1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2022/3300)
AEL FIRE SOLUTIONS PTY LTD & CEPU NSW/NFIA SPRINKLER
FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT
NSW & ACT 2020-2024
Plumbing industry
DEPUTY PRESIDENT COLMAN MELBOURNE, 16 AUGUST 2022
Application for approval of the AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler
Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia (CEPU) has made an application for approval of the AEL
Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union 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] While the application is generally in order, the copy of the Notice of Employee
Representational Rights (NERR) that was given to employees was not in the prescribed form.
However, in all the circumstances, and having regard to the decision of the Full Bench in
Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics &
Others,1 I am satisfied that this constitutes a minor procedural or technical error for the purposes
of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been
disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely
agreed within the meaning of s 188(2) of the Act.
[3] 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.
[4] Subject to the undertaking referred to above, 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.
1 [2019] FWCFB 318
[2022] FWCA 2783
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2022] FWCA 2783
2
[5] The CEPU, being a bargaining representative for the Agreement, has given notice under
s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based
on its declaration, I note that the Agreement covers the CEPU.
[6] The Agreement was approved on 16 August 2022 and, in accordance with s 54, will
operate from 23 August 2022. The nominal expiry date of the Agreement is 29 February 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE517039 PR744841
THE FAIR WORK CAL OF 7 NOW THE
COMMIS
[2022] FWCA 2783
3
Annexure A
15 August 2022
IN THE FAIR WORK COMMISSION FWC Matter AG2022/3300 -AEL Fire Solut ion Pty Ltd & CEPU
NSW/NFIA Sprinkler Fitting Fire Protect ion Union Enterprise Agreement NSW & ACT 2020-2024.
Undertakings
1, Andy Park, Director of AEL Fire Solution Pty Ltd give the following undertakings wit h respect to the
AEL Fire Solution Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protect ion Union Enterprise
Agreement NSW & ACT 2020-2024 (" the Agreement").
1. I have t he authority given to me by AEL Fire Solut ion Pty Ltd to provide t his undertaking in
Relation to the appl icat ion before t he Fair Work Comm ission.
2. The National Em ployment Standards {NES) apply to all employees as a m inim um standard.
Where t here is an inconsistency between the NES and a clause of t his agreement, t he NES w i ll apply
and the clause of the agreement w ill not apply, except to t he extent that the clause of the
agreement provides fo r a more benefi cial outcome for em ployees t han the NES.
Kind Regards
Andy Park
Director
M: 0410 580 852
Email: aelfirepro@gmail.com
IN THE FAIR WORK COMMISSION FWC Matter AG2022/3300 -AEL Fire Solution Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.
I, Andy Park, Director of AEL Fire Solution Pty Ltd give the following undertakings with respect to the AEL Fire Solution Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024 ("the Agreement").
1. I have the authority given to me by AEL Fire Solution Pty Ltd to provide this undertaking in Relation to the application before the Fair Work Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES.
Andy Park Director M: 0410 580 852 Email: aelfirepro@gmail.com
Australia
Contractors at the
Frontline of Fire Protection
AEL Fire Solutions Pty Ltd & CEPU
NSW / NFIA Sprinkler Fitting Fire
Protection Union Enterprise Agreement
NSW & ACT 2020/2024.
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Contractors al the Frontithe ul Fire Protection
EMPLOYEES National Fire Industry Association TO TRADES BE UNION PROUD UNION OF ~ VIT US Australia PLUMBING Contractors at the Frontline of Fire Protection AEL Fire Solutions Pty Ltd & CEPU NSW/ NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020/2024.
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 3
5 No Extra Claims and Increases to Wages and Allowances 3
6 Definitions & Interpretations 3
7 Types of Employment 5
8 Security of Employment and Contractors 6
9 Payment of Wages 8
10 Fares and Travelling 9
11 Allowances & Expenses 10
12 Charge Hands 15
13 Special Working Conditions 16
14 Time Records 16
15 Employee and Employer Duties 17
16 Licence and Registration 17
17 Mixed Functions 17
18 Superannuation 17
19 Long Service Leave 19
20 Redundancy/Severance 19
21 Retrenchment Selection Criteria 22
22 Top-up Worker's Comp 24 Hr Accident Cover & Sickness Insurance 22
23 36 hour Week and Rostered Days Off 23
24 Hours of Work 26
25 Work breaks 27
26 Smoking 27
27 Overtime - Construction Only 27
28 Weekend Work 29
29 Night Shift 29
30 Holidays and Sunday Work 30
31 Family Picnic Day 31
32 Personal/Carer's Leave And Compassionate Leave 31
33 Annual Leave 31
34 Parental Leave 32
35 Termination of Employment 32
36 Apprentices 33
37 Structured Vocational Training 37
38 Leave to Deal With Family and Domestic Violence 38
39 Protective Clothing 40
40 Consultative Mechanisms 40
41 Work Health and Safety 41
42 Inclement Weather 41
43 Anti-Discrimination 41
44 Jury Service & Community Service Leave 42
45 Disputes Resolution Procedure 42
46 Service Work Only 45
47 Workplace flexibility 46
48 Model Consultation Clause 47
49 Employee Representation 49
so Code Compliance/ Severability so
51 Tools 51
52 Heat policy 51
53 Asbestos Awareness Training 54
54 Appendix A- Wage Rates and Allowances 55-64
Appendix B - Rates Schedule 65
Appendix C - Chart of Entitlements. 65
Appendix D- RDO Calendar's 2020,2021,2022,2023 66-69
Signatories 70
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Clause No. Name Page No. Title 1 Parties and Persons Bound Intentions of the Parties + Lodgement and Date of Operation of Agreement No Extra Claims and Increases to Wages and Allowances m 5 m Definitions & Interpretations 5 Types of Employment Security of Employment and Contractors CO Payment of Wages 0 10 Fares and Travelling 11 Allowances & Expenses 10 12 Charge Hands 15 13 Special Working Conditions 16 14 Time Records 16 15 Employee and Employer Duties 17 16 Licence and Registration 17 17 Mixed Functions 17 18 Superannuation 17 19 Long Service Leave 19 20 Redundancy/Severance 19 21 Retrenchment Selection Criteria 22 22 Top-up Worker's Comp 24 Hr Accident Cover & Sickness Insurance 22 23 36 hour Week and Rostered Days Off 23 24 Hours of Work 26 25 Work breaks 27 26 Smoking 27 27 Overtime - Construction Only 27 28 Weekend Work 29 29 Night Shift 29 30 Holidays and Sunday Work 30 31 Family Picnic Day 31 32 Personal/Carer's Leave And Compassionate Leave 31 33 Annual Leave 31 34 Parental Leave 32 35 Termination of Employment 32 36 Apprentices 33 37 Structured Vocational Training 37 38 Leave to Deal With Family and Domestic Violence 38 39 Protective Clothing 40 40 Consultative Mechanisms 40 41 Work Health and Safety 41 42 Inclement Weather 41 43 Anti-Discrimination 41 44 Jury Service & Community Service Leave 42 45 Disputes Resolution Procedure 42 46 Service Work Only 45 47 Workplace flexibility 46 48 Model Consultation Clause 47 49 Employee Representation 49 50 Code Compliance / Severability 50 51 Tools 51 52 Heat policy 51 53 Asbestos Awareness Training 54 54 Appendix A - Wage Rates and Allowances 55-64 Appendix B - Rates Schedule 65 Appendix C - Chart of Entitlements. 65 Appendix D - RDO Calendar's 2020,2021,2022,2023 Signatories 70 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 1
1. TITLE
1.1 This Agreement will be known as the AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler
Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.
2. PARTIES AND PERSONS BOUND
2.1 This Agreement will be binding upon each of the following:
(a) AEL Fire Solutions 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.
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1. TITLE 1.1 This Agreement will be known as the AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024. 2. PARTIES AND PERSONS BOUND 2.1 This Agreement will be binding upon each of the following: (a) AEL Fire Solutions 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 2
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.
4.2 This Agreement will come into operation seven days after the date of certification and remain
in effect until the 29th February 2024.
4.3 The Employer must ensure that copies of this Agreement and the NES are available to all
Employees to whom they apply either on a noticeboard which is conveniently located 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 Band other
benefits including annual leave, public holidays, 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 will be from first of October 2020 and other conditions of
employment in this Agreement will accrue from the first full pay period after the pt of
March 2020 or as provided for under this Agreement.
5.2 Where an Employee would have been entitled to an increase under this Agreement prior to
the date of lodgement had this Agreement been in operation at that time, a payment of an
amount equivalent to the difference between what the Employee was paid and what the
Employee would have been entitled to under this Agreement will be made in the first pay
period after the date of lodgement.
5.3 No Employee will be disadvantaged by the introduction 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.
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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. 4.2 This Agreement will come into operation seven days after the date of certification and remain in effect until the 29th February 2024. 4.3 The Employer must ensure that copies of this Agreement and the NES are available to all Employees to whom they apply either on a noticeboard which is conveniently located 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, 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 will be from first of October 2020 and other conditions of employment in this Agreement will accrue from the first full pay period after the 1st of March 2020 or as provided for under this Agreement. 5.2 Where an Employee would have been entitled to an increase under this Agreement prior to the date of lodgement had this Agreement been in operation at that time, a payment of an amount equivalent to the difference between what the Employee was paid and what the Employee would have been entitled to under this Agreement will be made in the first pay period after the date of lodgement. 5.3 No Employee will be disadvantaged by the introduction of this Agreement. 6. DEFINITIONS AND INTERPRETATIONS 1 For the purpose of this Agreement unless the contrary intention appears: (a) NSW means the State of New South Wales. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 3
(b} ACT means the Australian Capital Territory.
(c} The Act means the Fair Work Act 2009 (Cth).
(d) FWA means Fair Work Australia.
(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 fitter's/ 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;
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(b) ACT means the Australian Capital Territory. (c) The Act means the Fair Work Act 2009 (Cth). (d) FWA means Fair Work Australia. (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; ili. 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 fitter's / 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; AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 4
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.
(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.
(I) 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 Building Code 2016 (Code for the Tendering and Performance of
Building Work 2016), when and is in force 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 CASUAL EMPLOYMENT
(a) A casual Employee will be employed subject to each of the following terms:
i. A casual Employee will be engaged for a minimum period of 3 consecutive hours on
each occasion.
ii. A casual Employee for working ordinary time will be paid 125% of the hourly rate
prescribed in Appendix A, and all relevant allowances prescribed in Appendix A and
Appendix B, for each hour so worked. The penalty rate herein prescribed will be
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.Flushing, cleaning, commissioning and servicing of fire protection systems; = Work in any confined space; iv. Work in wet places; and/or V. Dirty or offensive work. (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. (i) 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. (I) 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 Building Code 2016 (Code for the Tendering and Performance of Building Work 2016), when and is in force 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 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. il. 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 5
made in lieu of annual leave, public holidays, personal leave, rostered days off,
parental leave, redundancy, compassionate leave payments, top-up payments,
severance payments and termination payments prescribed for other Employees in
the Agreement.
iii. A casual Employee, other than an irregular casual Employee, who has been engaged
by the Employer for a sequence of periods of employment under this Agreement
during a period of six months, thereafter has the right to elect to have their contract
of employment converted to full-time or part-time employment if the employment is
to continue beyond the conversion process.
iv. The Employer must give the Employee notice in writing of the provisions of this
clause within four weeks of the Employee having attained such period of six months.
The Employee retains their right of election under this clause if the Employer fails to
comply with this subclause.
v. A casual Employee who does not within four weeks of receiving written notice elect
to convert their contract of employment to full-time employment is deemed to have
elected against any such conversion.
vi. A casual Employee who has a right to elect under clause 7.2(a)iii, on receiving notice
under clause 7.2(a)v or after the expiry of the time for giving such notice, may give
four weeks' notice in writing to the Employer that they seek to elect to convert their
contract of employment to full-time, and within four weeks of receiving such notice
the Employer must consent to or refuse the election but must not unreasonably so
refuse.
vii. Following such Agreement being reached, the Employee converts to full-time
employment.
viii. Once a casual Employee has elected to become and has been converted to a full
time Employee, the Employee may only revert to casual employment by written
Agreement with the Employer.
ix. Where, in accordance with clause 7.2(a)vi an Employer refuses an election to
convert, the reasons for doing so must be fully stated to and discussed with the
Employee concerned and a genuine attempt made to reach Agreement.
x. For the purposes of this clause, an irregular casual Employee is one who has been
engaged to perform work on an occasional or non-systematic or irregular basis.
xi. An Employee must not be engaged and re-engaged to avoid any obligation under
this Agreement.
8. SECURITY OF EMPLOYMENT AND CONTRACTORS
8.1 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.
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made in lieu of annual leave, public holidays, personal leave, rostered days off, parental leave, redundancy, compassionate leave payments, top-up payments, severance payments and termination payments prescribed for other Employees in the Agreement. iii. A casual Employee, other than an irregular casual Employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. iv. The Employer must give the Employee notice in writing of the provisions of this clause within four weeks of the Employee having attained such period of six months. The Employee retains their right of election under this clause if the Employer fails to comply with this subclause. , 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. i. A casual Employee who has a right to elect under clause 7.2(a)iii, on receiving notice under clause 7.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. Following such Agreement being reached, the Employee converts to full-time employment. viii. Once a casual Employee has elected to become and has been converted to a full- time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. ix. Where, in accordance with clause 7.2(a)vi an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. x. For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. xi. An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. 8. SECURITY OF EMPLOYMENT AND CONTRACTORS 8.1 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 6
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.
8.2 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.
8.3 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
Ill. 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
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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. 8.2 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. 8.3 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: 1. The name of the Third Party Il. 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: Safety, and - = Facilities for the Third Party AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 7
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.
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.
9. PAYMENT OF WAGES
9.1 EFT will be used for payment of wages to Employees covered by this Agreement.
9.2 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 him/her no later than normal ceasing time on the working day immediately preceding such
holiday.
9.3 Upon termination of the employment wages due to an Employee shall be paid to him/her
within a reasonable time period. Where an Employer fails to pay all due wages within 3 days
of termination, an Employee is entitled to waiting time for each day kept waiting, up to the
equivalent of one week's pay.
9.4 An Employee kept waiting for his/her 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 than 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.
9.5 Payroll deductions may be provided by the Employer subject to the Employee providing the
Employer with a letter of authority to do so.
