing or testing of apparatus, pipes and/or fittings including the fixing
and connecting of tanks, valves, water supplies, pumps, gauges, or alarms for systems
for the detection, extinguishment and/or control of fires and/or all pipes and/or fittings
for conveyance of water, air and/or gas and/or chemical compounds and/or pipes and
fittings for hydrant and hose reel services.
(g) Industry disability allowance means an allowance incorporated in the base hourly rate
to compensate for the following disabilities associated with construction work on-site:-
i. Climatic condition when working in the open on all types of work;
ii. The physical disadvantage of having to climb stairs or ladders;
iii. The disability of dust blowing in the wind, brick dust, or drippings from concrete;
iv. Sloppy and muddy conditions associated with the initial stages of the erection of a
building;
v. The disability of work on all types of scaffolds or ladders other than a swing scaffold,
suspended scaffold or a bosun’s chair;
vi. The lack of usual amenities associated with factory work (e.g. meal rooms, change
rooms, lockers);
vii. Handling insulation material;
viii. Use of explosive powered tools;
ix. Using toxic substances, or working in close proximity to others working with toxic
substances; and/or
x. Use of pressure oxy-acetylene or electric welding equipment or pressure oxy-
acetylene cutting equipment except where qualifications exceeding those involved
in the trade certificate involved in Sprinkler Fitting / Fire Protection are required.
(h) Space, height and dirt money means an allowance incorporated in the base hourly rate
to sprinkler fitters / fire protection workers engaged onsite to compensate for the
following class of work whether or not such work is performed in any week: -
i. Work requiring a swing scaffold, swing seat, or rope, or on any ladder exceeding
7.6m in height;
ii. Flushing, cleaning, commissioning and servicing of fire protection systems;
iii. Work in any confined space;
iv. Work in wet places; and/or
v. Dirty or offensive work.
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(i) Redundancy means a situation where an Employee ceases to be employed by the
Employer, other than for reasons of misconduct or refusal of duty. Redundant has a
corresponding meaning.
(j) Service work means the repair, overhaul and/or alteration of operative fire protection
systems involving the daily reinstatement of such systems to normal operating level.
(k) Service fitter means an Employee engaged in service work.
(l) Construction work means erection, repair, renovation, maintenance, ornamentation or
demolition of buildings or structures.
(m) Construction fitter means an Employee engaged in construction work.
(n) Union means the Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia (CEPU).
(o) Contracting firm is the Employer party to this Agreement.
(p) Subcontracting firm means a company engaged by the contracting firm to provide
labour, and possibly materials, plant and tools.
(q) Code means the Code for the Tendering & Performance of Building Work 2016 in force,
and as replaced from time to time.
(r) NFIA means the National Fire Industry Association of Australia
7. TYPES OF EMPLOYMENT
7.1 WEEKLY EMPLOYMENT
(a) Except as provided in 7.2, employment will be by the week. Any Employee not
specifically engaged as a casual Employee will be deemed to be employed by the week.
7.2 FULL TIME EMPLOYMENTA full-time employee is an employee who is engaged to work an
average of 38 ordinary hours per week.
7.3 PART TIME EMPLOYMENT
7.3.1 A part time Employee is one who:
- is employed for less than 38 ordinary hours per week; and
- has reasonable predictable hours of work;
- receives, on a pro rata basis, for all hours worked, equivalent pay and conditions to
those of a full-time employee.
7.3.2 At the time of engagement, the Employer and the Employee will agree in writing on
the pattern of work required, including specifying the number of ordinary hours per week, the
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days on which the work is to be performed, the hourly rate, and the usual daily starting and
finishing times.
7.3.3 Public Holidays
Where the part-time employee's normal paid hours fall on a public holiday and work is not
performed by the employee, such employee shall not lose pay for the day.
7.3.4 Accrual of Entitlements
All entitlements shall apply pro rata to part-time employees on the basis that ordinary weekly
hours for full-time employees are 38.
7.3.5 Ordinary Spread of Hours of Work
The spread of hours in which ordinary hours of work can be worked by part-time employees
remains consistent with the starting and finishing time of permanent full-time employees.
7.4 CASUAL EMPLOYMENT
(a) A casual Employee will be employed subject to each of the following terms:
i. A casual employee will be engaged for a minimum period of 3 consecutive hours on
each occasion. A casual employee is an employee engaged and paid as such and
who works less than an average of 38 ordinary hours or five days per week over any
two successive weeks.
ii. A casual Employee for working ordinary time will be paid 125% of the hourly rate
prescribed in Appendix A, and all relevant allowances prescribed in Appendix A and
Appendix B, 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 regular and systematic periods of employment under this
Agreement during a period of six (6) 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 (4) weeks of the Employee having attained such period of six (6)
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.
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vi. A casual Employee who has a right to elect under clause 7.4(a)iii, on receiving notice
under clause 7.4(a)v or after the expiry of the time for giving such notice, may give
four (4) weeks’ notice in writing to the Employer that they seek to elect to convert
their contract of employment to full-time, and within four (4) 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 will convert to full-
time or part time employment.
viii. Once a casual Employee has elected to become and has been converted to a full
time or part-time Employee, the Employee may only revert to casual
employment by written Agreement with the Employer.
ix. Where, in accordance with clause 7.4(a)vi an Employer refuses an election to
convert, the reasons for doing so must be fully stated to and discussed with the
Employee concerned and a genuine attempt made to reach Agreement.
x. For the purposes of this clause, an irregular casual Employee is one who has been
engaged to perform work on an occasional or non-systematic or irregular basis.
xi. An Employee must not be engaged and re-engaged to avoid any obligation under
this Agreement.
8. PAYMENT OF WAGES
8.1 EFT will be used for payment of wages to Employees covered by this Agreement.
8.2 All wages and/or additional entitlements due to an Employee shall be paid no later than
Thursday each week and no more than two days' pay may be kept in hand. Provided that
when the usual pay day is an observed holiday, such Employee shall receive the amount due
to them no later than normal ceasing time on the working day immediately preceding such
holiday.
8.3 Upon termination of the employment, wages due to an Employee shall be paid to them
within a reasonable time period. Where an Employer fails to pay all due wages within 7 days
of termination, an Employee is entitled to waiting time for each day kept waiting, up to the
equivalent of one week’s pay.
8.4 An Employee kept waiting for their wages on pay day for more than a quarter of an hour after
usual time for ceasing work, shall be paid at overtime rates after that quarter of an hour, with
a minimum of one hour. Provided where the Employer has made all reasonable endeavours to
ensure payroll delivery on time and the payment is delayed due to industrial dispute or hold-
up, or banking error on the part of the bank, or technical failure of internet connections
beyond the control of the Employer then provisions of this subclause shall not apply.
8.5 Payroll deductions may be made by the Employer at their discretion, subject to the Employee
providing the Employer with a letter of authority to implement such deductions.
8.6 Particulars of details of payment to each Employee will be included in a statement provided
to the Employee at the time such payment is made and will contain the following
information:
(a) Date of payment;
(b) Period covered by such payment;
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(c) The amount of wages paid for work at ordinary rates;
(d) The gross amount of wages and allowances paid;
(e) The amount of each deduction made and the nature thereof; and
(f) The net amount of wages and allowances paid.
8.7 In addition, the following details will also be included in the statement when such payments
and benefits apply:
(a) The number of hours paid at overtime rates and the amount paid therefore;
(b) The amount of allowances or special rates paid and the nature thereof;
(c) Annual holiday payments;
(d) Payment on termination, including payment for annual leave, rostered day off
accumulation, and public holidays;
(e) The Employer and Employees building superannuation number; and
(f) The amount of any other payments made to the Employee under this Agreement.
8.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be
made to the Employee in error by the Company.
8.9 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.
9. FARES AND TRAVELLING
9.1 The centre of employment shall be the capital city principle post office.
9.2 Each Employee who is not wholly employed within office of the Employer shall receive in
addition to the respective Hourly Rate specified in Appendix A the following extra amounts as
allowances for travelling, provided always:-
(a) That travelling time and/or fares shall be computed on the basis that such travelling be
done by public conveyance – economy class; and
(b) That where the Employer provides the conveyance or means of travelling (including a Tool
of Trade Vehicle), the payment of Fares as per Appendix A is not required.
9.3 For the time occupied outside the ordinary hours of work specified in Clause 25 in travelling by
an ordinary public conveyance or by nearest practical route from the appropriate centre to the
work and/or from the work to the centre – the respective Travelling Time.
9.4 Employees eligible to receive Fares except in provisions of Clause 9.2 (b) shall receive Fares as
per Appendix A, regardless of whether the Employee incurs that cost or not.
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9.5 Where the work or the facility for travelling does not necessitate going to or through the
centre, the Employee shall receive the respective Travelling Time, for the time, also the cost of
travelling from the Employee's residence to the work or from the work to the Employee's
residence in excess of that which would be required in travelling from the said Employee's
residence to the centre or from the centre to the said Employee's residence.
9.6 The minimum Fares paid to an eligible Employee in accordance with this clause shall be
the Fares allowance in Appendix A.
9.7 Travelling Time shall be the rate prescribed in Appendix A for the life of the Agreement and
will be paid at these agreed rates.
9.8 FARES
(a) From the Date of Registration, the Fares Rate set out in Appendix A shall be paid for the
life of the Agreement for all On-Site Employees including Apprentices and excluding
Employees with company vehicles.
(b) No Fares are applicable on Paid Leisure Days.
9.9 TRAVELLING TIME
(a) Travelling Time will be paid at the Travel Time Rate for 2 hours per day for a distance of
up to 30km from the GPO or Employee’s residence.
(b) All other Travelling Time and Living Away From Home Allowances shall be agreed
between the Company and Employees on a project basis.
(c) Travelling Time is not applicable on Paid Leisure Days.
(d) The Company is not required to place Employees at job sites closest to their place of
residence; however Employees will not be treated unfairly in this regard.
9.10 SUMMARY
(a) Summary of entitlement to fares and travel allowances:-
Travel Time Fares
Start or finish on the job using own vehicle Paid Paid
Start or finish on the job using public transport Paid Paid
Start or finish on the job provided with or offered transport Paid Not Paid
Start and finish at the workshop Not paid Not paid
Annual leave Not paid Not paid
Public holidays Not paid Not paid
Sick leave Not paid Not paid
Rostered Day Off Not Paid Not Paid
Paid Leisure Day Not paid Not Paid
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9.11 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 prescribed in Appendix B.