9.6 Particulars of details of payment to each Employee will be included on the envelope holding
the payment, or in a statement handed 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;
( 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
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f) Third Party means: 1. 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. 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. 9. PAYMENT OF WAGES 9.1 EFT will be used for payment of wages to Employees covered by this Agreement. 9.2 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 him/her no later than normal ceasing time on the working day immediately preceding such holiday. 9.3 Upon termination of the employment wages due to an Employee shall be paid to him/her within a reasonable time period. Where an Employer fails to pay all due wages within 3 days of termination, an Employee is entitled to waiting time for each day kept waiting, up to the equivalent of one week's pay. 9.4 An Employee kept waiting for his/her 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 than 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 9.5 Payroll deductions may be provided by the Employer subject to the Employee providing the Employer with a letter of authority to do so. 9.6 Particulars of details of payment to each Employee will be included on the envelope holding the payment, or in a statement handed 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; (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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 8
(f) The net amount of wages and allowances paid.
9.7 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.
9.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be
made to the Employee in error by the Company.
9.9 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.
10. FARES AND TRAVELLING
10.1 The centre of employment shall be the capital city principle post office.
10.2 Each Employee who is not wholly employed with in the factory or permanent workshop 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, the payment of
Fares as per Appendix A is not required.
10.3 For the time occupied outside the ordinary hours of work specified in clause 24 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.
10.4 The Fares necessary for such travelling whether actually paid or not.
10.5 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
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(f) The net amount of wages and allowances paid. 9.7 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. 9.8 The Employee agrees to reimburse the Company for any overpayment of wages proven to be made to the Employee in error by the Company. 9.9 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. 10. FARES AND TRAVELLING 10.1 The centre of employment shall be the capital city principle post office. 10.2 Each Employee who is not wholly employed with in the factory or permanent workshop 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, the payment of Fares as per Appendix A is not required. 10.3 For the time occupied outside the ordinary hours of work specified in clause 24 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. 10.4 The Fares necessary for such travelling whether actually paid or not. 10.5 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 9
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.
10.6 The minimum Fares paid to an Employee in accordance with this clause shall be the Fares
allowance in Appendix A.
10.7 Travelling Time from pt March 2020 shall be the rate prescribed in Appendix A for the life of
the Agreement and will be paid at these agreed rates.
10.8 FARES
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.
10.9 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 Allowance shall be agreed
between the Company and Employees on a project basis.
(c) 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.
10.10 SUMMARY
Summary of entitlement to fares and travel allowances:
Start or finish on the job using own vehicle
Start or finish on the job using public transport
Start or finish on the job provided with or offered transport
Start and finish at the workshop
Annual leave
Public holidays
Sick leave
Rostered Day Off
10.11 TRANSFER BETWEEN JOB SITES DURING WORKING HOURS
Travel Time
Paid
Paid
Paid
Not paid
Not paid
Not paid
Not paid
Not paid
Fares
Paid
Paid
Not paid
Not paid
Not paid
Not paid
Not paid
Not paid
(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.
11. ALLOWANCES AND EMPLOYEE EXPENSES
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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. 10.6 The minimum Fares paid to an Employee in accordance with this clause shall be the Fares allowance in Appendix A. 10.7 Travelling Time from 1st March 2020 shall be the rate prescribed in Appendix A for the life of the Agreement and will be paid at these agreed rates. 10.8 FARES 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. 10.9 TRAVELLING TIME 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 Allowance shall be agreed between the Company and Employees on a project basis. (c) 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. 10.10 SUMMARY Summary of entitlement to fares and travel allowances: Travel Time U 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 10.11 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. 11. ALLOWANCES AND EMPLOYEE EXPENSES AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 10
11.1 SITE ALLOWANCE
(a) An Employee will be entitled to a site allowance in accordance with the following table
for each hour worked effective from the First of March 2020:
Project Value - $ Million Site Allowance
$0-$64.lM $3.95
$64.lM - $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 $384.7M
$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 entitlement to Site Allowance:
Travel Time
Productive Work
Overtime
Annual leave
Public holidays
Sick leave
Rostered Day Off
Site Allowance
Not paid
Paid
Paid
Not paid
Not paid
Not paid
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
Allowance 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.
11.2 FUMES
(a) 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.
11.3 WELDING CERTIFICATE
(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.
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11.1 SITE ALLOWANCE (a) An Employee will be entitled to a site allowance in accordance with the following table for each hour worked effective from the First of March 2020: Project Value - $ Million Site Allowance $0 - $64.1M $3.95 $64.1M - $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 $384.7M $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 entitlement 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 Allowance 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. 11.2 FUMES (a) 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. 11.3 WELDING CERTIFICATE (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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 11
(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.
11.4 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.
11.5 LIVING AWAY FROM HOME ALLOWANCE (DISTANT WORK)
(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.
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 11.5(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 11.5(c)iA.
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(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. 11.4 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. 11.5 LIVING AWAY FROM HOME ALLOWANCE (DISTANT WORK) (a) QUALIFICATION ,An Employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the Employee cannot reasonably return to that place each night. (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. 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 . Where an Employee qualifies under clause 11.5(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 11.5(c)iA. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 12
(d) TRAVELLING EXPENSES
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 10, 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 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 11.S(d)i (above) together with the amount prescribed in
clause 10, 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) DAILYTRAVELALLOWANCE
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 10.
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(d) TRAVELLING EXPENSES 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 10, 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 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. 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 11.5(d)i (above) together with the amount prescribed in clause 10, 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 10. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 13
(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
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.
(g) REST AND RECREATION
i. An Employee who proceeds to a job which qualifies for the provisions of clause 11.5
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 11.S(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 11.S(f) and clause 11.S(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.
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(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 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. (g) REST AND RECREATION i. An Employee who proceeds to a job which qualifies for the provisions of clause 11.5 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 11.5(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 11.5(f) and clause 11.5(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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 14
(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 23, may be taken, and paid for, in conjunction with and
additional to rest and recreation leave as prescribed in 11.S(g}, or at the end of the
project, or on termination whichever comes first.
(I} 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.
12. CHARGE HANDS
12.1 An Employee may from time to time be appointed by the Employer as a Charge Hand.
12.2 A charge hand shall perform the following duties:-
(a} Liaise with client on-site representatives;
(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
(I) Inform supervisor of breaches.
12.3 An Employee appointed as charge hand will be paid the additional rates prescribed in
Appendix B.
12.4 An Employee who is not required to perform the duties of charge hand outlined in clause 12.2
shall not be paid as a Charge Hand, irrespective of whether they have performed those duties
and been paid accordingly on a prior occasion.
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(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 23, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 11.5(g), or at the end of the project, or on termination whichever comes first. 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. 12. CHARGE HANDS 12.1 An Employee may from time to time be appointed by the Employer as a Charge Hand. 12.2 A charge hand shall perform the following duties :- (a) Liaise with client on-site representatives; (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; Liaise with suppliers to facilitate deliveries, unloading and storage of equipment; S (k) Liaise with design staff and management; and Inform supervisor of breaches. 12.3 An Employee appointed as charge hand will be paid the additional rates prescribed in Appendix B. 12.4 An Employee who is not required to perform the duties of charge hand outlined in clause 12.2 shall not be paid as a Charge Hand, irrespective of whether they have performed those duties and been paid accordingly on a prior occasion. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 15
13. SPECIAL WORKING CONDITIONS
13.1 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.
13.2 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.
13.3 COLD WORK
An Employee who works for longer than two hours in a place where the temperature is
lowered by artificial means to less than o• Celsius will be entitled to 20 minutes rest after
every two hours work without loss of pay.
13.4 TOWERS
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.
14. TIME RECORDS
14.1 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 24;
(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;
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13. SPECIAL WORKING CONDITIONS 13.1 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. 13.2 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 46º and 54º Celsius will be entitled to 20 minutes' rest after every two hours work without loss of pay. 13.3 COLD WORK An Employee who works for longer than two hours in a place where the temperature is lowered by artificial means to less than 0º Celsius will be entitled to 20 minutes rest after every two hours work without loss of pay. 13.4 TOWERS 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. 14. TIME RECORDS 14.1 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 24; (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; AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 16
(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.
14.2 All records and documentation referred to in clause 14.1, or copies thereof, will be available
for inspection by the Employee during the usual office hours, at the Employer's office, or
other convenient place.
15. EMPLOYER AND EMPLOYEE DUTIES
15.1 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 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.
16. LICENCE AND REGISTRATION
16.1 All wet charged fire protection is to be carried out by registered sprinkler fitters and the
employer is required to a have contractor's licence with the Office of Fair Trading in NSW.
Competencies in Fire protection must be completed
17. MIXED FUNCTIONS
17.1 An Employee appointed for more than half of one day or shift on duties carrying a higher rate
than his/her ordinary classification will be paid the higher rate for such day or shift. If for less
than half of one day or shift he/she will be paid the higher rate for the time so worked.
18. SUPERANNUATION
18.1 The Company will contribute on behalf of each Employee 10.0% of Ordinary Time Earnings
into CBUS or another complying MySuper fund as required by the Superannuation Guarantee
(Administration) Act 1992 (Cth) (SGAA). Subject to the SGAA, CBUS shall be the default fund in
the event an Employee fails to nominate another complying MySuper fund.
18.2 The Company will provide each employee with a copy of a form provided by CBUS that
enables the employee to give written notice to the Company that CBUS is their chosen fund,
together with factual information approved by the Union and CBUS to enable the employee to
exercise this choice. This will be provided:
(a) on or before commencement of their employment;
(b) if the Company is notified by the ATO that the employee has a stapled fund; and
(c) at other times as required or requested.
18.3 The Employee will be given a reasonable opportunity to nominate CBUS as the Employee's
chosen fund. If the Company does not receive written notice from the Employee indicating
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(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. 14.2 All records and documentation referred to in clause 14.1, or copies thereof, will be available for inspection by the Employee during the usual office hours, at the Employer's office, or other convenient place. . EMPLOYER AND EMPLOYEE DUTIES 15.1 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 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. 16. LICENCE AND REGISTRATION 16.1 All wet charged fire protection is to be carried out by registered sprinkler fitters and the employer is required to a have contractor's licence with the Office of Fair Trading in NSW. Competencies in Fire protection must be completed 17. MIXED FUNCTIONS 17.1 An Employee appointed for more than half of one day or shift on duties carrying a higher rate than his/her ordinary classification will be paid the higher rate for such day or shift. If for less than half of one day or shift he/she will be paid the higher rate for the time so worked. 18. SUPERANNUATION 18.1 The Company will contribute on behalf of each Employee 10.0% of Ordinary Time Earnings into CBUS or another complying MySuper fund as required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). Subject to the SGAA, CBUS shall be the default fund in the event an Employee fails to nominate another complying MySuper fund. 18.2 The Company will provide each employee with a copy of a form provided by CBUS that enables the employee to give written notice to the Company that CBUS is their chosen fund, together with factual information approved by the Union and CBUS to enable the employee to exercise this choice. This will be provided: (a) on or before commencement of their employment; (b) if the Company is notified by the ATO that the employee has a stapled fund; and (c) at other times as required or requested. 18.3 The Employee will be given a reasonable opportunity to nominate CBUS as the Employee's chosen fund. If the Company does not receive written notice from the Employee indicating AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 17
their choice of fund within a reasonable timeframe, and no later than 28 days of commencing
employment, then the Company will provide the above information again to the Employee
along with a standard choice form specifying CBUS as the nominated default superannuation
fund.
18.4 The employer will, as part of the induction process for all new employees, provide each new
employee with written information provided by the Union and/or CBUS about superannuation,
choice of fund and the specific benefits of construction industry focussed superannuation funds
for employees covered by this agreement.
18.5 ABSENSE FROM WORK
(a) Subject to the governing rules of the relevant superannuation fund, the Company will
make the superannuation contributions provided for in Clause 18.1 in the following
circumstances:
(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 (subject to maximum of 52
weeks) of the Employee 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
The person remains an Employee of the Employer.
18.6 EMPLOYEE CONTRIBUTIONS
(a) The Employee can elect to salary sacrifice part or all of his or her wages or other
allowable entitlements into a superannuation fund of the Employee's choosing provided
that:
i. The arrangement complies with relevant legislation and Company policy as
amended from time to time;
ii. The Employee notifies the Company of his or her election to salary sacrifice in
writing prior to the wages and/or allowable entitlements being earned or accrued
by the Employee;
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their choice of fund within a reasonable timeframe, and no later than 28 days of commencing employment, then the Company will provide the above information again to the Employee along with a standard choice form specifying CBUS as the nominated default superannuation fund. 18.4 The employer will, as part of the induction process for all new employees, provide each new employee with written information provided by the Union and/or CBUS about superannuation, choice of fund and the specific benefits of construction industry focussed superannuation funds for employees covered by this agreement. 18.5 ABSENSE FROM WORK (a) Subject to the governing rules of the relevant superannuation fund, the Company will make the superannuation contributions provided for in Clause 18.1 in the following circumstances: (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 (subject to maximum of 52 weeks) of the Employee 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 The person remains an Employee of the Employer. 18.6 EMPLOYEE CONTRIBUTIONS (a) The Employee can elect to salary sacrifice part or all of his or her wages or other allowable entitlements into a superannuation fund of the Employee's choosing provided that: The arrangement complies with relevant legislation and Company policy as amended from time to time; ii. The Employee notifies the Company of his or her election to salary sacrifice in writing prior to the wages and/or allowable entitlements being earned or accrued by the Employee; AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 18
iii. The superannuation fund is a complying superannuation fund; The amount to be
paid into the superannuation fund plus any balance of wages and/or allowable
entitlements is equivalent to what the Employee would have been entitled to as
wages and/or allowable entitlements under this Agreement.
19. LONG SERVICE LEAVE
19.1 An Employee will be entitled to Long Service Leave in accordance with applicable NSW State
legislation. Where an Employee is eligible, the Employer will register an Employee with the
Building and Construction Industry Long Service Payments Corporation within 14 days of
commencement of his/her employment.
20. REDUNDANCY /SEVERANCE
20.1 The Employer will:
a) The employer shall participate in a Redundancy Protection Scheme and shall make relevant
contributions on behalf of all employees to provide for the payment of redundancy benefits
to employees.
b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by
an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986
(ATO Approved Fund) that is administered and/or managed by Redundancy Payment
Central Fund Ltd (lncolink).
c) The particular Redundancy Protection Scheme to be provided shall be agreed between the
majority of employees and the employer. Any ATO Approved Fund that is administered
and/or managed by lncolink shall be taken as agreed to by the majority of employees and
the employer for the purpose of this clause.
d) For the purpose of clause (c) once lncolink has notified the employer of the relevant ATO
Approved Fund (lncolink Responsible Fund) the employer will enrol to become a member
and will enrol all the employees of the employer within the scope of this Agreement in the
lncolink Responsible Fund in accordance with the constituting documents of the lncolink
Responsible Fund. The employer must abide by and pay contributions to that lncolink
Responsible Fund on behalf of each employee in accordance with the constituting
documents of the lncolink Responsible Fund. The employees enrolled shall be entitled to
redundancy benefits in accordance with the terms of the lncolink Responsible Fund's trust
deed.
e) Where the employer is already a member of an ATO Approved Fund which lncolink is trustee
(Appropriate lncolink Fund), the employer shall enrol all the employees of the employer
within the scope of this Agreement in the Appropriate lncolink Fund in accordance with the
constituting documents of the Appropriate lncolink Fund. The employer must abide by and
pay contributions to that Appropriate lncolink Fund on behalf of each employee in
accordance with the constituting documents of the Appropriate lncolink Fund. The
employees enrolled shall be entitled to redundancy benefits in accordance with the terms of
the Appropriate lncolink Fund's trust deed.