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10. ALLOWANCES AND EMPLOYEE EXPENSES
10.1 SITE ALLOWANCE
a) An Employee will be entitled to a site allowance in accordance with the following table
for each hour worked from approval of this Enterprise Agreement:
Project Value - $ Million Site Allowance
$0 - $6.41M $3.95
$64.1 M - $128.3M $4.50
$128.3M - $192.3M $4.60
$192.3M - $256.4M $4.70
$256.4M - $384.7M $4.80
Projects valued at more than $384.70 $4.80 + $0.10 per additional $100M
Project Value or part thereof.
b) Project value shall be the contract value of the work, which has been or will be
performed, by the Principal Contractor in respect to the site the Contractor is contracted to
undertake work on. This does not include portions of the project the Contractor is not
engaged to undertake.
c) Summary of entitlements to Site Allowance:
Site Allowance
Travel Time Not paid
Productive Work Paid
Overtime Paid
Annual leave Not paid
Public holidays Not paid
Sick leave Not paid
Rostered Day Off Not Paid
**Note – this requirement not to pay Site Allowance on RDO’s depends on Site Allowance being paid
for 8 hours normal time each work day. Alternatively, Site Allowances may be accrued in which case it
is paid for 7.2 hours normal time per work day and Site Allowance is then paid on every Rostered Day
Off.
10.2 FUMES
An Employee required to work in a place where fumes of sulphur, other acid or
offensive fumes are present must be paid such rates as are agreed. Any special rate so
fixed will apply from the date the Employer is advised of the claim and thereafter must
be paid as and when the fume condition occurs.
10.3 WELDING CERTIFICATE
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(a) An Employee who is requested by the Employer to hold qualifications required by the
various State government bodies, or other relevant authorities, for pressure oxy-
acetylene or electric welding, either manual or machine welding, must be paid the
additional amount as prescribed in Appendix B.
(b) This rate will be paid for every hour of their employment whether or not the Employee
has performed work relevant to those qualifications.
(c) The Employer may provide notice in advance if those qualifications are no longer
required. In the event the Employer provides four weeks’ notice the qualifications are
no longer required the allowance will not be payable from when the notice takes effect.
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10.4 FIRST AID
(a) An Employee who is qualified in first aid and is appointed by their Employer to carry
out first aid duties in addition to their usual duties must be paid an additional rate as
prescribed in Appendix B.
(b) This rate will be paid for every hour of their employment whether or not the
Employee has performed work relevant to those qualifications.
(c) The Employer may provide notice in advance if those qualifications are no longer
required. In the event the Employer provides four weeks’ notice the qualifications
are no longer required the allowance will not be payable from when the notice takes
effect.
10.5 LIVING AWAY FROM HOME ALLOWANCE (DISTANT WORK)
Due to business and operational requirements, it may be necessary for an employee to travel
substantial distances to complete their work. In such cases as specified throughout clause
12.5, a living away from home allowance for distant work may apply.
(a) QUALIFICATION
i. 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.
(b) EMPLOYEE’S ADDRESS
i. At the time of engagement, the Employee will provide details of their usual place of
residence, being the address of their place of residence at the time of application.
If throughout the Employee’s employment their place of residence changes, they
must provide updated details to the Employer as soon as practical.
ii. 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.
(c) ENTITLEMENT
i. Where an Employee qualifies under clause 12.5(a) the Employer will either:
A. Provide the Employee with reasonable board and lodging to a standard of no less
than 3 star accommodation and out of pocket allowance as prescribed in Clause
54 (Appendix B); or
B. Pay an accommodation allowance as prescribed in Appendix B plus an out of
pocket allowance as prescribed in Appendix B, but such allowances will not be
counted as wages. The foregoing accommodation allowance will be increased if
the Employee can satisfy the Employer that the Employee reasonably incurred a
greater outlay than that prescribed in the clause 12.5(c)iA.
(d) TRAVELLING EXPENSES
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i. An Employee who is sent by the Employer to a job which qualifies them to the
provision of this clause will not be entitled to any of the allowances prescribed by
clause 11, for the period occupied in travelling from the Employees usual place of
residence to the distant job, but in lieu thereof will be paid:-
A. FORWARD JOURNEY
1) For the time spent in so travelling at ordinary rates up to a maximum of eight
(8) hours per day for each day of travel (to be calculated as the time taken by
rail or the usual travelling facilities);
2) 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. However these are
not payable should the Employer pay these costs directly; and
3) For any meals incurred while travelling at the meal allowance rate prescribed
in Appendix B.
ii. 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
1) An Employee will, for the return journey, receive the same time, fares, and
meal payments as provided in clause 12.5(d)i (above) together with the
amount prescribed in clause 11, to cover the cost of transport from the main
public transport terminal to their usual place of residence.
2) 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 incompetence
within one working week of commencing on the job, or is dismissed for
misconduct.
C. DEPARTURE POINT
1) 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.
(e) DAILY TRAVEL ALLOWANCE
i. An Employee engaged on a job which qualifies them to the provisions of this clause
and who is required to reside elsewhere than on the site (or within 500m of the site;
or supplied with transport; or paid for use of their own transport) will be paid the
Fares Allowance prescribed by clause 11.
(f) WEEKEND RETURN HOME
i. 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
15
return for the weekend, will be paid an allowance of $28.00 for each occasion;
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.
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(g) REST AND RECREATION
i. An Employee who proceeds to a job which qualifies for the provisions of clause 12.5
may, after two months continuous service on that site and thereafter at three
monthly periods of continuous service on that site, 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.
(h) LIMITATION OF ENTITLEMENT
i. The entitlement under clause 12.5(g) 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).
(i) SERVICE REQUIREMENTS
i. For the purpose of this clause service will be deemed to be continuous despite an
Employee's absence from work as prescribed in clause 12.5(f) and clause 12.5(g).
(j) VARIABLE RETURN HOME
i. 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.
(k) NO PAYMENT FOR UNUSED FARES
i. If the Employer and Employee so agree in writing, the paid Rostered Day Off as
prescribed in clause 24, may be taken, and paid for, in conjunction with and
additional to rest and recreation leave as prescribed in 12.5(g), or at the end of the
project, or on termination whichever comes first.
(l) 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.
11. CHARGE HANDS
11.1 An Employee may from time to time be appointed by the Employer as a Charge Hand.
11.2 A charge hand shall perform the following duties:-
(a) Liaise with client on-site representatives;
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(b) Monitor safety;
(c) Report any safety breaches or accidents;
(d) Report Employee absences and attendance;
(e) Ensure working hours are satisfied;
(f) Monitor overtime requirements and performance;
(g) Report Employee non-conformance;
(h) Delegate work tasks;
(i) Monitor work quality and accuracy;
(j) Liaise with suppliers to facilitate deliveries, unloading and storage of equipment;
(k) Liaise with design staff and management; and
(l) Inform supervisor of breaches.
11.3 An Employee appointed as charge hand will be paid the additional rates prescribed in
Appendix B.
11.4 An Employee who is not required to perform the duties of charge hand outlined in clause 13.2
shall not be paid as a Charge Hand, irrespective of whether they have performed those duties
and been paid accordingly on a prior occasion.
12. SPECIAL WORKING CONDITIONS
12.1 SHIP WORK
(a) An Employee engaged on work in connection with ships must be paid an additional rate
as prescribed in Appendix B whilst working on board the ship.
12.2 HOT WORK
(a) An Employee who works for longer than two hours in a place where the temperature
has been raised by artificial means to between 46° and 54° Celsius will be entitled to 20
minutes rest after every two hours work without loss of pay.
12.3 COLD WORK
(a) An Employee who works for longer than two hours in a place where the temperature is
lowered by artificial means to less than 0° Celsius will be entitled to 20 minutes rest
after every two hours work without loss of pay.
12.4 TOWERS
(a) An Employee working on a chimney stack, spire, tower, radio or television mast or
tower, air shaft (other than above ground in a multistorey building), cooling tower,
water tower or silo, where the construction exceeds 15 metres in height, must be paid
for all work above 15 metres an additional hourly rate as prescribed in Appendix B, with
an additional rate as prescribed in Appendix B for work above each further 15 metres.
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13. TIME RECORDS
13.1 The Employer will keep a record from which can be readily ascertained the following:-
(a) The name of each Employee and his/her classification;
(b) The hours worked each day.
(c) The gross amount of wages and allowances paid;
(d) The amount of each deduction made and the nature thereof;
(e) The net amount of wages and allowances paid on the nominated day in accordance
with clause 25;
(f) The Employers’ Workers Compensation Policy or other satisfactory proof of insurance
such as a renewal certificate;
(g) Any relevant records which detail taxation deductions and remittances to the Australian
Taxation Office, including those payments made as P.A.Y.E. Tax, whether under a Group
Employer’s Scheme or not;
(h) A certificate or other documentation from the State Long Service Leave Board or
Authority which will confirm the Employers registration, the date of the last payment,
and the period for which that payment applies (where such documentation is available
under State Legislation); and
(i) The Employer’s and the Employee’s appropriate industry Superannuation Scheme
number and the contribution returns by the Employer to the Scheme on behalf of the
Employee, where such benefits apply.
13.2 All records and documentation referred to in clause 15.1, or copies thereof pertaining to an
individual employee, will be available for inspection by the Employee during the usual
office hours, at the Employer’s office, or other convenient place.
14. EMPLOYER AND EMPLOYEE DUTIES
14.1 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 wages classification structure
of this Agreement. Any direction issued by an Employer will be consistent with the
Employer’s and Employee’s responsibilities to provide a safe and healthy working
environment.
15. LICENCE AND REGISTRATION
All wet charged fire protection is to be carried out by registered sprinkler fitters and the
Employer is required to have a contractor’s licence with the Office of Fair Trading in NSW.
16. MIXED FUNCTIONS
An Employee appointed for more than half of one day or shift on duties carrying a higher rate
than their ordinary classification will be paid the higher rate for such day or shift. If the
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employee is appointed to higher duties for less than half of one day or shift they will be paid
the higher rate for the time so worked.
17. SUPERANNUATION
17.1 The Company will pay weekly superannuation contributions on a monthly basis, into a
complying fund of the employee’s choice, for those employees engaged under this Agreement.
Should an employee fail to nominate a fund of choice the C+BUS industry superannuation fund
will be used as the default fund under this agreement. The Employer will provide Sprinkler
Fitters with the option to salary sacrifice.
17.2 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 above contribution rates do not
limit an enterprise’s liability under the Superannuation Guarantee Charge (SGC).
17.3 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, travel time,
Multi-Storey, Leading Hands, Productivity allowances, and all allowances specifically covered
by the Superannuation Guarantee Charge (SGC)
17.4 Superannuation will not be paid on the Fares Allowance
17.5 ABSENSE FROM WORK
(a) Subject to the choice of Fund of which an Employee is a member, the following
provisions will apply.
(b) PAID LEAVE
i. Contributions will continue whilst a member of a Fund is absent on paid annual
leave, sick leave, long service leave, public holidays, jury service, bereavement leave,
or other paid leave.
(c) UNPAID LEAVE
i. Contributions will not be required in respect of any period of absence from work
without pay of one day or more.