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iii. The superannuation fund is a complying superannuation fund; The amount to be paid into the superannuation fund plus any balance of wages and/or allowable entitlements is equivalent to what the Employee would have been entitled to as wages and/or allowable entitlements under this Agreement. 19. LONG SERVICE LEAVE 19.1 An Employee will be entitled to Long Service Leave in accordance with applicable NSW State legislation. Where an Employee is eligible, the Employer will register an Employee with the Building and Construction Industry Long Service Payments Corporation within 14 days of commencement of his/her employment. 20. REDUNDANCY/SEVERANCE 20.1 The Employer will: a) The employer shall participate in a Redundancy Protection Scheme and shall make relevant contributions on behalf of all employees to provide for the payment of redundancy benefits to employees. b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). c) The particular Redundancy Protection Scheme to be provided shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. e) Where the employer is already a member of an ATO Approved Fund which Incolink is trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 19
f) If lncolink nominates any other ATO Approved Fund the employer shall pay contributions to
that fund on behalf of each employee in accordance with the constituting documents of that
other ATO Approved Fund.
g) In all cases the redundancy payments which the employer is liable to pay are whichever are
the greater of the entitlement of the employee as per Clause 20.9 and the entitlement of the
employee under relevantly the lncolink Responsible Fund or the Appropriate lncolink Fund
trust deed (or under the constituting documents of any other ATO Approved Fund
nominated by lncolink pursuant to its trust deed).
h) References in this Clause to relevantly the lncolink Responsible Fund or the Appropriate
lncolink Fund include a reference to another fund for comparable purposes nominated by
lncolink for the purposes of this Agreement as a fund which meets the requirements of
relevantly an lncolink Responsible Fund or an appropriate lncolink Fund.
20.2 The amount of the contribution by the Employer per Employee working in building and
construction will be as per the table below:
From 1st March 2020 $131.00
From 1st March 2021 $131.00
From 1st March 2022 $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 23 will also be as per the above
table per week.
20.3 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 accrue 13 RDO's per year in lieu
of 26 RDO's will be:
From pt March 2020 $218.50
From 1 st Oct 2020 $222.00
From 1st March 2021 $225.50
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 23.
20.4 For the purpose of meeting its obligations under this clause the Employer will make the
contributions set out in clause 20.2 and 20.3 above on a monthly basis in respect of each
Employee covered by this Agreement to the Scheme.
20.5 Contributions paid by the Employer under this clause will be paid in accordance with the
requirements of the Scheme's trust deed.
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f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per Clause 20.9 and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). h) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which meets the requirements of relevantly an Incolink Responsible Fund or an appropriate Incolink Fund. 20.2 The amount of the contribution by the Employer per Employee working in building and construction will be as per the table below: From 1st March 2020 $131.00 From 1st March 2021 $131.00 From 1st March 2022 $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 23 will also be as per the above table per week. 20.3 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 accrue 13 RDO's per year in lieu of 26 RDO's will be: From 1st March 2020 $218.50 From 1st Oct 2020 $222.00 From 1st March 2021 $225.50 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 23. 20.4 For the purpose of meeting its obligations under this clause the Employer will make the contributions set out in clause 20.2 and 20.3 above on a monthly basis in respect of each Employee covered by this Agreement to the Scheme. 20.5 Contributions paid by the Employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 20
20.6 Upon termination the Employee will, depending on the Scheme's trust deed, be paid directly
by the Scheme.
20. 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 1March 2021 1March 1 March
2020 .. 2022 2023
pt & 2nd Year Apprentices $1.50 $1.50 $1.50 $1.50
3rd & 4th Year Apprentices $17.16 $17.16 $17.70 $18.40
20.8 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.
20.9 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 his/her
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
Redundancy/Severance Pay
Employer
Less than 1 year Nil
2.4 weeks' pay plus, for all service in
1 year or more but less than 2 years
excess of 1 yearl.75 hours pay per
completed week of service up to a
Maximum of 4.8 weeks' pay.
4.8 weeks' pay plus, for all service in
2 years or more but less than 3 years
excess of 2 years, 1.6 hours pay per
completed week of service up to a
Maximum of 7 weeks' pay.
7 weeks' pay plus, for all service in
3 years or more but less than 4 years
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
(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 20.9 will be set off
against the liability of the Employer under clause 20.2, and the Employee will receive
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20.6 Upon termination the Employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. 20.7 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 1 March 2021 1 March 1 March 2020 2022 2023 1st & 2nd Year Apprentices $1.50 $1.50 $1.50 $1.50 3rd & 4th Year Apprentices $17.16 $17.16 $17.70 $18.40 20.8 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. 20.9 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 his/her 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 2.4 weeks' pay plus, for all service in 1 year or more but less than 2 years excess of 1 year1.75 hours pay per completed week of service up to a Maximum of 4.8 weeks' pay. 4.8 weeks' pay plus, for all service in 2 years or more but less than 3 years excess of 2 years, 1.6 hours pay per completed week of service up to a Maximum of 7 weeks' pay. 7 weeks' pay plus, for all service in 3 years or more but less than 4 years 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 (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 20.9 will be set off against the liability of the Employer under clause 20.2, and the Employee will receive AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 21
the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per
clause 20.9), 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 ofthe Employee.
20.10 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.
20.11 EMPLOYEE LEAVING DURING NOTICE PERIOD
(a) An Employee whose employment is to be terminated in accordance with this clause
may terminate his/her employment during the period of notice and if this occurs, will
be entitled to the provisions of clause 20.9 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.
21. RETRENCHMENT SELECTION CRITERIA
21.1 To meet the needs of restructuring principles, the criteria for selection must take into
consideration 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 safety procedures;
(f) Seniority;
(g) Reliability; and
(h) Performance and discipline records kept for each Employee.
22. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE
22.1 The Company recognises the importance of providing income security for Employees
and their families.
22.2 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.
22.3 The policy taken out in accordance with clause 22.2 must not have a waiting period of more
than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered.
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the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per clause 20.9), 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. 20.10 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. 20.11 EMPLOYEE LEAVING DURING NOTICE PERIOD (a) An Employee whose employment is to be terminated in accordance with this clause may terminate his/her employment during the period of notice and if this occurs, will be entitled to the provisions of clause 20.9 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. 21. RETRENCHMENT SELECTION CRITERIA 21.1 To meet the needs of restructuring principles, the criteria for selection must take into consideration 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 safety procedures; (t) Seniority; (g) Reliability; and (h) Performance and discipline records kept for each Employee. 22. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE 22.1 The Company recognises the importance of providing income security for Employees and their families. 22.2 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. 22.3 The policy taken out in accordance with clause 22.2 must not have a waiting period of more than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 22
22.4 The agreed premium/ rate per Employee will be a maximum of $15 per week.
23. 36 Hour Week and Rostered Days Off
23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be
36 per week worked in accordance with the following provisions for a 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;
23.2 Rostered Days Off 2021-2024
a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to Friday
inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of
those days accruing toward the tenth day and can be taken as a paid day off. The tenth day
shall be known as the Rostered Day Off or 'RDO'.
b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 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 23.6, RDOs not attached to a Designated Long Weekend are paid at the
ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs
payment shall include any applicable allowances as prescribed by this Agreement.
e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months continuous
service.
f) Each day of paid leave taken and any public holiday occurring during any cycle of two weeks
will be a day worked for accrual purposes.
g) Upon commencement of employment, Employees who have not worked a complete ten
day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of
RDOs falling after their commencement of employment. Thereafter, for the duration of
employment with that employer, RDOs will be paid in full as they occur.
23.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave
a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this
Agreement) is in Appendix 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 2021, 2022, 2023 and 2024.
b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall
cease by 3.30pm.
23.4 Work on Scheduled RDOs and Designated Long Weekends for projects other than
Identified Projects
a) The Company and its Employees may agree, where there is a need for genuine operational
reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the
Company first consults with and agrees about the need to carry out work with the majority
of the Employees. As far as practical given operational requirements, the Company will give
employees at least 7 days' written notice of any such need for work to occur so as to ensure
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22.4 The agreed premium / rate per Employee will be a maximum of $15 per week. 23. 36 Hour Week and Rostered Days Off 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 36 per week worked in accordance with the following provisions for a 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; 23.2 Rostered Days Off 2021-2024 a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to Friday inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of those days accruing toward the tenth day and can be taken as a paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO'. b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 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 23.6, RDOs not attached to a Designated Long Weekend are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs payment shall include 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. 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. Upon commencement of employment, Employees who have not worked a complete ten day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur. 23.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this Agreement) is in Appendix 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 2021, 2022, 2023 and 2024. b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall cease by 3.30pm. 23.4 Work on Scheduled RDOs and Designated Long Weekends for projects other than Identified Projects a) The Company and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the Company first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Company will give employees at least 7 days' written notice of any such need for work to occur so as to ensure AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 23
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 23.5 a) 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 re
scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in conjunction with
annual leave, or as otherwise agreed by the Employee and the Company, such agreement
not to be unreasonably withheld.
23.5 Five Day Week Projects
This applies to Employees working on projects that are structured over a 5-day, Monday to
Friday working week. If the project is varied to a standard working week (Monday to Sunday)
23.5.1 Hours of Work
The provisions of Clause 23.1 of the Agreement apply.
23.5.2 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
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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 23.5 a) 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 re- scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in conjunction with annual leave, or as otherwise agreed by the Employee and the Company, such agreement not to be unreasonably withheld. 23.5 Five Day Week Projects This applies to Employees working on projects that are structured over a 5-day, Monday to Friday working week. If the project is varied to a standard working week (Monday to Sunday) 23.5.1 Hours of Work The provisions of Clause 23.1 of the Agreement apply. 23.5.2 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 24
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 SO-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.
23.5.3 Rostered Days Off
The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the following
exceptions:
a) Projects will be fully operational on all scheduled RDOs days not attached to a Designated Long
Weekend (which include the Easter and Christmas shutdown periods).
b) If an Employee works on a scheduled RDO, they will take the accrued RDO as a substitute day
within 7 days (i.e. on any day over the 7 day period) from the Scheduled RDO falling in the RDO
calendar (Refer Appendix E).
23.54 Weekend Work
a) Weekend work will be limited to where there is a need for genuine operational reasons to
undertake specific works on weekends which may be high risk in nature or have an effect on
existing facilities or areas outside the project. High risk works, or works having effect as
outlined above would include, but not be limited to the following:
b) Before the Company commences consultation regarding the requirement for Weekend
Work, the Company must have approval from 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.
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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. 23.5.3 Rostered Days Off The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the following exceptions: a) Projects will be fully operational on all scheduled RDOs days not attached to a Designated Long Weekend (which include the Easter and Christmas shutdown periods). b) If an Employee works on a scheduled RDO, they will take the accrued RDO as a substitute day within 7 days (i.e. on any day over the 7 day period) from the Scheduled RDO falling in the RDO calendar (Refer Appendix E). 23.54 Weekend Work a) Weekend work will be limited to where there is a need for genuine operational reasons to undertake specific works on weekends which may be high risk in nature or have an effect on existing facilities or areas outside the project. High risk works, or works having effect as outlined above would include, but not be limited to the following: b) Before the Company commences consultation regarding the requirement for Weekend Work, the Company must have approval from 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 25
d) If 7 days written notice is not provided by the Employer, then the affected Employees, shall
be paid double time and a half of the ordinary rate of pay. This will not apply for events
outside the control of the Employer, where emergency work is required to be undertaken.
e) Where work is required to be conducted over two (2) consecutive weekends and an RDO is
not taken over this period, Employees who work on consecutive weekends will take the RDO
foregone at an alternative day falling within six (6) weeks of the originally scheduled day,
provided the re-scheduled RDO is to be taken on a day (or days) adjacent to a Saturday or Sunday
or RDO, in conjunction with annual leave, or as otherwise agreed by the Employee and the
Company. Such agreement will not be unreasonably withheld.
23.6 Banking of RDOs
a) Where the Employer and Employee agree up to six days RDOs in a twelve month period
may be accrued for the purpose of creating a bank to be drawn upon by the Employee at
times mutually agreed. Details of such banked RDOs shall be entered on to each
Employee's employment records. These RDOs may be taken as a group of consecutive
days or any other combination subject to reasonably notice by an Employee.
24. HOURS OF WORK
24.1 Except as provided elsewhere in this Agreement, the average ordinary working hours will be
worked in a 10 day, two-week cycle, Monday to Friday inclusive, with nine working days of
eight hours each between the hours of 7.00 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 9 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 23.1.
24.2 An Employee is not entitled to accrue the time provided for in clause 23 whilst on an RDO.
24.3 For the avoidance of any doubt, all employees will accrue .8 of an hour towards an RDO when
work or on paid leave excluding when on an RDO.
24.4 Start and Finish Times
(a) The normal working day shall commence at 7:00am. By Agreement between the Employer
and Employees, the working day may 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. The rates in appendix 1
compensate for the early start at 6:00am.
(b) Employees will be entitled to take five minutes immediately before lunch and before
finishing time to enable them to wash and put away gear. The washing time breaks will be
counted as time worked.
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d) If 7 days written notice is not provided by the Employer, then the affected Employees, shall be paid double time and a half of the ordinary rate of pay. This will not apply for events outside the control of the Employer, where emergency work is required to be undertaken. e) Where work is required to be conducted over two (2) consecutive weekends and an RDO is not taken over this period, Employees who work on consecutive weekends will take the RDO foregone at an alternative day falling within six (6) weeks of the originally scheduled day, provided the re-scheduled RDO is to be taken on a day (or days) adjacent to a Saturday or Sunday or RDO, in conjunction with annual leave, or as otherwise agreed by the Employee and the Company. Such agreement will not be unreasonably withheld. 23.6 Banking of RDOs a) Where the Employer and Employee agree up to six days RDOs in a twelve month period may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs shall be entered on to each Employee's employment records. These RDOs may be taken as a group of consecutive days or any other combination subject to reasonably notice by an Employee. 24. HOURS OF WORK 24.1 Except as provided elsewhere in this Agreement, the average ordinary working hours will be worked in a 10 day, two-week cycle, Monday to Friday inclusive, with nine working days of eight hours each between the hours of 7.00 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 9 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 23.1. 24.2 An Employee is not entitled to accrue the time provided for in clause 23 whilst on an RDO. 24.3 For the avoidance of any doubt, all employees will accrue .8 of an hour towards an RDO when work or on paid leave excluding when on an RDO. 24.4 Start and Finish Times (a) The normal working day shall commence at 7:00am. By Agreement between the Employer and Employees, the working day may 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. The rates in appendix 1 compensate for the early start at 6:00am. (b) Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 26
(c) The Employee is entitled to take daily Work Breaks as defined in clause 25.