(d) WORK RELATED INJURY OR ILLNESS
i. In the event of an eligible Employee’s absence from work being due to work related
injury or work related illness, contributions at the normal rate will continue for the
period of the absence provided that:-
A. The member of the fund is receiving workers compensation payments or is
receiving regular payments directly from the Employer in accordance with
statutory requirements or the provisions of this Agreement; and
B. The person remains an Employee of the Employer.
17.6 EMPLOYEE CONTRIBUTIONS
(a) Subject to the rules of the employee’s fund of choice, Employees who wish to make
20
contributions to the Fund additional to those being paid pursuant to clauses 17.1, 17.2
and 17.3 will be entitled to do so. Such Employees may either forward their own
contribution directly to the Fund administrators or, where it is practicable to do so,
authorise the Employer to pay into the Fund from the Employee’s wages, amounts
specified by the Employee.
(b) Employee contributions to the Fund deducted by the Employer at the Employee’s
request will be held in Trust on the Employee’s behalf and be subject to the following
conditions:
i. The amount of contributions will be expressed in whole dollars; and
ii. Employees will have the right to adjust the level of contribution made on their own
behalf from the first of the month following the giving of three months’ written
notice to the Employer. Provided that by Agreement with the Employer,
Employees may vary their additional contribution in extenuating circumstances at
other times.
17.7 Contributions deducted under clause 19.6 will be forwarded to the Fund at the same time as
contributions under clause 19.3.
18. LONG SERVICE LEAVE
An Employee will be entitled to Long Service Leave in accordance with applicable State legislation.
Where an Employee is eligible, the Employer will register an Employee with the Building and
Construction Industry Long Service Payments Corporation within 7 days of commencement
of their employment.
19. REDUNDANCY/SEVERANCE
19.1 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
redundance 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 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
21
redundancy benefits in accordance with the terms of the Incolink Responsible Fund’s trust
deed.
(e) Where the employer is already a member of an ATO Approved Fund which Incolink is
trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the
employer within the scope of this Agreement in the Appropriate Incolink Fund 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 entited 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.
(i) The amount of the contribution by the Employer per Employee working in building and
construction will be as per the table below:
On approval of Enterprise Agreement $135.00
From 1st March 2022 (or approval of this
agreement
$135.00
From 1st March 2023 $140.00
The amount of the contribution by the Employer per Employee working in service and/or
other areas who receive all RDO’s in accordance with Clause 22 will also be as per the
above table per week.
(j) The amount of the contribution by the Employer per week per Employee working in
service and/or other areas who work a 38 hour week and therefore across 13 RDO’s per
year in lieu of 26 RDO’s will be:
On approval of Enterprise Agreement $233.00
From 1st March 2022 $233.00
From 1st March 2023 $241.50
**Note – that this additional payment is to compensate the Employee for forgoing 13 of the 26
RDO’s due under clause 22.
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(k) For the purpose of meeting its obligations under this clause the Employer will make the
contributions set out in Clause 19 above on a monthly basis in respect of each Employee
covered by this Agreement to the scheme.
(l) Contributions paid by the Employer under this clause will be paid in accordance with the
requirements of the Scheme’s trust deed.
(m) Upon termination the Employee will , depending on the Scheme’s trust deed, be paid
directly by the Scheme.
19.7 The amount of the contribution by the Employer per week for each Apprentice employed by
the Employer after lodgement of this Agreement will be as follows:-
Classification 1 March
2021
1 March
2022
1st March
2023
1st & 2nd Year
Apprentices
$1.50 $1.50 $1.50
3rd & 4th Year
Apprentices
$17.16 $17.70 $18.40
19.8 DEFINITION
(a) Redundancy means a situation where an Employee ceases to be employed by the Employer,
other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning.
19.9 REDUNDANCY PAY
(a) A redundant Employee will receive redundancy/severance payments, calculated as
follows, in respect of all continuous service (as defined by this Agreement) with their
Employer provided that any service prior to 25 September 1990 will not be counted as
service unless the Employee is made redundant by the Employer:
(b)
Period of Continuous Service with an
Employer
Redundancy/Severance Pay
Less than 1 year Nil
1 year or more but less than 2 years
2.4 weeks’ pay plus, for all service in
excess of 1 year1.75 hours pay per
completed week of service up to a
Maximum of 4.8 weeks’ pay.
2 years or more but less than 3 years
4.8 weeks’ pay plus, for all service in
excess of 2 years, 1.6 hours pay per
completed week of service up to a
Maximum of 7 weeks’ pay.
3 years or more but less than 4 years
7 weeks’ pay plus, for all service in
excess of 3 years, 0.73 hours pay per
completed week of service up to a
Maximum of 8 weeks’ pay.
4 years or more 8 weeks’ pay
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(c) Weeks’ pay means the ordinary time rate of pay at the time of termination for the
Employee concerned.
(d) The Employer’s liability for redundancy/severance pay as per clause 21.9 will be set
off against the liability of the Employer under clause 21.2, and the Employee will
receive the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement
(as per clause 21.9), whichever is the greater, but not both.
(e) 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.
19.10 CASUALS AND APPRENTICES
(a) Any period of service as a casual will not entitle an Employee to accrue service
in accordance with this clause for that period.
(b) 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 twelve months.
19.11 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 clause 21.9 as if the Employee remains with the Employer until the
expiry of such notice. In such circumstances the Employee will not be entitled to payment
in lieu of notice.
20. RETRENCHMENT SELECTION CRITERIA
20.1 To meet the needs of restructuring principles, the criteria for selection must include all of the
following:-
(a) The special needs of the type of work the Employer may tender;
(b) Ability, special skills and experience;
(c) Self-motivation, productivity and ability to work without supervision;
(d) Attendance and punctuality;
(e) Adherence to safetyprocedures;
(f) Seniority;
(g) Reliability; and
(h) Performance and discipline records kept for each Employee.
21. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE
24
21.1 The Company recognises the importance of providing income security for
Employees and their families.
21.2 Accordingly, the Employer will take out and continue to hold a Top-Up and 24 Hour Sickness &
Accident Income Protection Plan policy for each Employee with Marsh Pty Ltd.
21.3 The policy taken out in accordance with clause 23.2 must not have a waiting period of more
than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered.
21.4 The agreed premium / rate per Employee will be a maximum of $15.00 per week.
22. ROSTERED DAY OFF
22.1 ROSTERED DAY OFF (RDO)
22.1 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 two-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;
22.2 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 D) 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 22.6, 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 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.
22.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave
25
a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this
Agreement) is in Appendix D and reflects the agreed scheduling of Designated Long Weekends,
Flexible Rostered Days Off, Scheduled Rostered Days Off and Christmas/Easter Annual Leave
shutdown for 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.
22.4 Work on Scheduled RDOs and Designated Long Weekends for projects other than Identified
Projects
a) The Company and its Employees may agree, where there is a need for genuine operational reasons,
work may be carried out on Scheduled RDO/Designated Long Weekends if the Company first consults
with and agrees about the need to carry out work with the majority of the Employees. As far as
practical given operational requirements, the Company will give employees at least 7 days’ written
notice of any such need for work to occur so as to ensure appropriate consultation. Such
requirements must be based on genuine circumstances. If 7 days notice is not provided by the
Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time
and a half and shall bank an additional RDO over and above the time accrued.
b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement
to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week of the scheduled RDO;
(ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii)
the Employee’s family responsibilities; and (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 shall be paid for at ordinary time rates of pay, including 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 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 rescheduled 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.
22.5 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)
26
22.5.1 Hours of Work
The provisions of Clause 22.1 of the Agreement apply.
22.5.2 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:
(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
The provisions of Clauses 22.3, 22.4 and 22.5 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).
22.6 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:
27
b) Before the Company commences consultation regarding the requirement for Weekend Work, the
Company must have approval from the Company Director 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.
22.7 Banking of RDOs
a) Where the Employer and Employee agree up to six days RDOs in a twelve month period may
be accrued for the purpose of creating a bank to be drawn upon by the Employee at times
mutually agreed. Details of such banked RDOs shall be entered on to each Employee’s
employment records. These RDOs may be taken as a group of consecutive days or any other
combination subject to reasonably notice by an Employee, prior approval to banking RDO’s
must be sought in writing.
f
22.3 COMMENCING EMPLOYMENT
(a) When commencing employment, Employees may not have enough RDO/ accruals to
obtain full payment therefore only partial payment may be made from accruals they
have accumulated since commencing employment.
22.4 TERMINATION OF EMPLOYMENT
(a) Upon termination, the Employer will pay Employees all unused RDO accruals and PLD
accruals.
23. HOURS OF WORK
23.1 Except as provided elsewhere in this Agreement, the average ordinary working hours will be
worked in a ten (10), two-week cycle, Monday to Friday inclusive, with nine (9) working days
of eight (8) hours each between the hours of 6.00 a.m. and 6.00 p.m., in accordance with the
following provisions:-
(a) Employees shall receive 7.2 hours (7 hours 12 minutes) for each 19 days they work or
take paid leave as an entitlement to take one Rostered Day Off (RDO) in each cycle paid
as though worked, in accordance with arrangements contained in clause 24.1.
28
(b) Sydney based Employees (not involved in Service and/or Testing) shall receive 7.2 hours
(7 hours 12 minutes) for each 19 days they work or take paid leave as an entitlement to
take one Paid Leisure Day (PLD) in accordance with the arrangements contained in
clause 24.2.
23.2 An Employee is not entitled to accrue the time provided for in clause 24 whilst on an RDO or
PLD.
23.3 For each day of paid leave Employees will, for all forms of leave be paid 7.2 hours (7 hours 12
minutes) at the Hourly Rate prescribed in Appendix A.
23.4 Start and Finish Times
(a) The normal working day shall commence at 7:00am. The Employer may request that the
working day begin at 6:00am or at any other time between that hour and 9:00am, and the
working time will then begin to run from the time so fixed, with a consequential
adjustment to the meal break and finish time.
(b) Due to operational requirements, the Employer may vary start and finish times within the
ordinary working hours, in line with the contractual agreements of their clients. Where
possible, consideration will be made by the Employer with respect to an Employee’s
individual circumstances and the change in start time required.
(c) Employees will be entitled to take five (5) 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.
(d) The Employee is entitled to take daily Work Breaks as defined in clause 26.
(e) The Employee shall finish work on a normal working day at 3:30pm if the Work Breaks
prescribed in clause 26 are taken.
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24. WORK BREAKS
24.1 DAILY REST BREAKS
(a) There will be allowed, without deduction of pay, a rest period of 10 minutes between
9.00 am. and 11:00 am. By Agreement this Daily Rest Break may not be taken and
a reasonable adjustment will be made to the finishing time.
24.2 MEAL BREAKS
(a) 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 as an
unpaid break at a time that meets the needs of each particular project.
f24.3 VARIATION OF MEAL BREAKS
(a) 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.
24.4 OVERTIME REST BREAKS
(a) When an Employee is required to work ten (10) or more hours in any shift, the
Employee will be allowed to take without deduction of pay, a rest break of 20 minutes
in duration and thereafter, after each four (4) hours of continuous work, the Employee
will be allowed to take, without deduction of pay, a rest break of 30 minutes in
duration. In the event of an Employee remaining at work without taking the rest break
of 20 minutes the Employee will be regarded as having worked 20 minutes more than
the time worked and be paid accordingly.
24.5 SMOKING
(a) Smoking is not permitted in any building, site office, mess room/shed, change
room/shed, sanitary facility or any other amenities where signage is displayed
indicating smoking is not permitted.
(b) Smoking is not permitted within the confines or premises of
customers.
(c) Smoking is not permitted in Company vehicles.
25. OVERTIME
25.1 OVERTIME GENERALLY
a) All time worked beyond the ordinary hours of work as prescribed in clause 25, inclusive of
time worked for accrual purposes as prescribed in Clause 24, will be paid for at the rate of
time plus on half the hourly rate (i.e 150% the normal time rate) prescribed in Appendix A
for the first two hours then at double the Hourly Rate (i.e. 200% the normal time rate)
prescribed in Appendix A.
25.2 CALL-BACK
(a) An Employee recalled to work overtime after leaving the Employer's business
premises/work sites (whether notified before or after leaving the premises) will be
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paid for a minimum of four (4) hours’ work at the appropriate rates for each time the
Employee is so recalled.
(b) Except in the case of unforeseen circumstances arising the Employee will not be
required to work the full four (4) hours referenced in Clause 27.2(a) if the job or jobs
the Employee was recalled to perform is completed within a shorter period.
(c) When an Employee is recalled to work after leaving the Employer's business
premises prior to the expiration of a ten (10) hour break after ordinary ceasing time
and the actual time worked on the call out does not exceed three (3) hours, the
provisions of clause
27.2(a) will not apply.
(d) Clause 27.2(a) 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.
25.3 WORKING DURING MEAL BREAK
(a) If the Employer requires an Employee to work through their normal meal break the
Employee will be paid at double the Hourly Rate prescribed in Appendix A (i.e. 200%
the normal time rate) from the time the meal break would be taken until the Employee
is allowed to take such a break.
25.4 TRANSPORT AFTER OVERTIME OR HOLIDAY WORK
(a) 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.
25.5 BREAKS BETWEEN WORKING DAYS
(a) An Employee that 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 10 consecutive hours off duty between those
times, or on a Saturday, Sunday or Holiday without having had 10 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 10 consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
(b) If, on the instructions of the Employer, such an Employee resumes or continues work
without having had such 10 consecutive hours off duty the Employee will be paid at
double time 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 10
consecutive hours off duty without loss of pay for ordinary working time occurring
during such absence.
(c) 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 12 hours.
26. WEEKEND WORK
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26.1 Time worked on Saturday’s and Sunday’s will be paid for at the rate of double the Hourly
Rate prescribed in Appendix A (i.e. 200% the normal time rate).
26.2 An Employee required to work on a Saturday or Sunday will be afforded at least four (4)
hours’ work at the appropriate rate.
26.3 An Employee working overtime on a Saturday or a Sunday will be allowed a paid rest period
of ten (10) 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 (4) 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 (4) 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
27.1 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.
27.2 No Employee who is employed during the ordinary hours will be employed on night
shift except on overtime rates or vice-versa.
27.3 Reasonable time will be allowed for a meal or meals during such shift.
27.4 In such cases where night shifts are worked and employment continues for more than one
(1) week, Employees will work five (5) shifts per week of eight (8) hours. Subject to clause
27.5 below, Employees on shift work will accrue 0.8 of one hour for each eight (8) hour shift
worked to allow one complete shift to be taken off as a paid shift for a 10 day shift cycle..
This 10th shift will be paid for at the appropriate shift rate as prescribed by this clause and
the appropriate allowance under clause 11.
27.5 Paid leave taken during any cycle of four (4) weeks and public holidays as prescribed by clause
30, will be regarded as shifts worked for accrual purposes.
27.6 Any unused accrued entitlement under this clause will be paid on termination of employment.
27.7 The Employer and Employee will agree in writing upon arrangements for rostered paid days
off during the ten (10) 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 (5) 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 ten (10) 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 27.9.
27.9 An Employee employed for less than five (5) continuous shifts in any working week will be
paid in accordance with clause 27 and clause 28. 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
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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.
27.11 The rate of pay for night shift will be 150% of the respective wage rate.
27.12 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 25 and
clause 33 apply to Employees working shift work provided that the starting time for
ordinary night shift hours will not be before 3.00pm.
28. HOLIDAYS AND SUNDAY WORK
28.1 An Employee on Weekly Employment will be entitled without loss of pay to public holidays
as follows:-
New Year’s Day Anzac Day
Australia Day Queen’s Birthday
Canberra Day (ACT only) Labour Day
Good Friday Family & Community Day (ACT only)
Easter Sunday Christmas
Day
Easter Monday Boxing Day
or such other day as is generally observed in a locality as a substitute for these days.
28.2 Provided that a Sprinkler Fitter / Fire Protection Worker will be entitled to such other
holiday as may be applicable to and on the same terms and conditions as the majority of
building workers in that State or Territory or in accordance with Governmental
proclamation.
28.3 By Agreement between the Employer and their Employees, other days may be substituted
for any of the listed public holidays in clause 30.1 should it be necessary to meet the
operational requirements of the Employer.
28.4 When employed on a Sunday, the Employee will receive double the respective rate provided
always that each Employee will receive payment at double the respective wage rate for not
less than one-half day’s employment for any time so worked between 7.00 a.m. and 5.00
p.m.
28.5 When work is performed on any of the public holidays specified in clause 30.1, an Employee
will be paid at the rate of double time and a half for work done. Such rate is to continue until
they are released from duty.
28.6 An Employee who works on a Sunday or a public holiday and (except for meal breaks)
immediately thereafter continues such work will on being relieved from duty be entitled to
be absent until they have had 10 consecutive hours off duty without deduction of pay for
ordinary time off duty occurring during such absence.
28.7 An Employer who terminates the employment of an Employee except for reasons of
misconduct or incompetency (proof of which will lie upon the Employer) will pay the
Employee a day’s ordinary wages for each public holiday or each public holiday in a group
as prescribed in clause 30.1 which falls within 10 consecutive calendar days after the day
of termination.
28.8 Where any two (2) or more of the holidays prescribed in this Agreement occur within a
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seven (7) day span, such holidays will, for the purposes of this Agreement, be a group of
holidays. If the first day of the group of public holidays falls within 10 consecutive calendar
days after termination, the whole group will be deemed to fall within the 10 days. Christmas
Day, Boxing Day and
New Year’s Day will be regarded as a group.
29. FAMILY PICNIC DAY
All NSW 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 entitled to a substitute day without loss of pay to be taken at an agreed
time between the Employee and Employer.
30. PERSONAL /CARER’S LEAVE AND COMPASSIONATE LEAVE
Entitlement to personal leave under this Agreement shall be in accordance with the National
Employment Standards.
31. ANNUAL LEAVE
31.1 The provision of annual leave under the Agreement shall be in accordance with the National
Employment Standards.
31.2 In addition, the Employee will receive a loading of 17.5% on any annual leave paid,
calculated on the rates prescribed by Appendix 1.
31.3 The loading prescribed in clause 33.2 will be paid out on any unused annual leave
on termination of employment by either party.
32. PARENTAL LEAVE
The provision of parental leave under the Agreement shall be in accordance with the National
Employment Standards.
33. TERMINATION OF EMPLOYMENT
33.1 NOTICE OF TERMINATION
(a) In the event of termination of employment, the Employer must give to the
Employee the following notice:
Employee’s period of continuous service with the Employer Period of notice
Not more than 1 year At least 1 Week
More than 1 year but not more than 3 years At least 2 Weeks
More than 3 years but not more than 5 years At least 3 Weeks
More than 5 years At least 4 Weeks
(b) In addition to the notice in clause 33.1(a), Employees over 45 years of age at the time of
the giving of the notice with at least two (2) years’ continuous service are
entitled to an additional week’s notice.
(c) Payment in lieu of the notice prescribed in clauses 33.1(a) and clause 33.1(b) must be
made if the appropriate notice period is not given. Provided that employment may
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be terminated by part of the period of notice specified and part payment in lieu
thereof.
(d) In calculating any payment in lieu of notice the wages, an Employee would have
received in respect of the ordinary time they would have worked during the period of
notice, had their employment not be terminated, must be used.
(e) The period of notice in this clause does not apply in the case of dismissal for
conduct that justifies instant dismissal or in the case of casual Employees.
33.2 NOTICE OF TERMINATION BY THE EMPLOYEE
(a) The notice of termination required to be given by an employee will be two (2)
weeks or payment in lieu of notice if the notice is not given, if their service
surpasses 12 months. If an employee has less than 12 months service, the notice
required will be one (1) week. Provided that employment may be terminated by
part of the period of notice specified and part payment in lieu of the balance.
(b) If an Employee fails to give notice, the Employer will have the right to withhold monies
due to the Employee with a maximum amount equal to the ordinary time rate of pay for
the period of notice.
33.3 STATEMENT OF EMPLOYMENT
(a) The Employer will, upon receipt of a request from an Employee whose employment
has been terminated, provide to the Employee a written statement specifying the
period of their employment and the classification of or the type of work performed by
the Employee.
33.4 STANDING DOWN OF EMPLOYEES
(a) Notwithstanding anything elsewhere contained in this clause the Employer will have
the right to deduct payment for any day the Employee cannot be usefully employed
because of any strike or any stoppage of work by any cause.
34. APPRENTICES
34.1 Apprentices will be paid all wages, conditions and allowances under this Agreement for
time spent attending college/school in the course of their apprenticeship.
34.2 Time spent attending college/school will count as time served for all purposes.
34.3 Apprentices who fail college/school will not receive productivity allowance payments until
they have passed the previous year’s training.
34.4 All Sprinkler Pipe Fitter apprentices employed by the Employer will be registered with the
appropriate NSW training authority.
34.5 The Sprinkler Fitting / Fire Protection course to be undertaken by the Apprentice will be
mutually agreed between the Apprentice and the Employer.
34.6 For the purpose of this clause training Agreement will be taken to include contract of training
and indenture.
34.7 APPRENTICE TRAINING
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(a) The apprentice will work towards achieving the qualification of a trade certificate in
Sprinkler Fitting / Fire Protection or any subsequent equivalent certificate III in Services
(Fire Protection). The apprentices will do their course by block release.
(b) Where an apprentice cannot reasonably be expected to travel to and from their
residence each day during the period of Block Release Training, return travel between
their usual place of residence and the city where the course is conducted will be
arranged by the Employer at no cost to the apprentice. The Employer will also arrange
suitable accommodation to be available at no cost to the apprentice.
(c) Fees due by an apprentice for attending the Sprinkler Fitting 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.