(d) The Employee shall finish work on a normal working day at 3:30pm if the Work Breaks
prescribed in clause 25 are taken.
25. WORK BREAKS
25.1 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.
25.2 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.
25.3 VARIATION OF MEAL BREAKS
I. 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.
25.4 OVERTIME REST BREAKS
(a) When an Employee is required to work ten 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 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.
26. 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.
27. OVERTIME
27.1 OVERTIME-DURING WEEKDAYS
(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
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(c) The Employee is entitled to take daily Work Breaks as defined in clause 25. (d) The Employee shall finish work on a normal working day at 3:30pm if the Work Breaks prescribed in clause 25 are taken. 25. WORK BREAKS 25.1 DAILY REST BREAKS There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am. and 11:00 am. By Agreement this Daily Rest Break may not be taken and a reasonable adjustment will be made to the finishing time. 25.2 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. 25.3 VARIATION OF MEAL BREAKS 1. 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. 25.4 OVERTIME REST BREAKS (a) When an Employee is required to work ten 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 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. 26. 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. 27. OVERTIME 27.1 OVERTIME-DURING WEEKDAYS (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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 27
rate of time plus one 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.
(b) From pt March 2023 all time worked beyond the ordinary hours as prescribed in Clause
25, inclusive oftime worked for accrual purposes as prescribed in Clause 24, will be paid
for at double the hourly rate (i.e. 200% the normal time rate) prescribed in Appendix A.
27.2 CALL-BACK
(a) An Employee recalled to work overtime after leaving the Employer's business premises
(whether notified before or after leaving the premises) will be paid for a minimum of
four 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 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-hour break after ordinary ceasing time and the actual
time worked on the call out does not exceed three 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.
27.3 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.
27.4 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.
27.5 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
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rate of time plus one 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. (b) From 1st March 2023 all time worked beyond the ordinary hours as prescribed in Clause 25, inclusive of time worked for accrual purposes as prescribed in Clause 24, will be paid for at double the hourly rate (i.e. 200% the normal time rate) prescribed in Appendix A. 27.2 CALL-BACK (a) An Employee recalled to work overtime after leaving the Employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four 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 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-hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three 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. 27.3 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. 27.4 TRANSPORT AFTER OVERTIME OR HOLIDAY WORK When an Employee, after having worked overtime for which the Employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the Employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 27.5 BREAKS BETWEEN WORKING DAYS 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 28
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.
28. WEEKEND WORK
28.1 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).
28.2 An Employee required to work on a Saturday or Sunday will be afforded at least three hours'
work on a Saturday or four hours' work on a Sunday or will be paid for three hours on a
Saturday or four hours on a Sunday at the appropriate rate.
28.3 An Employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of
ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though
worked.
28.4 An Employee working on a Saturday or Sunday will be allowed a paid meal break of 20
minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not
prevent any arrangements being made for the taking of a 30 minute meal period, the time in
addition to the paid 20 minutes being without pay. In the event of an Employee being
required to work in excess of a further four hours, the employee will be allowed to take a paid
rest break of 30 minutes which will be paid at the ordinary rate of pay.
29. NIGHT SHIFT
29.1 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.
29.2 No Employee who is employed during the ordinary hours will be employed on night shift
except on overtime rates or vice-versa.
29.3 Reasonable time will be allowed for a meal or meals during such shift.
29.4 In such cases where night shifts are worked and employment continues for more than one
week, Employees will work five shifts per week of eight hours. Employees on shift work will
accrue 0.8 of one hour for each eight-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 day will be paid for at the
appropriate shift rate as prescribed by this clause and the appropriate allowance under clause
11.
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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. . WEEKEND WORK 28.1 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). 28.2 An Employee required to work on a Saturday or Sunday will be afforded at least three hours' work on a Saturday or four hours' work on a Sunday or will be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate. 28.3 An Employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 28.4 An Employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an Employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay. 29. NIGHT SHIFT 29.1 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. 29.2 No Employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 29.3 Reasonable time will be allowed for a meal or meals during such shift. 29.4 In such cases where night shifts are worked and employment continues for more than one week, Employees will work five shifts per week of eight hours. Employees on shift work will accrue 0.8 of one hour for each eight-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 day will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 11. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 29
29.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 30,
will be regarded as shifts worked for accrual purposes.
29.6 Any unused accrued entitlement under this clause will be paid on termination of employment.
29.7 The Employer and Employee will agree in writing upon arrangements for rostered paid days
off (RDO's) during the 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 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 10 shift
cycle.
29.8 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
29.9
29.9 An Employee employed for less than five 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 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.
29.10 The rate of pay for night shift will be 150% of the respective wage rate.
29.11 The starting and finishing hours for night shift work will be agreed upon mutually between the
Employer and a majority of affected Employees. The provisions relating to clause 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.
30. HOLIDAYS AND SUNDAY WORK
30.1 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 Saturday Christmas Day
Easter Monday Boxing Day
or such other day as is generally observed in a locality as a substitute for these days.
30.2 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.
30.3 By Agreement between any Employer and his/her Employees other days may be substituted
for the said days or any of them as to such Employer's undertaking.
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29.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 30, will be regarded as shifts worked for accrual purposes. 29.6 Any unused accrued entitlement under this clause will be paid on termination of employment. 29.7 The Employer and Employee will agree in writing upon arrangements for rostered paid days off (RDO's) during the 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 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 10 shift cycle. 29.8 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 29.9 29.9 An Employee employed for less than five 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 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. 29.10 The rate of pay for night shift will be 150% of the respective wage rate. 29.11 The starting and finishing hours for night shift work will be agreed upon mutually between the Employer and a majority of affected Employees. The provisions relating to clause 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. 30. HOLIDAYS AND SUNDAY WORK 30.1 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 Saturday Christmas Day Easter Monday Boxing Day or such other day as is generally observed in a locality as a substitute for these days. 30.2 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. 30.3 By Agreement between any Employer and his/her Employees other days may be substituted for the said days or any of them as to such Employer's undertaking. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 30
30.4 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 .DO a.m. and 5.00 p.m.
30.5 When work is performed on any of the public holidays specified in 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 he/she
is released from duty.
30.6 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 he/she has had 10 consecutive hours off duty without deduction of pay for
ordinary time off duty occurring during such absence.
30.7 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 30.1 which falls within 10 consecutive calendar days after the day of
termination.
30.8 Where any two or more of the holidays prescribed in this Agreement occur within a 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.
31. FAMILY PICNIC DAY
31.1 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 paid at the rate of double time paid for not less than four hours work.
Proof of attendance at the Picnic Day may be requested by the employer to entitle the
employee for payment for the Family Picnic Day.
32. PERSONAL/CARER'S LEAVE AND COMPASSIONATE LEAVE
32.1 Entitlement to personal leave under this Agreement shall be in accordance with the National
Employment Standards.
33. ANNUAL LEAVE
33.1 The provision of annual leave under the Agreement shall be in accordance with the National
Employment Standards.
33.2 In addition, the Employee will receive a loading of 17.5% calculated on the rates, prescribed
by Appendix 1.
33.3 The loading prescribed in clause 33.2 will be paid out on any unused annual leave on
termination of employment by either party.
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30.4 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. 30.5 When work is performed on any of the public holidays specified in 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 he/she is released from duty. 30.6 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 he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time off duty occurring during such absence. 30.7 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 30.1 which falls within 10 consecutive calendar days after the day of termination. 30.8 Where any two or more of the holidays prescribed in this Agreement occur within a 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. 31. FAMILY PICNIC DAY 31.1 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 paid at the rate of double time paid for not less than four hours work. Proof of attendance at the Picnic Day may be requested by the employer to entitle the employee for payment for the Family Picnic Day. 32. PERSONAL/CARER'S LEAVE AND COMPASSIONATE LEAVE 32.1 Entitlement to personal leave under this Agreement shall be in accordance with the National Employment Standards. 33. ANNUAL LEAVE 33.1 The provision of annual leave under the Agreement shall be in accordance with the National Employment Standards. 33.2 In addition, the Employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix 1. 33.3 The loading prescribed in clause 33.2 will be paid out on any unused annual leave on termination of employment by either party. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 31
34. PARENTALLEAVE
34.1 The provision of parental leave under the Agreement shall be in accordance with the National
Employment Standards.
35. TERMINATION OF EMPLOYMENT
35.1 NOTICE OF TERMINATION
(a) In order to terminate the employment of an Employee 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 35.l(a), Employees over 45 years of age at the time of
the giving of the notice with not less than two years' service are entitled to an
additional week's notice.
(c) Payment in lieu of the notice prescribed in clauses 35.l(a) and clause 35.l(b) must be
made if the appropriate notice period is not given. Provided that employment may 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 he/she 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.
35.2 NOTICE OF TERMINATION BY THE EMPLOYEE
(a) The notice of termination required to be given by an Employee must be one week's
notice or payment in lieu of the notice if the notice period is not given. 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.
35.3 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
his/her employment and the classification of or the type of work performed by the
Employee.
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34. PARENTAL LEAVE 34.1 The provision of parental leave under the Agreement shall be in accordance with the National Employment Standards. 35. TERMINATION OF EMPLOYMENT 35.1 NOTICE OF TERMINATION (a) In order to terminate the employment of an Employee 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 35.1(a), Employees over 45 years of age at the time of the giving of the notice with not less than two years' service are entitled to an additional week's notice. (c) Payment in lieu of the notice prescribed in clauses 35.1(a) and clause 35.1(b) must be made if the appropriate notice period is not given. Provided that employment may 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 he/she 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. 35.2 NOTICE OF TERMINATION BY THE EMPLOYEE ) The notice of termination required to be given by an Employee must be one week's notice or payment in lieu of the notice if the notice period is not given. 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. 35.3 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 his/her employment and the classification of or the type of work performed by the Employee. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 32
35.4 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.
36. APPRENTICES
36.1 Apprentices will be paid all wages, conditions and allowances including site allowance under
this Agreement for time spent attending college/school in the course of their apprenticeship.
36.2 Time spent attending college/school will count as time served for all purposes.
36.3 All Sprinkler Pipe Fitter apprentices employed by the Employer will be registered with the
appropriate NSW training authority.
36.4 The Sprinkler Fitting/ Fire Protection course to be undertaken by the Apprentice will be
mutually agreed between the Apprentice and the Employer.
36.5 For the purpose of this clause training Agreement will be taken to include contract of training
and indenture.
36.6 APPRENTICE TRAINING
(a) The apprentice will work towards achieving the qualification of a trade certificate in
Sprinkler Fitting/ Fire Protection or any subsequent equivalent certificate Ill 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 his/her
residence each day during the period of Block Release Training, return travel between
his/her 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.
36.7 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 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:-
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35.4 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. 36. APPRENTICES 36.1 Apprentices will be paid all wages, conditions and allowances including site allowance under this Agreement for time spent attending college/school in the course of their apprenticeship. 36.2 Time spent attending college/school will count as time served for all purposes. 36.3 All Sprinkler Pipe Fitter apprentices employed by the Employer will be registered with the appropriate NSW training authority. 36.4 The Sprinkler Fitting / Fire Protection course to be undertaken by the Apprentice will be mutually agreed between the Apprentice and the Employer. 36.5 For the purpose of this clause training Agreement will be taken to include contract of training and indenture. 36.6 APPRENTICE TRAINING (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 his/her residence each day during the period of Block Release Training, return travel between his/her 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. 36.7 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 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 :- AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 33
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 years; and
vi. A provision that specifies that the Sprinkler Fitting/ Fire Protection 1st Class
Apprenticeship course taught at Fire Industry Training College or any agreed
subsequent course or National Training Package that supersedes these courses and
which leads to a AQF certificate Ill 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.
36.9 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:
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 his/her
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 his/her training
Agreement at the date he/she was with his/her immediate former Employer.
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The names of the parties; il. 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 years; and vi. A provision that specifies that the Sprinkler Fitting / Fire Protection 1st Class Apprenticeship course taught at Fire Industry Training 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. 36.9 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: 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 his/her 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 his/her training Agreement at the date he/she was with his/her immediate former Employer. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 34
36.10 Any training Agreement inconsistent with the provisions of clause 36 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 36.10 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 36.9.
36.11 PERIOD OF APPRENTICESHIP
(a) Except as provided in clause 36.17, all apprentices under this Agreement will be
apprenticed for a period of four years.
36.12 PROBATIONARY PERIOD
(a) A minor may serve a probationary period of three months and if apprenticed such three
months will count as part of his/her period of apprenticeship. This sub-clause will not
apply where there is a statutory apprenticeship authority having power to determine
probationary period.
36.13 WAGES APPRENTICES
(a) The Hourly Rate for apprentices are shown in Appendix A.
36.14 HOURS
(a) The ordinary hours of employment of apprentices will not exceed those of a Sprinkler
Fitter/ Fire Protection Worker.
36.15 OVERTIME & SHIFT WORK
(a) No apprentice under the age of eighteen years will be required to work overtime or
shift work unless he/she so desires. No apprentice will, except in an emergency, work or
be required to work overtime or shift work at times which would prevent his/her
attendance at technical school as required by any statute, award or regulation
applicable to him/her.
36.16 PAYMENT OF RESULTS
(a) An apprentice will not work under any system of payment by results.
36.17 LOST TIME
(a) The apprentice will for every day of absence from his/her 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 his/her 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 his/her
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
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36.10 Any training Agreement inconsistent with the provisions of clause 36 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 36.10 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 36.9. 36.11 PERIOD OF APPRENTICESHIP (a) Except as provided in clause 36.17, all apprentices under this Agreement will be apprenticed for a period of four years. 36.12 PROBATIONARY PERIOD (a) A minor may serve a probationary period of three months and if apprenticed such three months will count as part of his/her period of apprenticeship. This sub-clause will not apply where there is a statutory apprenticeship authority having power to determine probationary period. 36.13 WAGES APPRENTICES (a) The Hourly Rate for apprentices are shown in Appendix A. 36.14 HOURS (a) The ordinary hours of employment of apprentices will not exceed those of a Sprinkler Fitter / Fire Protection Worker. 36.15 OVERTIME & SHIFT WORK (a) No apprentice under the age of eighteen years will be required to work overtime or shift work unless he/she so desires. No apprentice will, except in an emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at technical school as required by any statute, award or regulation applicable to him/her. 36.16 PAYMENT OF RESULTS (a) An apprentice will not work under any system of payment by results. 36.17 LOST TIME (a) The apprentice will for every day of absence from his/her 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 his/her 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 his/her 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 35
be credited with time which he/she has worked during the relevant years in excess of
his/her ordinary hours of service.