34.8 CONTRACT OF APPRENTICESHIP / TRAINING AGREEMENT / INDENTURE
(a) The apprentices will be contracted to the Employer to learn the craft or trade of
Sprinkler Fitting / Fire Protection on a full time basis for a term of four (4) years
comprising of off-the-job and on-the-job training to complete the Sprinkler Fitting / Fire
Protection apprenticeship.
(b) Every training Agreement for an apprenticeship hereinafter made will contain as a
minimum the following information:-
i. The names of the parties;
ii. The date of birth of the apprentice;
iii. A statement that Sprinkler Fitting / Fire Protection is the trade, vocation or
occupation to which the apprentice is to be contracted;
iv. Agreement by the Employer to teach and instruct and/or cause the apprentice to be
taught or instructed in the trade, vocation or occupation to which the apprentice is
contracted;
v. The date at which the apprenticeship is to commence or from which it is to be
calculated with the nominal time period expected to complete the training being
four (4) years; and
vi. A provision that specifies that the Sprinkler Fitting / Fire Protection 1st Class
Apprenticeship course taught at Randwick TAFE College or any agreed subsequent
course or National Training Package that supersedes these courses and which leads
to a AQF certificate III qualification in Services (Fire Protection) is the course that is to
be taught for the purpose of the apprenticeship. These provisions are to be
contained in the Training Program or outline of the training that may be attached to
or form part of the training Agreement.
(c) The Training Program or outline of training will be consistent with any future National
Training Package for Fire Protection and its various components including the Learning
Strategy.
34.9 CANCELLATION, SUSPENSION OR TRANSFER OF APPRENTICESHIP
(a) Subject to the approval of an appropriate statutory training authority, but not
otherwise, a training Agreement may be suspended or cancelled:
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i. By the mutual consent of the parties;
ii. if through lack of orders or financial difficulties an Employer is unable to find suitable
employment for an apprentice and a transfer to another Employer cannot be
arranged;
iii. If in the opinion of the appropriate statutory training authority circumstances exist
which render such suspension or cancellation necessary or desirable; or
iv. An apprentice may, with the consent of the parties to the training Agreement and
with the approval of the appropriate statutory training authority, transfer their
training Agreement to another Employer. Provided always that irrespective of the
number of different Employers taking the apprentice for a term, the two or more
terms will be regarded as one continuous term and the later or latest Employer will
accept the apprentice at the position the apprentice occupied under their training
Agreement at the date they were with their immediate former Employer.
34.10 Any training Agreement inconsistent with the provisions of clause 34 will be null and void and
of no force or effect while this Agreement remains in force and applies to the parties to the
training Agreement. Clause 34.10 will not apply where there is a State training authority or
equivalent statutory body having power to cancel, suspend or transfer training Agreements in
the occupation specified herein provided that the conditions for the cancellation, suspension
or transfer of such Agreements are of no lesser standard than the provisions of clause 34.9.
34.11 PERIOD OF APPRENTICESHIP
Except as provided in clause 34.17, all apprentices under this Agreement will be
apprentices for a period of four (4) years.
34.12 PROBATIONARY PERIOD
A minor may serve a probationary period of three (3) months and if apprenticed such three
(3) months will count as part of their period of apprenticeship. This sub-clause will not
apply where there is a statutory apprenticeship authority having power to determine
probationary period.
34.13 WAGES APPRENTICES
The Hourly Rates for apprentices are shown in Appendix A.
34.14 HOURS
The ordinary hours of employment of apprentices will not exceed those of a Sprinkler
Fitter / Fire Protection Worker.
34.15 Overtime and shift work
No apprentice under the age of eighteen (18) years will be required to work overtime or
shift work unless they so desire. No apprentice will, except in an emergency, work or be
required to work overtime or shift work at times which would prevent their attendance
at technical school as required by any statute, award or regulation
applicable to them.
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34.16 PAYMENT OF RESULTS
An apprentice will not work under any system of payment by results.
34.17 LOST TIME
(a) The apprentice will for every day of absence from their work during any year of the said
term without the consent of the Employer serve one day at the end of the calendar
period of any such year of their apprenticeship if required to do so by the Employer, or
if the Employer’s decision is disputed, as determined under clause 45 – Disputes
Resolution Procedure. The calendar period of the next succeeding year of their
apprenticeship will be deemed not to begin until the said additional day or days have
been served: provided that in calculating the extra time to be served the apprentice will
be credited with time which they have worked during the relevant years in excess of
their ordinary hours of service.
(b) Clause 34.17 will not apply where there is a State training authority or equivalent
statutory body having power to determine the lost time of an apprentice in the
occupation specified herein or affect the right of such an authority to determine
such lost time.
34.18 PROHIBITION OF PREMIUMS
An Employer will not, either directly or indirectly, or by any pretence or device receive
from any person or require or permit any person to pay or give any consideration in the
nature of a premium or bonus for the taking or binding of any probationer or
apprentice.
34.19 ATTENDANCE AT TECHNICAL SCHOOLS
(a) The apprentice will be released by the Employer to attend technical college during
ordinary hours of work for the purpose of undertaking the off the job component of the
apprenticeship training without loss of pay.
(b) Clause 34.19 will not apply where there is a statute Federal or State providing for the
non-payment of technical college fees by apprentices.
34.20 OPERATION OF OTHER LAWS
(a) Where there is a statute relating to apprentices is now or hereafter in force or in which
any authority with statutory power has issued or may issue any regulations relating to
apprentices, such statute and such regulation will operate, provided that the
provisions are not inconsistent with this Agreement.
(b) The provisions of any statute, award or regulation which gives a state training authority
or equivalent statutory body power to cancel, suspend or transfer training Agreements
in the occupation specified herein or power to determine disputes between parties to
training Agreements including disputes relating to:-
i. Disciplinary matters in respect to apprentices and Employers;
ii. Completion of the training Agreement;
iii. Off-the-job attendance; or
iv. Other matters concerning the administration of training Agreement will not be
deemed to be inconsistent with this Agreement provided that such statute, award or
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regulation provides for the state training authority or equivalent statutory body to
exercise powers in respect to making determinations or decisions on the above
matters and provides for appeal mechanisms in respect to such determinations and
decisions.
34.21 ADULT APPRENTICES
(a) DEFINITION
For the purpose of this Agreement, an adult apprentice means a person of 21 years
of age or over at the time of entering into an indenture to a trade within the scope
of this Agreement.
(b) APPLICATION OF GENERAL CONDITIONS OF APPRENTICESHIP
The provisions of this Agreement will apply to adult apprentices unless specifically
provided otherwise by clause 34.21.
(c) TRAINING CREDITS
Subject to the provisions of this clause, the training to be completed by an adult
apprentice under a contract of indenture will be determined by the relevant State
Training Authority through its approved agencies based upon training credits being
granted for the relevant working experience and educational standard obtained by
the apprentice
(d) HOURLY RATE
i. 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.
ii. For the purpose only of fixing a rate of pay, the adult apprentice will continue to
receive the rate of pay that is, from time to time, applicable to the classification or
class of work specified in Appendix A, and all relevant allowances of this Agreement
and in which the adult apprentice was engaged immediately prior to entering into
the contract of indenture.
35. STRUCTURED VOCATIONAL TRAINING
35.1 The parties to this Agreement recognise that the apprenticeship system of structured
vocational training that operates within the fire protection Industry has been integral to the
efficiency and productivity of that industry
35.2 The parties are committed to maintaining the integrity of and improving upon the existing
system of structured vocational training. In this regard the parties are committed to:-
(a) Working co-operatively in facilitating the transition from the existing apprenticeship
arrangements to the Australian Vocational Training system, which leads directly to an
outcome of AQF Level 3 (AVTS level 3); and
(b) Ensuring that the trade skills required for the fire protection industry will continue to be
delivered through system of structured vocational training system based on sequential
training through an apprenticeship (or equivalent contracts of training) to an outcome
of at least Fire Protection Tradesperson Level 1 (100%) within the classification
structure.
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35.3 To facilitate ongoing structured vocational training the Employer will pay an organisation
approved by the National Fire Industry Association of Australia and CEPU:
a) From approval of this agreement - $30 per week per employee covered by this
Agreement.
b) From 1 March 2023 - $30 per week per employee covered by this Agreement.
36. TOOLS
36.1 Where the Employer requires an Employee to provide tools, the Employer will reimburse the
Employee the cost of providing the tools. The provisions of this clause do not apply where the
tools are provided by the Employer.
36.2 The Employee will be responsible for such tools as fthey have been provided with by the
Employer.
Any shortages except those occasioned by fair wear and tear, reasonable breakage or theft
outside of working hours, will be made good by the Employee.
37. PROTECTIVE CLOTHING
37.1 New Employees will receive the following Protective Clothing:
(a) Two long sleeve or short sleeve shirts;
(b) Two pairs of trousers or overalls; (c)
One pair of boots; and
(d) One jacket.
37.2 Protective Clothing and Personal Protective Equipment will be replaced on a fair wear and
tear basis upon the return of the worn or damaged items and shall be given to workers on
a summer and winter issue basis as determined by the Company Consultative Committee
outlined in clause 40.
38. CONSULTATIVE MECHANISMS
38.1 A Company Consultative Committee (CCC) will implement this Agreement where more than
15 Employees are covered by this Agreement.
38.2 The CCC will:
(a) Consist of equal numbers of internal management and Employee representatives who
are elected from the workforce;
(b) Meet as required but not less than every three (3) months; and
(c) Form a constitution and deliberate on matters affecting the staffing requirements and
workplace policies of the company. Disputes regarding the functioning of the CCC and
its decisions will be resolved via the dispute resolution provision of this Agreement.
38.3 Meetings of the CCC may be convened at the request of either the management or the
Employee representatives
38.4 Where no CCC is established, appropriate consultative mechanisms will be established by
Agreement between the Employer and Employees representatives.
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39. OCCUPATIONAL HEALTH AND SAFETY
39.1 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 (NSW) and any relevant occupational health and safety legislation in NSW or the ACT and
any site WHS Agreement or any new legislation that may replace this legislation during the life
of the Agreement.
39.2 DRUGS AND ALCOHOL
(a) The parties to this Agreement acknowledge that drugs and alcohol affect the
functioning of the body and mind and can increase the chances of an accident in
the workplace.
(b) Employees who are affected by drugs and alcohol in the workplace can cause injury to
themselves and others and damage their physical and mental health. To help prevent
this, it is agreed that Employee’s:
i. Will not enter or work on a project if the Employee is under the influence of alcohol
or any other substance which impairs the Employee’s work or is likely to create an
unsafe working environment
ii. Must report for duty at the workplace in a condition capable of safely carrying out
their allocated tasks;
iii. Are required to notify their manager in a discreet manner if they believe a colleague
is affected by drugs or alcohol in the workplace;
iv. Who take prescription or over-the-counter medications that may
impair performance are to advise their supervisor. Such advice will be
treated confidentially; and
v. Who are considered to be affected by drugs or alcohol will be prevented from
commencing or continuing to work whilst the Employee is considered to be
incapable of performing safe work practices.
(c) Testing for drugs and alcohol may be conducted following an incident, as required by
client or site practices, or where there is a reasonable suspicion that an employee is
affected by drugs or alcohol. Testing will be conducted by a registered medical
practitioner (or other appropriate authority) of the Company’s nomination. The
reasonable costs of such testing shall be borne by the Company.
(d) The Company recognises that the abuse of drugs and alcohol is a society wide problem.
To endeavour to eliminate the problem before it arises within the workforce, the
Company will work with the Company Consultative Committee on a programme to
educate staff of the dangers of drugs and dependence. The Company will also offer
counselling & rehabilitation programmes on a voluntary basis at the Employees or
Company instigation.
(e) Whilst the parties to this Agreement agree that counselling and rehabilitation of
employees who are abusing drugs or alcohol is the main priority, it is also acknowledged
that the disciplinary action is essential where Employees are affected at work.
Generally, Employees affected by drugs or alcohol at work will be stood down without
pay until gaining at their own expense a medical certificate to indicate they are safe to
41
resume work.
(f) The appropriate blood alcohol concentration cut-off for all employees must be
consistent with the Company’s Alcohol, Drugs and Other Substances Policy and not
exceed 0.00mg/100ml..
(g) The appropriate method of drug testing should be through oral fluid. This should be
done in accordance with AS 4760-2006: Procedures for specimen collection and the
detection and quantitation of drugs in oral fluid.
(h) The Employee will at all times abide by the policies of the Company, as well as the
policies of the Company’s clients in relation to Drugs and Alcohol whilst attending
respective sites.
40. INCLEMENT WEATHER
40.1 “Inclement weather” will mean the existence of rain or abnormal conditions (whether they be
hail, snow, cold, high winds, severe dust storm, extreme high temperature or the likely of any
combination thereof) such that it is either not reasonable or not safe for workers to continue
working.
40.2 The Employer, or their representative, will, when requested by the Employees or a
representative of the Employees, confer (within a reasonable period of time which should not
exceed 2 hours) for the purposes of determining whether or not conditions are inclement.
Weather will not be regarded as inclement unless agreed at such conference.
40.3 Where there is safe access and useful work within the Employee’s classification,
Employees will continue work in a sheltered area.
40.4 Employees may be relocated to another company site where work that is in the Employee’s
classification is available for the remainder of the shift.
40.5 Planning, consultation and agreed training may be undertaken during periods of
inclement weather.
40.6 Any Employee will be entitled to payment by their Employer for ordinary time lost through
inclement weather for up to 32 hours in every period of 4 weeks provided that the number
of hours at the credit of any Employee at any time will not exceed 32 hours. An Employee
will not be entitled to payment for inclement weather as provided for in this clause unless
they remain on the job until the provisions set out in this clause have been observed. Time
spent in training or alternative work will not count as time lost for the purposes of this
clause.
41. ANTI-DISCRIMINATION
41.1 It is the intention of the Employer to achieve the principal object in s.3(e) of the Fair Work Act
2009 through respecting and valuing the diversity of the work force by helping to prevent
and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical
or mental disability, marital status, family responsibilities, pregnancy, religion, political
opinion, national extraction or social origin.
41.2 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.
42
41.3 Nothing in clause 41 is to be taken to affect:-
(a) Any different treatment (or treatment having different effects) which is
specifically exempted under the Commonwealth anti-discrimination legislation;
(b) An Employee, Employer or registered organisation, pursuing matters of discrimination
in any State or Federal jurisdiction, including by applications to the Human Rights and
Equal Opportunity Commission; or
(c) The exemptions in clauses 659(3) and (4) of the Workplace Relations Act 1996 (Cth).
42. JURY SERVICE MAKE-UP PAY AND COMMUNITY SERVICE LEAVE
42.1 JURY SERVICE
(a) An Employee required to attend for jury service will be entitled to have the gap between
the government provided subsidy and their ordinary pay made up by the Employer to
an amount equal to their ordinary pay for eight (8) hours (inclusive of accrued
entitlements prescribed by clause 23) per day plus fares.
(b) The Employee will give the Employer proof of such attendance and the amount
received in respect of such jury service.
(c) 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.
42.2 COMMUNITY SERVICE LEAVE
Community Service Leave will be available to an Employee when they are absent due to:
(a) A VOLUNTARY EMERGENCY MANAGEMENT ACTIVITY
Where the Employee engages in an activity that involves dealing with an emergency or
natural disaster (including but not limited to coping with emergencies and/or
disasters, fire-fighting, civil defence or a rescue body, or any other body which
involves securing the safety of persons or animals in an emergency or natural
disaster or protecting property in an emergency or natural disaster or otherwise
responding to an emergency or natural disaster).
(b) AN ACTIVITY PRESCRIBED IN THE FAIR WORK REGULATIONS 2009
A. The Employee will give the enterprise proof of such attendance requiring
community service leave and where possible will provide appropriate notice of the
requirement to take community service leave.
43. DISPUTES RESOLUTION PROCEDURE
43.1 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, 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
43
employment relationship) shall be dealt with according to the following procedure.
43.2 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 their Employee
representative or other representative to the site foreperson, supervisor or the other
appropriate site representative of the Enterprise
(b) If still unresolved, the dispute will be raised with a Manager, who will attempt to resolve
the matter, possibly involving senior management and/or a Human Resources
Representative.
(c) 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.
(d) 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.
(e) 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.
43.3 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.
43.4 Conciliation
(a) The person(s) who raised the dispute, or their 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;
44
ii. help the parties to develop a procedure which is aimed at achieving resolution of
the dispute quickly, fairly and cost-effectively;
iii. where appropriate, suggest particular dispute resolution techniques for individual
issues aimed at narrowing the matters in dispute quickly, fairly and cost-
effectively; and
iv. act as the facilitator of direct negotiations between the parties.
(d) The parties further agree that during the conciliation, the FWC may, at its discretion,
discuss the matter(s) in dispute privately with any of the parties to the dispute or their
representatives. The FWC shall keep confidential the content of any such discussion,
and shall not expressly or impliedly convey the content of such discussion (or part
thereof) unless specifically authorised to do so.
(e) If the FWC is of the view that having completed the above process the matter(s) in
dispute remains unresolved, it may:
i. make suggestions for resolution of the dispute;
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.
43.5 Formal Determination
(a) If the matter(s) in dispute remain unresolved the FWC may make a formal
determination.
(b) The parties agree to abide by the determination.
(c) Employee/s may be represented for the purposes of a formal determination procedure
by the Fair Work Commission.
(d) 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.
(e) The FWC can make and issue directions in relation to the process leading to its
determination and the parties will abide by those directions.
(f) 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.
43.6 This procedure shall be followed in good faith without unreasonable delay.
43.7 Any arbitration or other binding outcome of a dispute must be consistent with the Code for
45
the Tendering and Performance of Building Work 2016..
43.8 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.
44. SERVICE WORK ONLY
44.1 An Employee required to perform service work outside normal working hours for
breakdown, accident or other emergency work shall be paid at the rate of double time. The
calculation of the period of time of duty shall include only the time reasonably occupied in
travel or work between the time of the Employee’s departure from their return thereto
provided that: in the case of the first call-back in the same day as for at least a period of one
(1) hour whether occurring within two (2) hours of the first call-back or not.
44.2 SERVICE ALLOWANCE
The Service Allowance will be paid at $8.50 per day and is in lieu of all other allowances,
excluding the Paid Leisure Day Allowance and On Call Allowance.
44.3 ON CALL
(a) Where an Employee is required to be on call outside the ordinary hours of work, they
shall be readily contactable by telephone at all relevant times during such stand-by and
shall be entitled to:
i. Permanent or non-permanent $40 per day extra stand-by roster on Monday to Friday,
and $60 per day per Saturday and Sunday; and
ii. An Employee’s telephone rental and business call costs to be paid by the Employer
unless the Employer provides company telephone.
44.4 CALL BACK AND REST PERIOD
(a) Overtime worked in the circumstances specified in clause 46.1 and 46.2 shall not be
regarded as overtime for the purposes of clause 27.5 where the actual time worked is
less than four (4) hours on each recall.
44.5 MEAL HOURS
(a) For work instructed to be done during meal periods and thereafter until a meal break is
allowed time and a half rates shall be paid. An Employee shall not be compelled to work
for more than five (5) hours without a break for a meal.
44.6 REASONABLE OVERTIME
(a) An Employer may require any Employees to work reasonable overtime at overtime
rates and such Employee shall work overtime in accordance with such requirements.
44.7 MEALS AND CRIB TIME
(a) Where an Employee is required to work overtime for at least one and a half hours after
working ordinary hours and has not been given notice, they shall be allowed an
amount of $12.47 to meet the cost of a meal, plus an additional $12.47 for each
subsequent four (4) hours worked. When working overtime for two (2) hours or more,
Employees shall be allowed to take without deduction of pay, 20 minutes for crib
immediately after the ordinary ceasing time, and thereafter 30 minutes for crib shall be
46
allowed after each four (4) hours of continuous work.
45. WORKPLACE FLEXIBILITY
45.1 An Employer and Employees covered by this enterprise Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with 1 or more of the following matters:
i. arrangements about when work is performed;
ii. overtime rates;
iii. penalty rates;
iv. allowances;
v. leave loading; and
(b) The arrangement meets the genuine needs of the Employer and Employee in relation
to 1 or more of the matters mentioned in paragraph (a); and
(c) The arrangement is genuinely agreed to by the Employer and Employee.
45.2 The Employer must ensure that the terms of the individual flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair Work Act 2009 ; and
(b) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and
(c) result in the Employee being better off overall than the Employee would be if
no arrangement was made.
45.3 The Employer must ensure that the individual flexibility
arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18 years of
age, signed by a parent or guardian of the Employee; and
(d) includes details of:
i. the terms of the enterprise Agreement that will be varied by the arrangement; and
ii. the terms of the enterprise Agreement that will be varied by the arrangement; and
iii. how the arrangement will vary the effect of the terms; and
iv. how the Employee will be better off overall in relation to the terms and conditions
of his or her employment as a result of the arrangement; and
v. states the day on which the arrangement commence
47
45.4 The Employer must give the Employee a copy of the individual flexibility arrangement within
14 days after it is agreed to.
45.5 The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the arrangement;
or;
(b) if the Employer and Employee agree in writing - at any time.
46. CONSULTATION
46.1 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
46.2 For a major change referred to in paragraph 46.1(a):
(a) the employer must notify the relevant employees of the decision to introduce the
major change; and
(b) subclauses 46.3 to 46.9 apply.
46.3 The relevant employees may appoint a representative for the purposes of the procedures in
this term.
46.4 If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
46.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect
of the change on the employees; and
(b) for the purposes of the discussion—provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the change
proposed; and
(ii) information about the expected effects of the change on the employees; and
(iii) any other matters likely to affect the employees.