(b) Clause 36.17 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.
36.18 PROHIBITION OF PREMIUMS
(a) 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.
36.19 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 36.19 will not apply where there is a statute Federal or State providing for the
non-payment of technical college fees by apprentices.
36.20 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
thereof 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
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.
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be credited with time which he/she has worked during the relevant years in excess of his/her ordinary hours of service. (b) Clause 36.17 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. 36.18 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. 36.19 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 36.19 will not apply where there is a statute Federal or State providing for the non-payment of technical college fees by apprentices. 36.20 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 thereof 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 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 36
36.21 ADULT APPRENTICES
(a) DEFINITION
i. 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
i. The provisions of this Agreement will apply to adult apprentices unless specifically
provided otherwise by clause 36.21.
(c) TRAINING CREDITS
i. 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 by virtue of becoming indentured.
II. For the purposes only of fixing a rate of pay, the adult apprentice will continue to
receive the rate of pay (inclusive of all-purpose allowances) that is, from time to
time, applicable to the classification or class of work in which the adult apprentice
was engaged immediately prior to entering into the training agreement specified in
Clause 15.1 of the Plumbing and Fire Sprinklers Award.
Ill. Subject to Clauses 36.21(d)i and 36.21(d)ii the rate of pay of an adult apprentice will
be not less than:
a. The Federal Minimum Wage plus the full rate of Clause 21.l(b) (Industry Allowance)
of the Plumbing and Fire Sprinklers Award, or
b. The Adult Apprentice rates provided for in this Agreement;
Whichever is the Greater.
37. STRUCTURED VOCATIONAL TRAINING
37 .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
37.2 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:-
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36.21 ADULT APPRENTICES (a) DEFINITION i. 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. )APPLICATION OF GENERAL CONDITIONS OF APPRENTICESHIP i. The provisions of this Agreement will apply to adult apprentices unless specifically provided otherwise by clause 36.21. (c) TRAINING CREDITS i. 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 by virtue of becoming indentured. Il. For the purposes only of fixing a rate of pay, the adult apprentice will continue to receive the rate of pay (inclusive of all-purpose allowances) that is, from time to time, applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the training agreement specified in Clause 15.1 of the Plumbing and Fire Sprinklers Award. III. Subject to Clauses 36.21(d)i and 36.21(d)ii the rate of pay of an adult apprentice will be not less than: a. The Federal Minimum Wage plus the full rate of Clause 21.1(b) (Industry Allowance) of the Plumbing and Fire Sprinklers Award, or b. The Adult Apprentice rates provided for in this Agreement; Whichever is the Greater. 37. STRUCTURED VOCATIONAL TRAINING 37.1 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 37.2 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 :- AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 37
(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.
37.3 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 1 March 2020 - $30.00 per week per Employee covered by this Agreement.
(b) From 1 March 2021- $30.00 per week per employee covered by this Agreement.
(c) From 1 March 2022 - $30.00 per week per employee covered by this Agreement.
(d) From 1 March 2023 - $30.00 per week per employee covered by this Agreement.
38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
38.1 This clause applies to all employees, including casuals.
38.2 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
38.2(a) includes a former spouse or de facto partner.
38.3 ENTITLEMENT TO UNPAID LEAVE
An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as
follows:
(a) the leave is available in full at the start of each 12 month period of the employee's
employment; and
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(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. 37.3 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 1 March 2020 - $30.00 per week per Employee covered by this Agreement. (b) From 1 March 2021 - $30.00 per week per employee covered by this Agreement. (c) From 1 March 2022 - $30.00 per week per employee covered by this Agreement. (d) From 1 March 2023 - $30.00 per week per employee covered by this Agreement. 38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 38.1 This clause applies to all employees, including casuals. 38.2 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 38.2(a) includes a former spouse or de facto partner. 38.3 ENTITLEMENT TO UNPAID LEAVE An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12 month period of the employee's employment; and AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 38
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note:
1. A period of leave to deal with family and domestic violence may be less than a day by
agreement between the employee and the employer.
2. The employer and employee may agree that the employee may take more than 5 days'
unpaid leave to deal with family and domestic violence.
38.4 TAKING UNPAID LEAVE
An employee may take unpaid leave to deal with family and domestic violence if the employee:
(a) is experiencing family and domestic violence; and
(b) needs to do something to deal with the impact of the family and domestic violence and it is
impractical for the employee to do that thing outside their ordinary hours of work.
Note: The reasons for which an employee may take leave include making arrangements for
their safety or the safety of a family member (including relocation), attending urgent court
hearings, or accessing police services.
38.5 SERVICE AND CONTINUITY
The time an employee is on unpaid leave to deal with family and domestic violence does not
count as service but does not break the employee's continuity of service.
38.6 NOTICE AND EVIDENCE REQUIREMENTS
(a) Notice
An employee must give their employer notice of the taking of leave by the employee under
clause 38. The notice:
(i) must be given to the employer as soon as practicable (which may be a time after the leave
has started); and
(ii) must advise the employer of the period, or expected period, of the leave.
(b) Evidence
An employee who has given their employer notice of the taking of leave under clause 38 must,
if required by the employer, give the employer evidence that would satisfy a reasonable
person that the leave is taken for the purpose specified in clause 38.4.
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(b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual employees. Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer. 2. The employer and employee may agree that the employee may take more than 5 days' unpaid leave to deal with family and domestic violence. 38.4 TAKING UNPAID LEAVE An employee may take unpaid leave to deal with family and domestic violence if the employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work. Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services. 38.5 SERVICE AND CONTINUITY The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee's continuity of service. 38.6 NOTICE AND EVIDENCE REQUIREMENTS (a) Notice An employee must give their employer notice of the taking of leave by the employee under clause 38. The notice: (i) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (ii) must advise the employer of the period, or expected period, of the leave. (b) Evidence An employee who has given their employer notice of the taking of leave under clause 38 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 38.4. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 39
38.7 NOTE:
Depending on the circumstances such evidence may include a document issued by the police
service, a court or a family violence support service, or a statutory declaration.
38.8 CONFIDENTIALITY
Employers must take steps to ensure information concerning any notice an employee has
given, or evidence an employee has provided under clause
38.6 is treated confidentially, as far as it is reasonably practicable to do so.
Nothing in clause 38 prevents an employer from disclosing information provided by an
employee if the disclosure is required by an Australian law or is necessary to protect the life,
health or safety of the employee or another person.
Note: Violence is sensitive and if mishandled can have adverse consequences for the
employee. Employers should consult with such employees regarding the handling of this
information.
Compliance
An employee is not entitled to take leave under clause 38 unless the employee complies with
clause 38.
39. PROTECTIVE CLOTHING
39.1 New Employees will receive the following Protective Clothing:
(b) Two long sleeve or short sleeve shirts;
(c) Two pairs of trousers or shorts or overalls;
(b) One pair of boots; and
(c) One jacket.
39.2 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.
40. CONSULTATIVE MECHANISMS
40.1 A Company Consultative Committee (CCC) will implement this Agreement where more than
15 Employees are covered by this Agreement.
40.2 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 months; and
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38.7 NOTE: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. 38.8 CONFIDENTIALITY Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 38.6 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in clause 38 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person. Note: Violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. Compliance An employee is not entitled to take leave under clause 38 unless the employee complies with clause 38. 39. PROTECTIVE CLOTHING 39.1 New Employees will receive the following Protective Clothing: (b) Two long sleeve or short sleeve shirts; (c) Two pairs of trousers or shorts or overalls; (b) One pair of boots; and (c) One jacket. 39.2 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. 40. CONSULTATIVE MECHANISMS 40.1 A Company Consultative Committee (CCC) will implement this Agreement where more than 15 Employees are covered by this Agreement. 40.2 The CCC will: 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 months; and AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 40
(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.
40.3 Meetings of the CCC may be convened at the request of either the management or the
Employee representatives
40.4 Where no CCC is established, appropriate consultative mechanisms will be established by
Agreement between the Employer and Employees representatives.
41. WORK HEALTH AND SAFETY
41.1 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.
42. INCLEMENT WEATHER
42.1 "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.
42.2 The Employer, or his/her 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.
42.3 Where there is safe access and useful work within the Employee's classification Employees
will continue work in a sheltered area.
42.4 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.
42.5 Planning, consultation and agreed training may be undertaken during periods of inclement
weather.
42.6 Any Employee will be entitled to payment by his/her 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 he/she
remains 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.
43. ANTI-DISCRIMINATION
43.1 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
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(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. 40.3 Meetings of the CCC may be convened at the request of either the management or the Employee representatives 40.4 Where no CCC is established, appropriate consultative mechanisms will be established by Agreement between the Employer and Employees representatives. 41. WORK HEALTH AND SAFETY 41.1 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. 42. INCLEMENT WEATHER 42.1 "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. 42.2 The Employer, or his/her 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. 42.3 Where there is safe access and useful work within the Employee's classification Employees will continue work in a sheltered area. 42.4 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. 42.5 Planning, consultation and agreed training may be undertaken during periods of inclement weather. 42.6 Any Employee will be entitled to payment by his/her 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 he/she remains 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. 43. ANTI-DISCRIMINATION 43.1 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 41
mental disability, marital status, family responsibilities, pregnancy, religion, political opinion,
national extraction or social origin.
43.2 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.
43.3 Nothing in clause 43 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).
44. JURY SERVICE MAKE-UP PAY AND COMMUNITY SERVICE LEAVE
44.1 JURY SERVICE
(a) An Employee required to attend for jury service will be entitled to have their pay made
up by the Employer to an amount equal to their ordinary pay for eight hours (inclusive
of accrued entitlements prescribed by clause 25) 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.
44.2 COMMUNITY SERVICE LEAVE
(a) Community Service Leave will be available to an Employee when they are absent due
to:
i. A VOLUNTARY EMERGENCY MANAGEMENT ACTIVITY
A. 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).
ii. 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.
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mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 43.2 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. 43.3 Nothing in clause 43 is to be taken to affect :- 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). 44. JURY SERVICE MAKE-UP PAY AND COMMUNITY SERVICE LEAVE 44.1 JURY SERVICE (a) An Employee required to attend for jury service will be entitled to have their pay made up by the Employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 25) 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. 44.2 COMMUNITY SERVICE LEAVE (a) Community Service Leave will be available to an Employee when they are absent due to: i. A VOLUNTARY EMERGENCY MANAGEMENT ACTIVITY A. 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). it. 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 42
45. DISPUTES RESOLUTION PROCEDURE
45.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of
disputes or grievances. Disputes over any work related or industrial matter or any matters
arising out of the operation of the Agreement or disputes concerning the National Employment
Standards or incidental to the operation of the Agreement should be dealt with as close to its
source as possible. Disputes over matters arising from this Agreement or disputes concerning
the National Employment Standards (or any other dispute related to the employment
relationship) shall be dealt with according to the following procedure.
45.2 In the event of any work related grievance arising between the Enterprise and an Employee or
Employees, the matter shall be dealt with in the following manner where at each step an
Employee may be represented including for the purposes of a formal determination procedure
by the Fair Work Commission:
(a) The matter shall be first submitted by the Employee/s or his/her Employee representative
or other representative to the site foreperson, supervisor or the other appropriate site
representative of the Enterprise, and if not settled, to a more senior Enterprise
representative.
(b) Alternatively, the Enterprise may submit an issue to the Employee/s who may seek the
assistance and involvement of the Employee representative or other representative.
(c) Work shall continue without interruption from industrial stoppages, bans and/or
limitations while these procedures are being followed. The pre-dispute status qua shall
prevail while the matter is being dealt with in accordance with this procedure.
(d) If still not resolved, there may be discussions between the relevant Employee
Representative official (if requested by the Employee/s), or other representative of the
Employee, and senior Enterprise representative.
45.5 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.
45.6 CONCILIATION
(a) The person(s) who raised the dispute, or his or her expressly nominated representative
(organisation or agent), may refer the dispute to the FWC for private conciliation.
(b) Before the process commences the FWC may confer with the parties informally about
matters of procedure, such as:
i. the presentation of each side's position (whether oral or in writing);
ii. confidentiality requirements;
iii. representation at the private conciliation;
iv. timing, location and duration of the conciliation;
v. whether a telephone conference is all that is needed in the first instance; and
vi. any further particulars about the FWC's role in relation to establishing procedures.
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45. DISPUTES RESOLUTION PROCEDURE 45.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or disputes concerning the National Employment Standards or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement or disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 45.2 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: The matter shall be first submitted by the Employee/s or his/her Employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Enterprise, and if not settled, to a more senior Enterprise representative. (b) Alternatively, the Enterprise may submit an issue to the Employee/s who may seek the assistance and involvement of the Employee representative or other representative. (c) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. (d) If still not resolved, there may be discussions between the relevant Employee Representative official (if requested by the Employee/s), or other representative of the Employee, and senior Enterprise representative. 45.5 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. 45.6 CONCILIATION (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the FWC for private conciliation. (b) Before the process commences the FWC may confer with the parties informally about matters of procedure, such as: i. the presentation of each side's position (whether oral or in writing); ii. confidentiality requirements; iii. representation at the private conciliation; iv. timing, location and duration of the conciliation; V. whether a telephone conference is all that is needed in the first instance; and vi. any further particulars about the FWC's role in relation to establishing procedures. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 43
(c) Subject to the preceding clause, it is agreed that the FWC will observe confidentiality
about all aspects of the dispute, and, consistent with its expected role to this point, may
do such things as:
i. help the parties identify and define the matters in dispute;
ii. help the parties to develop a procedure which is aimed at achieving resolution of
the dispute quickly, fairly and cost-effectively;
iii. where appropriate, suggest particular dispute resolution techniques for individual
issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively;
and
iv. act as the facilitator of direct negotiations between the parties.
(d) The parties further agree that during the conciliation, the FWC may, at its discretion,
discuss the matter(s) in dispute privately with any of the parties to the dispute or their
representatives. The FWC shall keep confidential the content of any such discussion, and
shall not expressly or impliedly convey the content of such discussion (or part thereof)
unless specifically authorised to do so.