46.6 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
48
46.7 The employer must give prompt and genuine consideration to matters raised about the major
change by the relevant employees.
46.8 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 46.2(a) and subclauses 46.3 and 46.5 are taken not to apply.
46.9 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
46.10 For a change referred to in paragraph 48.1(b):
(a) the employer must notify the relevant employees of the proposed change;
and
(b) subclauses 46.11 to 46.15 apply.
46.11 The relevant employees may appoint a representative for the purposes of the procedures in
this term.
46.12 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.
46.13 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).
46.14 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
49
46.15 The employer must give prompt and genuine consideration to matters raised about the
change by the relevant employees.
46.16 In this term:
relevant employees means the employees who may be affected by a change referred to in
subclause 48.1.
47. COMPANY DELEGATE
47.1 For the purpose of this Clause a Company Delegate shall be an Employee which has
been elected by the majority of Employees of the Company.
47.2 The Delegate is to ensure their obligations are met as an Employee of the Company as a
priority to undertaking their duties as a Delegate.
47.3 The Delegate will ensure that when carrying out their duties they adhere to and strive to
meet the objectives of this Agreement.
47.4 The Company, at their discretion, will give the Delegate reasonable time off with pay (at the
prevailing rate) to carry out duties/activities of a Delegate. The Delegate will provide one
week’s notice to their Supervisor of the requirement to perform or attend to these
duties/activities.
47.5 The Delegate’s duties/activities may include:
(a) Representing the CEPU and its members in workplace relations matters at work;
(b) Giving CEPU representatives instructions and information during a dispute, including
during preparations and attendances in tribunals and courts;
(c) Keeping CEPU members informed of workplace matters and providing advice;
(d) Attending meetings conducted by the CEPU to discuss industry related matters; and
(e) The Delegate may attend one annual CEPU meeting per year without loss of pay.
48. CODE COMPLIANCE AND SEVERABILITY
(a) If the existing code is amended or replaced, and a provision of this agreement is deemed
as being non-compliant with the Code, the parties will take all necessary and reasonable
steps to vary the Agreement so that the non-compliant provision of the Agreement is
Code compliant.
(b) Actions taken by a party under this clause are not an extra claim.
48.2 SEVERABILITY
(a) It is the intention of those covered by this Agreement that the Agreement contains
only permitted matters under the Fair Work Act 2009.
(b) 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.
(c) To the extent it is possible, all terms should be interpreted in a manner that would
make them permitted matters.
49. Family and Domestic Violence Leave
50
49.1 This clause applies to all employees, including casuals.
49.2 Definitions:
(a) In this clause: family and domestic violence means violent, threatening or other abusive
behaviour by a family member of an employee that seeks to coerce or control the employee and that
causes them harm or to be fearful.
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
49.2 (a) includes a former spouse or de facto partner.
49.3 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.
49.4 TAKING UNPAID LEAVE
51
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.
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.
49.5 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.
49.6 NOTICE AND EVIDENCE REQUIREMENTS
(a) Notice
An employee must give their employer notice of the taking of leave by the employee under
clause 49. 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 49 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 49.4.
49.7 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.
49.8 CONFIDENTIALITY
Employers must take steps to ensure information concerning any notice an employee has given,
or evidence an employee has provided under clause 49.6 is treated confidentially, as far as it is
reasonably practicable to do so.
52
Nothing in clause 49 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
An employee is not entitled to take leave under clause 38 unless the employee complies with
clause 49.
50. Heat Policy
The parties recognise the risk to worker health caused by exposure to high temperatures in the
work environment. To reduce the potential for heat related illness, the parties agree to the
following heat policy.
Workers should be alerted to possible extreme or excess heat conditions by the Company, HSR
and/or the WHS Committee before commencing work or as soon as practicable after work
commences.
Once the temperature reaches 35 degrees within the work area, there will be an orderly cessation
of work and preparations for safe completions of critical tasks currently under way.
During periods of hot weather, if there are areas of the workplace that are below 35°, work shall
continue as normal. Workers will walk a reasonable distance through the open to and from
amenities, provided it does not pose a serious threat to their health or safety.
51.Asbestos Awareness Training
The Employer agrees to schedule an agreed asbestos awareness training course where it is applicable
to the project/services work being undertaken.
(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 and parties to
the agreement
53
52. SIGNATORIES
For and on behalf of the Communications Electrical Electronic Energy Information Postal
Plumbing and Allied Services Union of Australia
Branch Address: Shop 1, 111 McEvoy Street
Alexandria NSW 2015
Phone: 9310-3411
Fax: 9310-1380
Name: Theo Samartzopoulos
Position:
Signature:
Date:
1 7
Signatories for •::•If of the Company
S~n~ure: ~ )
:?0 ;?; 6/fs Name:
Position:
Address:
Date:
Position: NSW Branch Secretary Signature: 15/06/2022 Date:
Signatories for and on behalf of the Company 1h Signature: BOB EPPs Name: Position: EGm file + MECH Address: 16 FACIOLA ST. SILVERVATEL. 8/6/22 Date:
54
53. APPENDIX A - WAGE RATES AND ALLOWANCES – FITTER
Wage Rate and Allowance's Registered 1st Class Fitter
Rates of Pay 2021- 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
Registered Fitter
Hourly Rate
$49.00 $50.75
Registered Fitter
Per Week
$1,764.00 $1,827.00
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$39.38 $39.38
Travel Time Per
Day
$78.76 $78.76
Travel Time Per
Week
$393.80 $393.80
Site Allowance
Per Hour
$3.95 $3.95
Redundancy –
Service Fitters
$233.00 $241.50
Redundancy –
Construction
Fitters
$135.00 $140.00
Superannuation
As Legislated As Legislated
Top-Up Worker’s
Compensation
$15.00 $15.00
The Rates above include Industry & Tool Allowance, Industry Disability Allowance and
Space, Height & Dirt Money
55
Clause 53 - Appendix A Wage Rate and Allowance's 1st Class
Fitter
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
1st Class Fitter
Hourly Rate
$46.40 $47.96
1st Class Fitter Per
Week
$1,670.40 $1,726.56
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$39.21 $39.21
Travel Time Per
Day
$78.42 $78.42
Travel Time Per
Week
$392.10 $392.10
Site Allowance
Per Hour
$3.95 $3.95
Redundancy –
Construction
Fitters
$135.00 $140.00
Redundancy –
Service Fitters
$233.00 $241.50
Superannuation
As Legislated As Legislated
Top-Up Worker’s
Compensation
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space,
Height & Dirt Money
56
Clause 54 - APPENDIX A - WAGE RATES AND ALLOWANCES – APPRENTICES
Wage Rate and Allowance's 4th Year Apprentice
Rates of Pay 2015-2019
All Rate changes from the first full pay period after the date nominated.
From approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
4th Year
Apprentice
Hourly Rate
$39.65 $40.94
4th Year
Apprentice Per
Week
$1,427.40 $1,473.84
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$34.14 $34.14
Travel Time Per
Day
$68.28 $68.28
Travel Time Per
Week
$341.40 $341.40
Site Allowance
(Minimum)
Per Hour
$3.95 $3.95
Redundancy
$17.70 $18.40
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
57
Clause 54 - APPENDIX A - WAGE RATES AND ALLOWANCES –
APPRENTICES Rate and Allowance's 3rd Year Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
3rd Year
Apprentice
Hourly Rate
$33.10 $34.29
3rd Year
Apprentice Per
Week
$1,191.60 $1,234.44
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$28.25 $28.25
Travel Time Per
Day
$56.50 $56.50
Travel Time Per
Week
$282.50 $282.50
Site Allowance
Per Hour
$3.95 $3.95
Redundancy $17.70 $18.40
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space,
Height & Dirt Money
58
Clause 54 - APPENDIX A - WAGE RATES AND ALLOWANCES – APPRENTICES
Wage Rate and Allowance's 2nd Year Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
2nd Year
Apprentice
Hourly Rate
$21.30 $22.08
2nd Year
Apprentice Per
Week
$766.80 $794.88
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$18.47 $18.47
Travel Time Per
Day
$36.94 $36.94
Site Allowance
Per Hour
$3.95 $3.95
Redundancy
e
$1.50 $1.50
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
59
Clause 54 - APPENDIX A - WAGE RATES AND ALLOWANCES – APPRENTICES
1st Year Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
1st Year
Apprentice
Hourly Rate
$18.89 $19.59
1st Year
Apprentice Per
Week
$680.04 $705.24
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$17.56 $17.56
Travel Time Per
Day
$35.12 $35.12
Travel Time Per
Week
$175.60 $175.60
Site Allowance
Per Hour
$3.95 $3.95
Redundancy
$1.50 $1.50
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
60
Clause 54 Appendix A Wage Rate and Allowance's 1st Year Adult Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
1st Year Adult
Apprentice
Hourly Rate
$21.73 $21.73
1st Year Adult
Apprentice Per
Week
$782.28 $782.28
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$17.56 $17.56
Travel Time Per
Day
$35.12 $35.12
Travel Time Per
Week
$175.60 $175.60
Site Allowance
Per Hour
$3.95 $3.95
Redundancy
$1.50 $1.50
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
61
Clause 54 Appendix A Wage Rate and Allowance's 2nd Year Adult Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
2nd Year Adult
Apprentice
Hourly Rate
$21.73 $22.08
2nd Year Adult
Apprentice Per
Week
$782.28 $794.88
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$18.47 $18.47
Travel Time Per
Day
$36.94 $36.94
Travel Time Per
Week
$184.70 $184.70
Site Allowance
Per Hour
$3.95 $3.95
Redundancy
$1.50 $1.50
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
62
Clause 54 Appendix A Wage Rate and Allowance's 3rd Year Adult Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
From approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
3rd Year Adult
Apprentice
Hourly Rate
$33.10 $34.29
3rd Year Adult
Apprentice Per
Week
$1,191.60 $1,234.44
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$28.25 $28.25
Travel Time Per
Day
$56.50 $56.50
Travel Time Per
Week
$282.50 $282.50
Site Allowance
Per Hour
$3.95 $3.95
Redundancy
$17.70 $18.40
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
63
Clause 54 Appendix A Wage Rate and Allowance's 4th Year Adult Apprentice
Rates of Pay 2020 - 2024
All Rate changes from the first full pay period after the date nominated.
On approval of this
agreement
(36 Hour Divisor)
1st March 2023
(36 Hour Divisor)
4th Year Adult
Apprentice
Hourly Rate
$39.65 $40.94
4th Year Adult
Apprentice Per
Week
$1,427.40 $1,473.84
Fares Per Day
$16.00 $16.00
Fares Per Week
$80.00 $80.00
Travel Time Rate
$34.14 $34.14
Travel Time Per
Day
$68.28 $68.28
Travel Time Per
Week
$341.40 $341.40
Site Allowance
Per Hour
$3.95 $3.95
Redundancy
$17.70 $18.40
Superannuation
As Legislated As Legislated
Top Up
Insurance
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance
and Space, Height & Dirt Money
64
55 APPENDIX B – RATES SCHEDULE
Allowances Rates
Charge Hands
• Under direct supervision 2 & 10
• Under direct supervision 10
• In sole charge outside city/suburbs2 & 10
• In sole charge outside city/suburbs 10
$39.40 (per week)
$49.17 (per week)
$49.17 (per week)
$55.64 (per week)
Vehicle – Use of Own Motor Vehicle $0.74 (cents per kilometre)
Board & Accommodation $150.00 (per night)
Out of Pocket Expenses $50.00 (per day)
Insulation Allowance $0.53 (per hour)
First Aid Allowance $1.84 (per hour)
Welding Certificate/ Qualifications $0.41 (per hour)
Scaffolders Licence/ Certificate $12.63 (per day)
Service Allowance $8.50 (per day)
Towers Allowance $1.32 (per hour; per 15m)
56. APPENDIX C - CHART OF ENTITLEMENT – YES/NO
FARES
TRAVEL
SITE
ALLOW
LEADING
HAND
SERVICE
ALLOW
ON
CALL
Ordinary Yes Yes Yes Yes Yes Yes
Overtime-
Weekday
No
No
Yes
No
No
No
Overtime-
Weekend
Yes
Yes
Yes
No
No
No
Call-Out
No
No-incl
In Time
Yes
No
No
No
Sick No No No Yes No No
Annual No No No Yes No No
Leave Without
Pay
No
No
No
No
No
No
PLD No No No No No No
RDO Yes Yes No* Yes Yes Yes
Note*: The requirement not to pay Site Allowance on RDO’s depends on Site Allowance being paid for 8
hours normal time each work day. Alternatively Site Allowance may be accrued in which case it is paid
for 7.2 hours normal time per week day and Site Allowance is then paid on every Rostered Day Off.
65
57. Appendix D – RDO Calendar
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Annual luw (optional)
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li 12 a .a 2l2
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ll li ll ll\
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• • Oes;«nated lor\g W~kend (Public Hoiiday a.B:I RDOI
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Appendix D - Table 1 - RDO Calendar - 2022 2022 January 22 February 22 March '22 SMIWIES SMIWIES SMIWIES 1 1 2 3 4 5 1 2 3 45 - 2 3 4 5 6 Z 8 6 7 8 9 10 11 12 6 Z 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 - - April '22 May 22 June '22 SMIWIES SMIWIES SMIWIES - 1 2 1 2 3 4 5 6 Z 1 2 3 4 4 5 6 7 89 Chl 13 8 10 11 12 13 14 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 - July 22 August '22 September '22 SMIWIES SMIWIES SMIWIE S 1 2 1 : 3 4 5 1 2 3 - 3 4 5 6 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 100 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 - October '22 November '22 December 22 SMIWIES SMIWIES SMIWIES 1 1 2 3 4 5 1 : 3 2 3 4 5 6 7 8 Z 8 9 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 2 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 - Annual leave (optional) Flexible RDO Scheduled RDO Designated Long Weekend (Public Holiday and RDO)
66
AppMdix 0-Tatile 1 · ROD Calendar-202.3
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ll ll ll l1 ll .!! ll ll ll ll .!!
12 .!9. l! ll l! .l! ll l! .ll .!9.
1 ! ! ! i ! :! .!9. ll ll ! ! i ! ! :!
• 10 11 ll .ll .!l .!! !! .!! ll 11 12 1l .!! .!l .Ii
.Ii 1! .!! ll 1Q l1 ll .!! l! .l! .!! ll 12 ll l1 ll
D 24 l! .l! ll 12 .!9. ll l! ll l! ll .!9.
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! .!9. ll ll .ll !! .!l ll .!! ll .Ii !! .!! ll .!9. ll .!1 .n !! .!l .!!
.Ii 1! .!! ll 1Q l1 ll 12 ll ll .!! l! l! 1! ll 1Q l1 l1 ll
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.!l .!! !! .!! ll 12 ll .!1 .!! .!! .!l .Ii 1! .!! .!9. ll .!1 .!l .!!
ll ll .!! l! .l! ll l! ll ~ ll l1 ll .!! l! 1! .!! ll l1 ll
.a lJl 11 Z6. l2 .21 li ll2 l! ll Z6. a lll
.!!
• Annual luve (optional)
• Rexible ROO • Scheduled ROD
• • Oef:Cnated l.or\g Weekend (Public Holiday aB:I RDOI
Appendix D - Table 1 - RDO Calendar - 2023 2023 January 23 February '23 March '23 SMIWIES SMIWIES SMIWIES 1 2 3 4 5 6 7 1 2 1 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 - April '23 May '23 June '23 SMIWIES SMIWIES SMIWIE 5 1 1 2 4 1 2 3 - 2 3 4 5 6 7 8 9 10 11 12 13 4 5 6 7 8 9 9 10 10 100 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 - 30 July 23 August '23 September '23 SMIWIES SMIWIES SMIWIES 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 10 11 12 3 4 5 6 7 8 9 9 10 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 13 14 15 16 16 17 18 19 20 21 22 20 21 22 23 24 25 26 17 18 19 20 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 - October '23 November '23 December 23 SMIWIES SMIWIES SMIWIES 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 19 20 21 12 13 14 15 16 17 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 23 29 30 31 26 27 28 29 30 24 25 26 22 28 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO Designated Long Weekend (Public Holiday and RDO)
67
7 891011 12 13
14 15 16 17 18 19 20
21 22 21 2A 25 :Z6 27
28 2.9 30 31
l 2 3 • 5 6
7 8 • 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 30 31
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 56 7 9 10
11 Ul314 1S 16 17
18 20 21 22 23 24
2.5 26 27 28 29
May "24
SMlWTFS
1 2 3 4
5 6 7 8 • 10 11
11 13 14 15 16 17 18
19 21 22 23 ,. 25
26 27 28 29 30 31
August '24
SMlWTFS
l 2 3
4 5 6 7 8 • 10
11 11 13 14 15 16 17
18 • 20 21 22 23 24
25 26 27 28 29 30 31
November '24
SMlWTFS
1 2
3 • 5 6 7 8 •
10 11 12 13 14 15
17 18 .. 20 21 22
24 25 26 27 28 29
• Annual luve (optionaJI
• RexibleROO
• Scheduld ROO
DD Oef:Cnated l.or\g Weekend (Public Holiday aB:I RDOI
3 4 5 6 7 •
10 11 12 13 14 15 16
17 19 20 21 22 23
2.4 2S 26 27 28 29 30
1
2 3 4 5 6 7 8
• 10 11 12 13 14 15
16 17 18 19 20 2l 22
23 25 26 27 28 29
September '24
SMTWtFS
1 2 3 4 5 6 7
8 • 10 11 12 13 14
15 16 17 18 19 20 21
22 ,. 25 26 27 28
29 30
12 13 14
19 20 21
26 27 28
Appendix D - Table 1 - RDO Calendar - 2024 2024 January '24 February '24 March '24 SMTWTF S SMTWTF S SMT WT F S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 6 7 8 9 10 3 4 5 6 7 3 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 5 M T W TFS SMTWTFS SMTW TFS 1 2 3 4 5 6 1 2 3 4 1 7 8 9 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 SMTWTFS SMTWTF S SMTWTFS 1 2 3 4 5 6 1 2 1 2 3 4 5 6 7 7 8 9 1 11 12 13 4 5 6 7 8 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 5 M T WTF S SMTWTFS SMTWTF S 1 2 3 4 1 2 1 2 3 4 5 6 7 6 7 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO)
68
59. Appendix E
SECURITY OF EMPLOYMENT ARRANGEMENTS
a) The Company is committed to maintaining a stable and skilled workforce, recognising its
contribution to the operation of the company. Subject to the terms of this agreement, full-time
direct and ongoing employment is a guiding principle of this agreement.
b) The parties agree that the Employer needs to be able to source additional labour by engaging
subcontractor firms and/or supplementary labour from time to time.
c) The parties agree that it is important that work is performed effectively, efficiently and without
undue pressure or bullying, and in a way that promotes WHS and equal opportunity principles
and practises in the workplace and appropriate representation of employees should they
request. The company will ensure that its employment practises are consistent with the above
principles and practices.
Contractors
All subcontract firms and supplementary labour will be engaged according to the following terms:
a) All Employees of the subcontract firm engaged on the project will be registered or apprenticed
sprinkler fitters.
b) The subcontract firm will have its own safe work method statements and WHS plans.
c) The subcontract firm will have all appropriate licenses and will hold current public liability and
worker’s compensation insurances.
d) Builders will be notified that the subcontract firm has been engaged and all Employees of the
subcontract firm will be inducted under their company name.
Consultation
a) Where the Company makes a definite decision that it intends to engage a third party to perform
work covered by this agreement, (which would ordinarily be undertaken by the employees), the
company shall consult with the employees, in accordance with this clause.
b) In the normal course it is expected that consultation will occur within the 14 days leading up to
the commencement of work by the Third Party. If for any reason this does not occur, or if the
company has less than 14 days’ notice of the need to commence the work, consultation will
occur as soon as reasonably practicable, and in any case, not more than 14 days after the Third
Party commences work.
c) At the consultation, the Company must advise in writing:
I. The name of the Third Party
II. The type of work proposed to be given to the Third Party
III. The likely duration
d) At any time, upon written request of an employee representative, the company shall provide
the above details in writing in respect of any Third Parties the company is using at the time of
the request.
e) At the consultation, the company must consult over the following issues:
I. Safety, and
II. Facilities for the Third Party
f) Third Party means:
I. A licensed Fire Protection Contractor which utilises registered first class or apprenticed
sprinkler fitters.
II. Any other person or entity who/which is not a direct employee of the Company, which
will do, or does work, that would be covered by this Agreement if it was performed by
the Employees.
69
g) For the purposes of this clause, a Third Party excludes specialist work and other works that the
company is required to perform with employees covered by this Agreement.
FWC Matter Number:
AG2022/2027
Applicant:
EQUANS Fire Protection Services Pty Limited
Section 185 – Application for approval of a single enterprise agreement
Undertaking – Section 190
I, Alicia Ryan-Peek, ER Specialist have the authority given to me by EQUANS Fire Protection Services
Pty Limited to give the following undertakings with respect to the ENGIE Fire Protection Pty Ltd &
CEPU NSW/NFIA Sprinkler Fitters Enterprise Agreement NSW & ACT 2020 – 2024 (“the
Agreement”):
1. The National Employment Standards (NES) apply to all employees as a minimum standard.
Where there is an inconsistency between the NES and a clause of this agreement, the NES
will apply and the clause of the agreement will not apply, except to the extent that the
clause of the agreement provides for a more beneficial outcome for employees than the
NES.
These undertakings are provided on the basis of issues raised by the Fair Work Commission in
the application before the Fair Work Commission.
_____________________________
Signature
29/06/2022
_____________________________
Date