(e) If the FWC is of the view that having completed the above process the matter(s) in dispute
remains unresolved, it may:
i. make suggestions for resolution of the dispute;
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.
45.7 FORMAL DETERMINATION
(a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination.
(b) The FWC, in making it's formal determination, will ensure that the formal determination
be consistent with the "Code for the Tendering and Performance of Building Work 2016".
(c) The parties agree to abide by the determination.
(d) An Employee/s may be represented for the purposes of a formal determination
procedure by the Fair Work Commission.
(e) Before making its determination the FWC will give the parties an opportunity to be heard
formally on the matter(s) in dispute. In making its determination the FWC will only have
regard to the materials, including witness evidence, and submissions put before it at the
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(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: help the parties identify and define the matters in dispute; 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. 45.7 FORMAL DETERMINATION (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. (b) The FWC, in making it's formal determination, will ensure that the formal determination be consistent with the "Code for the Tendering and Performance of Building Work 2016". (c) The parties agree to abide by the determination. (d) An Employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 44
hearing and will disregard any admissions, concessions, offers or claims made in
mediation.
(f) The FWC can make and issue directions in relation to the process leading to its
determination and the parties will abide by those directions.
(g) The FWC will provide the determination in writing to the parties as quickly as practicable
after hearing the parties. A determination of the disputed matter or matters will not
constitute an order by the FWC under the Fair Work Act 2009.
45.8 This procedure shall be followed in good faith without unreasonable delay.
45.9 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.
46. SERVICE WORK ONLY
46.1 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 his/her return thereto provided that: in
the case of the first call-back in the same day as for at least a period of one hour whether
occurring within two hours of the first call-back or not.
46.2 ON CALL
(a) Where an Employee is required to be on call outside the ordinary hours of work he/she
shall be readily contactable by telephone at all relevant times during such stand-by and
shall be entitled to:
i. Permanent or non-permanent $30 per day extra stand-by roster; and
ii. An Employee's telephone rental and business call costs to be paid by the Employer
unless the Employer provides company telephone.
46.3 CALL BACK AND REST PERIOD
(a) Overtime worked in the circumstances specified in 46.1 and 46.2 shall not be regarded
as overtime for the purposes of 27.5 where the actual time worked is less than four
hours on each recall.
46.4 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 hours without a break for a meal.
46.5 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.
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hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Act 2009. 45.8 This procedure shall be followed in good faith without unreasonable delay. 45.9 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. 46. SERVICE WORK ONLY 46.1 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 his/her return thereto provided that: in the case of the first call-back in the same day as for at least a period of one hour whether occurring within two hours of the first call-back or not. 46.2 ON CALL (a) Where an Employee is required to be on call outside the ordinary hours of work he/she shall be readily contactable by telephone at all relevant times during such stand-by and shall be entitled to: i. Permanent or non-permanent $30 per day extra stand-by roster; and ii. An Employee's telephone rental and business call costs to be paid by the Employer unless the Employer provides company telephone. 46.3 CALL BACK AND REST PERIOD (a) Overtime worked in the circumstances specified in 46.1 and 46.2 shall not be regarded as overtime for the purposes of 27.5 where the actual time worked is less than four hours on each recall. 46.4 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 hours without a break for a meal. 46.5 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 45
46.6 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 he/she shall be allowed an amount of $12.47 to meet the cost
of a meal, plus an additional $12.47 for each subsequent four hours worked. When
working overtime for two 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 allowed after each four hours of continuous
work.
46. 7 EMPLOYEES ENGAGED IN SERVICE, MINOR WORKS AND TESTING
Where an employee is engaged primarily in Service, Minor Works and Testing, the operational
requirements of the business and the nature of work, the notice of period of 7 days may be
reduced in clause 23.4 and 23.5 and Clauses 23.4(e) and 23.S(d) will not apply. This reduction
is for genuine operational requirements only.
47. WORKPLACE FLEXIBILITY
47.1 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:
the Agreement deals with 1 or more of the following matters:
(a) arrangements about when work is performed;
(b) overtime rates;
(c) penalty rates;
(d) allowances;
(e) leave loading; and
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
The arrangement is genuinely agreed to by the Employer and Employee.
47.2 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.
47.3 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:
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46.6 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 he/she shall be allowed an amount of $12.47 to meet the cost of a meal, plus an additional $12.47 for each subsequent four hours worked. When working overtime for two 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 allowed after each four hours of continuous work. 46.7 EMPLOYEES ENGAGED IN SERVICE, MINOR WORKS AND TESTING Where an employee is engaged primarily in Service, Minor Works and Testing, the operational requirements of the business and the nature of work, the notice of period of 7 days may be reduced in clause 23.4 and 23.5 and Clauses 23.4(e) and 23.5(d) will not apply. This reduction is for genuine operational requirements only. 47. WORKPLACE FLEXIBILITY 47.1 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: the Agreement deals with 1 or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and 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 The arrangement is genuinely agreed to by the Employer and Employee. 47.2 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. 47.3 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: AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 46
1) the terms of the enterprise Agreement that will be varied by the
arrangement; and
2) the terms of the enterprise Agreement that will be varied by the
arrangement; and
3) how the arrangement will vary the effect of the terms; and
4) 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
5) states the day on which the arrangement commences.
47.4 The Employer must give the Employee a copy of the individual flexibility arrangement within
14 days after it is agreed to.
47.5 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.
48. MODEL CONSULTATION CLAUSE
48.1 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
48.2 For a major change referred to in paragraph 48.l{a):
(a) the employer must notify the relevant employees of the decision to introduce the
major change; and
(b) subclauses 48.3 to 48.9 apply.
48.3 The relevant employees may appoint a representative for the purposes of the procedures in
this term.
48.4 If:
(a) relevant employee appoints, or relevant employees appoint, a representative for
the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
48.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
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1) the terms of the enterprise Agreement that will be varied by the arrangement; and 2) the terms of the enterprise Agreement that will be varied by the arrangement; and 3) how the arrangement will vary the effect of the terms; and 4) 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 5) states the day on which the arrangement commences. 47.4 The Employer must give the Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 47.5 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. 48. MODEL CONSULTATION CLAUSE 48.1 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 48.2 For a major change referred to in paragraph 48.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 48.3 to 48.9 apply. 48.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 48.4 If: (a) relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 48.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 47
(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.
48.6 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
48.7 The employer must give prompt and genuine consideration to matters raised about the
major change by the relevant employees.
48.8 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 48.2(a) and subclauses 48.3 and 48.5 are taken not to
apply.
48.9 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
(h) the restructuring of jobs.
Change to regular roster or ordinary hours of work
48.10 For a change referred to in paragraph 48.l(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses 48.11 to 48.15 apply.
48.11 The relevant employees may appoint a representative for the purposes of the procedures in
this term.
48.12 If:
(a)
(b)
a relevant employee appoints, or relevant employees appoint, a representative for
the purposes of consultation; and
the employee or employees advise the employer of the identity of the
representative;
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(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: 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. 48.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 48.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 48.8 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 48.2(a) and subclauses 48.3 and 48.5 are taken not to apply. 48.9 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 (h) the restructuring of jobs. Change to regular roster or ordinary hours of work 48.10 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 48.11 to 48.15 apply. 48.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 48.12 (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; AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 48
the employer must recognise the representative.
48.13 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).
48.14 However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
48.15 The employer must give prompt and genuine consideration to matters raised about the
change by the relevant employees.
48.16 In this term:
relevant employees means the employees who may be affected by a change referred to in subclause
48.1.
49. EMPLOYEE REPRESENTATION
Clauses 49.1, 49.2 and 49.3 of this agreement outline the rights for Employee Representatives and
Union Delegates when assisting employees. For clarity, each employee has the right to determine
whether they wish to be represented by a Union Delegate, Employee Representative, another
representative of their choosing or not at all.
49.1 Representation
49.1.1 The parties recognise the role the employees representative has in seeking to ensure
industrial harmony at the workplace. Further the parties recognise that the representative
is a first point of contact for an employee who has an employment related grievance or a
grievance, query or concern arising under the terms of the agreement.
49.1.2 A union delegate/employee representative shall, upon notification to the employer be
recognised as an accredited representative of the employees and, if an employee seeks
representation by the representative, that representative will be allowed all necessary
time during working hours to submit to the employer employment related matters
affecting the employees he/she represents. At all other times the union
delegate/employee representative will perform productive work within his/her range of
qualifications and competence. Further, the union delegate/employee representative shall
be allowed reasonable time during working hours to attend to such matters affecting the
employees including the right to attend appropriate meetings, FWC hearings and the like.
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the employer must recognise the representative. 48.13 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). 48.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 48.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 48.16 In this term: relevant employees means the employees who may be affected by a change referred to in subclause 48.1. 49. EMPLOYEE REPRESENTATION Clauses 49.1, 49.2 and 49.3 of this agreement outline the rights for Employee Representatives and Union Delegates when assisting employees. For clarity, each employee has the right to determine whether they wish to be represented by a Union Delegate, Employee Representative, another representative of their choosing or not at all. 49.1 Representation 49.1.1 The parties recognise the role the employees representative has in seeking to ensure industrial harmony at the workplace. Further the parties recognise that the representative is a first point of contact for an employee who has an employment related grievance or a grievance, query or concern arising under the terms of the agreement. 49.1.2 A union delegate/employee representative shall, upon notification to the employer be recognised as an accredited representative of the employees and, if an employee seeks representation by the representative, that representative will be allowed all necessary time during working hours to submit to the employer employment related matters affecting the employees he/she represents. At all other times the union delegate/employee representative will perform productive work within his/her range of qualifications and competence. Further, the union delegate/employee representative shall be allowed reasonable time during working hours to attend to such matters affecting the employees including the right to attend appropriate meetings, FWC hearings and the like. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 49
49.1.3 The parties recognise that union delegate/employee representatives may be involved in
assisting employees where requested pursuant to the dispute resolution procedure of this
agreement.
49.2 UNION DELEGATE RIGHTS
49.2.1 Where an employee has been elected as a Union Delegate, the employer will recognise the
following rights;
a) The right to be treated fairly and to perform their role without any discrimination in their
employment;
b) For the Union Delegate to represent an employee where requested in relation to a
grievance, dispute or a discussion with a member of the union;
c) The right to place information related to permitted matters on a notice board in a
prominent location in the workplace except that the material must not breach freedom
of association, privacy and other applicable laws;
d) The right to paid time to attend industrial tribunals and/or courts where they have been
requested to do so by an employee (which may include themselves) whom they
represent in a particular dispute in their workplace;
e) The right to paid time to assist and represent employees who have requested them to
represent them in respect of a dispute arising in their workplace; and
f) The right to represent the interests of members in their workplace to the union, the
employer and industrial tribunals/courts.
g) This clause does not provide for a non-working Union Delegate.
49.3 EMPLOYEE REPRESENTATIVE RIGHTS
49.3.1 Where an employee has been elected as an Employee Representative, the employer will
recognise the following rights;
a) The right to be treated fairly and to perform their role without any discrimination in their
employment;
b) For the Employee Representative to represent an employee where requested in relation
to a grievance, dispute or a discussion;
c) The right to place information related to permitted matters on a notice board in a
prominent location in the workplace except that the material must not breach freedom
of association, privacy and other applicable laws;
d) The right to paid time to attend industrial tribunals and/or courts where they have been
requested to do so by an employee (which may include themselves) whom they
represent in a particular dispute in their workplace;
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49.1.3 The parties recognise that union delegate/employee representatives may be involved in assisting employees where requested pursuant to the dispute resolution procedure of this agreement. 49.2 UNION DELEGATE RIGHTS 49.2.1 Where an employee has been elected as a Union Delegate, the employer will recognise the following rights; a) The right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Union Delegate to represent an employee where requested in relation to a grievance, dispute or a discussion with a member of the union; c) The right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; d) The right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an employee (which may include themselves) whom they represent in a particular dispute in their workplace; e) The right to paid time to assist and represent employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) The right to represent the interests of members in their workplace to the union, the employer and industrial tribunals/courts. g) This clause does not provide for a non-working Union Delegate. 49.3 EMPLOYEE REPRESENTATIVE RIGHTS 49.3.1 Where an employee has been elected as an Employee Representative, the employer will recognise the following rights; a) The right to be treated fairly and to perform their role without any discrimination in their employment; b) For the Employee Representative to represent an employee where requested in relation to a grievance, dispute or a discussion; c) The right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; d) The right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an employee (which may include themselves) whom they represent in a particular dispute in their workplace; AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 50
e) The right to paid time to assist and represent employees who have requested them to
represent them in respect of a dispute arising in their workplace; and
f) The right to represent the interests of employees who request their assistance in their
workplace to the employer and industrial tribunals/courts.
g) This clause does not provide for a non-working Employee Representative.
50. CODE COMPLIANCE AND SEVERABILITY
50.1 CODE COMPLIANCE
(a) In the event 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.
50.1 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.
51. TOOLS
51.1 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.
51.2 The Employee will be responsible for such tools as he/she is 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.
52. 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.
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e) The right to paid time to assist and represent employees who have requested them to represent them in respect of a dispute arising in their workplace; and f) The right to represent the interests of employees who request their assistance in their workplace to the employer and industrial tribunals/courts. g) This clause does not provide for a non-working Employee Representative. 50. CODE COMPLIANCE AND SEVERABILITY 50.1 CODE COMPLIANCE (a) In the event 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. 50.1 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. 51. TOOLS 51.1 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. 51.2 The Employee will be responsible for such tools as he/she is 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. 52. 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. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 51
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.
52.1 MONITORING OF TEMPERATURE
Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards
and located as agreed by the HSR and the WHS Committee.
Temperatures shall be monitored during the course of the day by the Company and the HSR.
If gauges are not available - or malfunction, readings shall be taken from the nearest
Bureau of Meteorology (BOM) weather station.
52.2 HUMIDITY
Humidity creates a significant risk to workers' health and safety. Consultation with workers must
take place when humidity exceeds 75% to assess all risks associated with the work being performed.
Things taken into account shall include:
• Monitoring and improving air flow/ventilation;
• The health/medical conditions of individual workers;
• Rescheduling work so that tasks are performed in cooler, less humid parts of the day;
• Job rotation to reduce the amount of direct exposure to humidity;
• Provision of temporary shade and electric fans;
• Scheduled hourly drink breaks of approximately 5-10 minutes in shade;
• Provision of cool drinking water;
• Provision of extra and regular work breaks in cooler areas (i.e. Air-conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision.
52.3 GUIDE TO HEAT STRESS SYMPTOMS
Heat illness covers a range of medical conditions that can arise when the body is unable to properly
cope with working in heat. These conditions include:
• Heat stroke - a life threatening condition that requires immediate first aid and medical
attention;
• Fainting;
• Heat exhaustion I fatigue;
• Heat cramps;
• Rashes (also called prickly heat); and
• Magnifying of pre-existing illnesses and conditions.
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse
and convulsions may also be experienced as a result of heat illness. Workers with these signs or
symptoms need to seek immediate medical attention.
52.4 CONTROL MEASURES
The following control measures shall be employed on site to prevent the effects of Heat Stress:
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During periods of hot weather, if there are areas of the workplace that are below 35ª, 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. 52.1 MONITORING OF TEMPERATURE Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards and located as agreed by the HSR and the WHS Committee. Temperatures shall be monitored during the course of the day by the Company and the HSR. If gauges are not available - or malfunction, readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 52.2 HUMIDITY Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks associated with the work being performed. Things taken into account shall include: Monitoring and improving air flow/ventilation; . . The health/medical conditions of individual workers; . Rescheduling work so that tasks are performed in cooler, less humid parts of the day; Job rotation to reduce the amount of direct exposure to humidity; Provision of temporary shade and electric fans; Scheduled hourly drink breaks of approximately 5-10 minutes in shade; . . Provision of cool drinking water; Provision of extra and regular work breaks in cooler areas (i.e. Air-conditioned site sheds); Use of mechanical aids to reduce physical exertion; and Adequate supervision. 52.3 GUIDE TO HEAT STRESS SYMPTOMS Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: Heat stroke - a life threatening condition that requires immediate first aid and medical . attention; Fainting; . Heat exhaustion I fatigue; ... Heat cramps; Rashes (also called prickly heat); and Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 52.4 CONTROL MEASURES The following control measures shall be employed on site to prevent the effects of Heat Stress: AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 52
• Workers shall have easy access to cool, clean drinking water;
• Caffeinated drinks should be avoided as they promote dehydration;
• Mist busters will be deployed for dust suppression and aid in worker comfort in earthworks
zones;
• Physical activity/tasks reduced where possible;
• Rotation of workers;
• Work in cooler parts of the day;
• Utilise Shaded areas;
• Reduction of PPE, where permissible;
• Wear light clothing under coveralls;
• Individuals should seek medical advice on the effect of medication being taken and
communicate with the Company and/or the HSR if they believe necessary;
• In addition, res! breaks as needed by an individual. Individuals should not be discouraged
from taking needed rest breaks;
• It is expected mandated breaks of "smoko" and lunch be adhered to; and Training.
52.5 INCIDENT RESPONSE/ FIRST AID
Employees experiencing symptoms of heat stress must report to the first aid shed and receive
medical attention. If unable to walk to the shed, normal first aid procedures will apply.
52. 7 INCIDENT REPORTING
All heat related incidents are to be reported to the Company and the PCBU.
After any reported heat related incident, the Company shall immediately advise the HSR, site WHS
Committee and the PCBU.
The Company must advise the HSR, site WHS Committee and PCBU of any lost time injuries,
discomfort or related complaints and absenteeism related to heat.
52.8 TRAINING
All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves
and others. With refresher training to take place annually.
First Aiders need to be specifically trained in responding to heat related incidences.
Training shall be provided by a suitably qualified organisation.
52.9 SUN SAFE TIPS
In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The
company shall ensure the following principles are implemented:
• Employees are provided with and wear a broad brim hard hat attachment including neck
flap when not working undercover;
• Employees are provided with and wear light coloured, long-sleeved collared shirts with a
minimum UPF of SO+;
• Employees are provided with and wear long trousers or shorts that go to the knee;
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Workers shall have easy access to cool, clean drinking water; Caffeinated drinks should be avoided as they promote dehydration; Mist busters will be deployed for dust suppression and aid in worker comfort in earthworks zones; Physical activity/tasks reduced where possible; Rotation of workers; Work in cooler parts of the day; Utilise Shaded areas; Reduction of PPE, where permissible; Wear light clothing under coveralls; Individuals should seek medical advice on the effect of medication being taken and communicate with the Company and/or the HSR if they believe necessary; In addition, rest breaks as needed by an individual. Individuals should not be discouraged from taking needed rest breaks; It is expected mandated breaks of "smoko" and lunch be adhered to; and Training. 52.5 INCIDENT RESPONSE / FIRST AID Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. 52.7 INCIDENT REPORTING All heat related incidents are to be reported to the Company and the PCBU. After any reported heat related incident, the Company shall immediately advise the HSR, site WHS Committee and the PCBU. The Company must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. 52.8 TRAINING All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. With refresher training to take place annually. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 52.9 SUN SAFE TIPS In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The company shall ensure the following principles are implemented: Employees are provided with and wear a broad brim hard hat attachment including neck . flap when not working undercover; . Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+; Employees are provided with and wear long trousers or shorts that go to the knee; . AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 53
• The company must ensure clothing is lightweight, comfortable, well ventilated and does not
restrict movement;
• Employees are provided sunglasses if not working undercover that meet Australian
Standards and are safe for driving,
• Employees are provided with a broad spectrum sunscreen with a minimum SPF of 30+ and
lip balm if not working undercover;
• Employees are provided with portable shade where possible and are advised to work in
natural shade where possible;
• New employees at any site shall be informed, trained and supervised in sun safe techniques;
• All building workers should have their skin checked regularly by a doctor,
regardless of age; and
• Employees are encouraged to monitor their skin and look out for new or unusual spots, a
sore that won't heal, or a spot or mole that has changed size, shape or colour.
53. ASBESTOS AWARENESS TRAINING
The Employer agrees to schedule an agreed asbestos awareness training course.
(i) Training will be undertaken within six months of the commencement of this
Agreement for each current Employee who has not already participated in the
training; and
(ii) within three months of a new Employee commencing employment.
The course and provider of the training will be agreed with the Consultative Committee and
parties to the agreement.
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The company must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement; Employees are provided sunglasses if not working undercover that meet Australian Standards and are safe for driving, Employees are provided with a broad spectrum sunscreen with a minimum SPF of 30+ and lip balm if not working undercover; Employees are provided with portable shade where possible and are advised to work in natural shade where possible; . New employees at any site shall be informed, trained and supervised in sun safe techniques; All building workers should have their skin checked regularly by a doctor, regardless of age; and Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. 53. ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. ) Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and (ii) within three months of a new Employee commencing employment. The course and provider of the training will be agreed with the Consultative Committee and parties to the agreement. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 54
CLAUSE 54 APPENDIX A-WAGE RATES SCHEDULE
Clause 54 Appendix A Wage Rate and Allowance's Registered Fitter
Rates of Pay 2022-24
All Rate changes from the first full pay period after the date nominated.
1st March 2022 1 st March 2023
(36 Hour Divisor) (36 Hour Divisor)
Registered Fitter
$49.00 $50.75
Hourly Rate
Registered Fitter
$1764 $1,827
Per Week
Fares Per Day $16.00 $16.00
Fares Per Week $80.00 $80.00
Travel Time Rate $39.38 $39.38
Travel Time Per
$78.76 $78.76
Day
Travel Time Per
$393.80 $393.80
Week
Site Allowance
(Minimum) $3.95 $3.95
Per Hour
Redundancy
Construction $135.00 $140.00
Fitters
Redundancy
$233.00 $241.50
Service Fitters
Superannuation As Legislated As Legislated
Top-Up
$15.00 $15.00
Insurance
The Rates above include Industry &Tool Allowance and Industry Disability
Allowance and Space, Height & Dirt Money
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CLAUSE 54 APPENDIX A - WAGE RATES SCHEDULE Clause 54 Appendix A Wage Rate and Allowance's Registered Fitter Rates of Pay 2022-24 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (36 Hour Divisor) Registered Fitter Hourly Rate $49.00 $50.75 Registered Fitter $1764 $1,827 Per Week 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 $393.80 $393.80 Week Site Allowance (Minimum) $3.95 $3.95 Per Hour Redundancy Construction $135.00 $140.00 Fitters Redundancy Service Fitters $233.00 $241.50 Superannuation As Legislated As Legislated Top-Up $15.00 $15.00 Insurance The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 55
Clause 54 Appendix A Wage Rate and Allowance's 1st Class Fitter
Rates of Pay 2022-24
All Rate changes from the first full pay period after the date nominated.
1st March 2022 1 st March 2023
{36 Hour Divisor) {36 Hour Divisor)
1 st Class Fitter
$46.40 $47.96
Hourly Rate
1 st Class Fitter
$1,670.40 $1,726.56
Per Week
Fares Per Day $16.00 $16.00
Fares Per Week $80.00 $80.00
Travel Time
$39.21 $39.21
Rate
Travel Time Per
$78.42 $78.42
Day
Travel Time Per
$392.10 $392.10
Week
Site Allowance
{Minimum) $3.95 $3.95
Per Hour
Redundancy
Construction $135.00 $140.00
Fitters
Redundancy
$233.00 $241.50
Service Fitters
Superannuation As Legislated As Legislated
Top-Up $15.00 $15.00
Insurance
The Rates above include Industry &Tool Allowance and Industry Disability
Allowance and Space, Height & Dirt Money
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 56
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Clause 54 Appendix A Wage Rate and Allowance's 1st Class Fitter Rates of Pay 2022-24 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (36 Hour Divisor) 1st Class Fitter Hourly Rate $46.40 $47.96 1st Class Fitter $1,670.40 $1,726.56 Per Week Fares Per Day $16.00 $16.00 Fares Per Week $80.00 $80.00 Travel Time $39.21 $39.21 Rate Travel Time Per $78.42 $78.42 Day Travel Time Per $392.10 $392.10 Week Site Allowance (Minimum) $3.95 $3.95 Per Hour Redundancy Construction $135.00 $140.00 Fitters Redundancy Service Fitters $233.00 $241.50 Superannuation As Legislated As Legislated Top-Up $15.00 $15.00 Insurance The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 56
Clause 54 Appendix A Wage Rate and Allowance's 4th YEAR APPRENTICE
Rates of Pay 2022-24
All Rate changes from the first full pay period after the date nominated.
1 st March 2022 1st March 2023
{36 Hour Divisor) (36 Hour Divisor)
4th Year Apprentice
$39.65 $40.94
Hourly Rate
4th Year Apprentice
$1,427.40 $1,473.84
PerWeek
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
$341.40 $341.40
Week
Site Allowance
(Minimum) Per
$3.95 $3.95
Hour
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
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 57
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Clause 54 Appendix A Wage Rate and Allowance's 4th YEAR APPRENTICE Rates of Pay 2022-24 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (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 $3.95 $3.95 Hour 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 57
Clause 54 Appendix A Wage Rate and Allowance's 3rd VEAR APPRENTICE
Rates of Pay 2022-24
All Rate changes from the first full pay period after the date nominated.
1 st March 2022 1st March 2023
(36 Hour Divisor) (36 Hour Divisor)
3rd Vear
Apprentice $33.10 $34.29
Hourly Rate
3rd Vear
Apprentice Per $1,191.60 $1,234.44
Week
Fares Per Day $16.00 $16.00
Fares Per Week $80.00 $80.00
Travel Time
$28.25 $28.25
Rate
Travel Time Per
$56.50 $56.50
Day
Travel Time Per
$282.50 $282.50
Week
Site Allowance
(Minimum) Per $3.95 $3.95
Hour
Redundancy $17.70 $18.40
Superannuation As Legislated As Legislated
Top Up $15.00 $15.00
Insurance
The Rates above include Industry & Tool Allowance and Industry Disability
Allowance and Space, Height & Dirt Money
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 58
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Clause 54 Appendix A Wage Rate and Allowance's 3rd YEAR APPRENTICE Rates of Pay 2022-24 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (36 Hour Divisor) 3rd Year Apprentice $33.10 $34.29 Hourly Rate 3rd Year Apprentice Per $1,191.60 $1,234.44 Week Fares Per Day $16.00 $16.00 Fares Per Week $80.00 $80.00 Travel Time $28.25 $28.25 Rate Travel Time Per $56.50 $56.50 Day Travel Time Per $282.50 $282.50 Week Site Allowance (Minimum) Per $3.95 $3.95 Hour Redundancy $17.70 $18.40 Superannuation As Legislated As Legislated Top Up $15.00 $15.00 Insurance The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 58
Clause 54 Appendix A Wage Rate and Allowance's 2nd YEAR APPRENTICE
Rates of Pay 2022-24
All Rate changes from the first full pay period after the date nominated.
1st March 2022 pt March 2023
(36 Hour Divisor) (36 Hour Divisor)
2nd Year
Apprentice
$21.30 $22.08
Hourly Rate
2nd Year
Apprentice Per
$766.80 $794.88
Week
Fares Per Day $16.00 $16.00
Fares Per Week $80.00 $80.00
Travel Time Rate $18.47 $18.47
Travel Time Per
$36.94 $36.94
Day
Site Allowance
(Minimum) Per $3.95 $3.95
Hour
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
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 59
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Clause 54 Appendix A Wage Rate and Allowance's 2nd YEAR APPRENTICE Rates of Pay 2022-24 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (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 (Minimum) Per $3.95 $3.95 Hour 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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 59
Clause 54 Appendix A Wage Rate and Allowance's 1st YEAR ADULT APPRENTICE
Rates of Pay 2022-2024
All Rate changes from the first full pay period after the date nominated.
1st Mar 2022 1st Mar 2023
(36 Hour Divisor) (36 Hour Divisor)
1st Year Apprentice
$18.89 $19.59
Hourly Rate
1st Year Apprentice
$680.04 $705.24
Per Week
Fares Per Day $16.00 $16.00
Fares Per Week $80.00 $80.00
Travel Time Rate $17.56 $17.56
Travel Time Per
$35.12 $35.12
Day
Travel Time Per
$175.60 $175.60
Week
Superannuation As Legislated As Legislated
Top Up Insurance $15.00 $15.00
Site Allowance
(Minimum) Per $3.95 $3.95
Hour
Redundancy $1.50 $1.50
The Rates above include Industry & Tool Allowance and Industry Disability
Allowance and Space, Height & Dirt Money
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 60
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Clause 54 Appendix A Wage Rate and Allowance's 1st YEAR ADULT APPRENTICE Rates of Pay 2022-2024 All Rate changes from the first full pay period after the date nominated. 1st Mar 2022 1st Mar 2023 (36 Hour Divisor) (36 Hour Divisor) 1ªt Year Apprentice $19.59 Hourly Rate $18.89 1st Year Apprentice $680.04 $705.24 Per Week Fares Per Day $16.00 $16.00 Fares Per Week $80.00 $80.00 Travel Time Rate $17.56 $17.56 Travel Time Per $35.12 $35.12 Day Travel Time Per Week $175.60 $175.60 Superannuation As Legislated As Legislated Top Up Insurance $15.00 $15.00 Site Allowance (Minimum) Per $3.95 $3.95 Hour Redundancy $1.50 $1.50 The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 60
Clause 54 Appendix A Wage Rate and Allowance's 1st YEAR ADULT APPRENTICE
Rates of Pay 2022-24
All Rate changes from the first full pay period after the date nominated.
ist Year Adult
Apprentice
Hourly Rate
ist Year Adult
Apprentice Per
Week
Fares Per Day
Fares Per Week
Travel Time Rate
Travel Time Per
Day
Travel Time Per
Week
Site Allowance
(Minimum) Per
Hour
Superannuation
Top Up Insurance
Redundancy
1 st March 2022
{36 Hour Divisor)
$22.50
$810.00
$16.00
$80.00
$17.56
$35.12
$175.60
$3.95
As Legislated
$15.00
$1.50
ist March 2023
{36 Hour Divisor)
$22.50
$810.00
$16.00
$80.00
$17.56
$35.12
$175.60
$3.95
As Legislated
$15.00
$1.50
The Rates above include Industry &Tool Allowance and Industry Disability
Allowance and Space, Height & Dirt Money
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 61
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Clause 54 Appendix A Wage Rate and Allowance's 1st YEAR ADULT APPRENTICE Rates of Pay 2022-24 All Rate changes from the first full pay period after the date nominated. 1st March 2022 15t March 2023 (36 Hour Divisor) (36 Hour Divisor) 1st Year Adult Apprentice $22.50 $22.50 Hourly Rate 1st Year Adult Apprentice Per $810.00 $810.00 Week 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 $175.60 $175.60 Week Site Allowance (Minimum) Per $3.95 $3.95 Hour Superannuation As Legislated As Legislated Top Up Insurance $15.00 $15.00 Redundancy $1.50 $1.50 The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 61
Clause 54 Appendix A Wage Rate and Allowance's 2nd YEAR ADULT APPRENTICE
Rates of Pay 2022-2024
All Rate changes from the first full pay period after the date nominated.
2nd Year Adult
Apprentice
Hourly Rate
2nd Year Adult
Apprentice Per
Week
Fares Per Day
Fares Per Week
Travel Time
Rate
Travel Time Per
Day
Travel Time Per
Week
Site Allowance
(Minimum) Per
Hour
Superannuation
Redundancy
Top Up
Insurance
1st March 2022 1st March 2023
(36 Hour Divisor) (36 Hour Divisor)
$22.50 $22.80
$810.00 $820.80
$16.00 $16.00
$80.00 $80.00
$18.47 $18.47
$36.94 $36.94
$184.70 $184.70
$3.95 $3.95
As Legislated As Legislated
$1.50 $1.50
$15.00 $15.00
The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space,
Height & Dirt Money
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 62
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Clause 54 Appendix A Wage Rate and Allowance's 2nd YEAR ADULT APPRENTICE Rates of Pay 2022-2024 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (36 Hour Divisor) 2nd Year Adult Apprentice $22.50 $22.80 Hourly Rate 2nd Year Adult Apprentice Per $810.00 $820.80 Week Fares Per Day $16.00 $16.00 Fares Per Week $80.00 $80.00 Travel Time $18.47 $18.47 Rate Travel Time Per Day $36.94 $36.94 Travel Time Per $184.70 $184.70 Week Site Allowance (Minimum) Per $3.95 $3.95 Hour Superannuation As Legislated As Legislated Redundancy $1.50 $1.50 Top Up $15.00 $15.00 Insurance The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 62
Clause 54 Appendix A Wage Rate and Allowance's 3rd YEAR ADULT APPRENTICE
Rates of Pay 2022-2024
All Rate changes from the first full pay period after the date nominated.
1 st March 2022 ist March 2023
(36 Hour Divisor) (36 Hour Divisor)
3rd Year Adult
$33.10 $34.29
Apprentice Hourly Rate
3rd Year Adult
$1,191.60 $1,234.44
Apprentice Per Week
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
$3.95 $3.95
(Minimum) Per Hour
$18.40
Redundancy $17.70
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
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 63
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Clause 54 Appendix A Wage Rate and Allowance's 3rd YEAR ADULT APPRENTICE Rates of Pay 2022-2024 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (36 Hour Divisor) 3rd Year Adult Apprentice Hourly Rate $33.10 $34.29 3rd Year Adult $1,191.60 $1,234.44 Apprentice Per Week 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 (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 AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 63
Clause 54 Appendix A Wage Rate and Allowance's 4TH YEAR ADULT APPRENTICE
Rates of Pay 2022-2024
All Rate changes from the first full pay period after the date nominated.
1 st March 2022 rt March 2023
{36 Hour Divisor) (36 Hour
Divisor)
4th Year Adult
Apprentice $39.65 $40.94
Hourly Rate
4th Year Adult
Apprentice Per $1,427.40 $1,473.84
Week
Fares Per Day $16.00 $16.00
Fares Per Week $80.00 $80.00
Travel Time
$34.14 $34.14
Rate
Travel Time Per
$68.28 $68.28
Day
Travel Time Per
$341.40 $341.40
Week
Site Allowance
(Minimum) $3.95 $3.95
Per Hour
Redundancy $17.70 $18.40
Superannuation As Legislated As Legislated
Top Up $15.00 $15.00
Insurance
The Rates above include Industry &Tool Allowance and Industry Disability Allowance and Space, Height
& Dirt Money
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 64
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Clause 54 Appendix A Wage Rate and Allowance's 4TH YEAR ADULT APPRENTICE Rates of Pay 2022-2024 All Rate changes from the first full pay period after the date nominated. 1st March 2022 1st March 2023 (36 Hour Divisor) (36 Hour Divisor) 4th Year Adult Apprentice $39.65 $40.94 Hourly Rate 4th Year Adult Apprentice Per $1,427.40 $1,473.84 Week Fares Per Day $16.00 $16.00 Fares Per Week $80.00 $80.00 Travel Time $34.14 $34.14 Rate Travel Time Per Day $68.28 $68.28 Travel Time Per $341.40 $341.40 Week Site Allowance (Minimum) $3.95 $3.95 Per Hour Redundancy $17.70 $18.40 Superannuation As Legislated As Legislated Top Up $15.00 $15.00 Insurance The Rates above include Industry & Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 64
APPENDIX B - RATES SCHEDULE
Allowances Rates
Charge Hands
• Under direct supervision 2 & 10
$39.40 (per week)
• Under direct supervision 10
$49.17 (per week)
• In sole charge outside city/suburbs2 &
$49.17 (per week)
10
• In sole charge outside city/suburbs 10
$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)
Towers Allowance $1.32 (per hour; per 15m.)
APPENDIX C - CHART OF ENTITLEMENT - YES/NO
FARES TRAVEL
SITE LEADING SERVICE ON
ALLOW HAND ALLOW CALL
Ordinary Yes Yes Yes Yes Yes Yes
Overtime-
No No Yes No No No
Weekday
Overtime-
Yes Yes Yes No No No
Weekend
Call-Out No
No-incl
Yes No No No
In Time
Sick No No No Yes No No
Annual No No No Yes No No
Leave Without
No No No No No No
Pay
RDO No No 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 work day and Site Allowance is then paid on
every Rostered Day Off.
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 65
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APPENDIX B - RATES SCHEDULE Allowances Rates Charge Hands · Under direct supervision 2 & 10 · Under direct supervision 10 $39.40 (per week) · In sole charge outside city/suburbs2 & $49.17 (per week) 10 $49.17 (per week) · In sole charge outside city/suburbs 10 $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) Towers Allowance $1.32 (per hour; per 15m.) APPENDIX C - CHART OF ENTITLEMENT - YES/NO TRAVEL LEADING SERVICE ON T FARES ALLOW ALLOW CALL Ordinary Yes Yes Yes Yes Yes Yes Overtime No No Weekday No No Yes 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 No No No No Pay No No RDO No No 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 work day and Site Allowance is then paid on every Rostered Day Off. AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 65
Appendix D - Table 1 - RDO Calendar - 2021
l ~ 2 10 13 l ~ 2 10
14 15 16 17 18 19 20 14 15 16 17
21 21 23 24 25 26 27 21 23 24
24 25 27 28 28 28 29 30 31
! 1 l
.4 2 § l 8 9 10 l 1 .4 ~ § 7 ~ § l 8 2
11 12 13 14 15 16 17 2 10 11 12 13 14 15 13 14 15 16
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23
25 26 27 28 29 30 23 25 26 27 28 29 27 28 29 30 -
! l J ! l J .4 2 § l !
.4 2 § l ~ 2 10 ~ 10 11 12 13 14 2 § l ~
11 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15
18 19 20 21 22 23 24 22 24 25 26 27 28 19 20 21 22
25 26 27 28 29 30 31 29 30 31 26 28 29
J .4 ~ § l ~ 9 l ~ 2 10 11 12 13 ~ § l ~
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15
17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22
24 25 26 27 28 29 30 28 29 30 26 27 28 29
31 -
• Annual leave (optional)
• Flexible RDO Scheduled RDO =
•• Designated Long Weekend (Public Holiday and RDO)
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 66
11 13
18 19 20
25 26 27
1 4 5
10 11 12
17 18 19
24 25 26
l J .4
2 10 11
16 17 18
23 24 25
30
2 10 11
16 18
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ST 18 2021
Appendix D - Table 1 - RDO Calendar - 2021 SMIWI S M W I E S M I W E S 31 2 3 1 2 3 4 5 6 LOL 41 3 4 5 6 7 Z 8 10 11 12 13 Z 8 9 10 11 12 13 10 11 12 13 14 15 16 17 20 14 15 16 17 18 19 20 17 18 19 23 21 22 24 25 26 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 31 31 - S MTW F S M W I E M S E 219 4 5 6 Z 10 2 5 6 6 Z 9 10 11 12 11 12 13 14 1 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 27 29 30 23 24 25 26 29 30 - 30 31 - - 1 I E MI 31 M T W S M I W 3 2 3 4 5 3 4 Lol 4 6 Z 10 10 12 6 7 8 9 10 11 11 12 13 14 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 21 22 24 22 23 24 25 26 27 19 20 21 22 23 24 25 25 . 26 27 28 29 30 31 29 30 31 26 28 29 - - - 1 - - - MTWI S M W 3 S F F 5 2 - 3 1 4 5 6 7 10 11 12 13 5 6 Z 8 9 10 11 100 10 11 12 13 14 15 16 14 15 16 18 19 20 12 13 . 14 15 17 18 | 19 20 21 22 23 21 22 23 24 25 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 28 29 30 31 1 1 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement: NSW & ACT 2020- 2024 Page | 66
i 1
2 10 11 12 13 14 15
16 17 18 1,2 ~ 21 22
23 24 25 ~ ll .ll 29
! .i.
~ 1 ~ 6 z 8 ~
10 11 12 13 14
17 18 19 20 21
24 25 26 27 28 29 30
! .i.
~ 1 ~ 2 z ~ ~
10 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
.i. 1 1 5 6 I ~
2 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31 -
2 Z ~ 2 10 11 12
13 14 15 16 17 18 19
! .i. 1 .1 2 2 z
~ ~ 10 11 12 13 14
15 16 17 18 19 20 21
22 24 25 26 27 28
29 30 31
! .i. ~ .1 ~ 2
z 2 10 11 12 13
14 15 16 17 18 19 20
21 23 24 25 26 27
28 29 30 31
! .i. ~ .1 2
6 z 8 9 10 11 12
13 14 15 16 17 18 19
20 22 23 24 25 26
27 28 29 30
• Annual leave (optional}
• Flexible RDO Scheduled RDO
•• Designated Long Weekend (Public Holiday and RDO}
2 Z ~ 2 10 11 12
13 14 15 16 17 18 19
! .i. 1 .1
5 2 z ~ ~ 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30
! i 1
.1 2 2 z ~ 2 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 -
1 ~ § I ~ 2 10
11 12 13 14 15 16 17
18 19 20 21
25 26 27 28
=
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Agreement NSW & ACT 2020- 2024 Page I 67
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Appendix D - Table 1 - RDO Calendar - 2022 MIWIE 31 31 S M S M W TES 5 ml 1 - 2 3 4 5 6 7 8 6 Z 10 11 12 6 7 8 9 10 11 12 100 10 11 12 13 14 15 13 14 16 17 18 13 14 15 16 17 18 19 100 16 17 18 20 21 22 21 22 23 24 25 26 20 22 23 24 25 26 27 28 29 27 28 27 28 29 30 27 30 31 - - - - - MTWI M W I F S MI W F S 2 4 5 3 4 5 6 Z 10 11 12 13 14 5 6 7 8 9 10 11 1 co 100 1 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 19 20 21 22 23 24 25 24 25 26 28 30 29 30 31 26 27 | 28 29 30 - - - - MTWIE M W I S S MI I S NI 2 3 4 6 2 3 .5 6 Z 8 9 10 11 12 13 4 5 6 Z 9 10 m 10 11 12 13 14 15 16 14 15 19 18 19 20 11 12 13 14 15 16 17 19 20 21 22 23 21 22 23 24 18 19 20 21 22 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 - 31 - - - - - - - MTWI S MIWI -1 E S M S. 5 5 2 2 3 4 5 6 7 8 10 11 12 5 6 7 8 9 10 10 11 13 14 13 14 16 17 18 19 11 12 15 16 16 | 17 : 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 29 27 28 29 30 25 26 27 28 30 31 - 1 Annual leave (optional) Flexible RDO Scheduled RDO Designated Long Weekend (Public Holiday and RDO) AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 67
Appendix D - Table 1 - RDO Calendar - 2023
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l ~ ! .2 § I ~ § I ~ 2 10 11 12 ~ ! .2 §
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16 17 18 19 20 21 22 20 22 23 24 25 26 17 19 20
23 25 26 27 28 29 27 28 29 30 31
! l ~ !
~ 2 10 11 12 13 14 .2 I ~ 2 10 11 ~ ! .2 §
15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13
22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19
29 30 31 26 27 28 29 30 24 25 26
31 -
• Annual leave (optional)
• Flexible RDO Scheduled RDO =
D D Designated Long Weekend {Public Holiday and RDO)
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 68
1 2 ~
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Appendix D - Table 1 - RDO Calendar - 2023 M I W T E S M W F S MI V S 100 2 3 4 5 6 1 3 4 5 6 Z 8 10 11 6 7 8 9 10 11 100 15 16 17 18 19 12 13 14 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 24 25 19 20 21 23 24 29 30 31 26 27 28 26 28 29 30 31 - - 1 1 S MIWI F S F S S MIWI F S 31 3 - 3 5 1 2 3 NI 4 5 6 Z 10 11 12 13 5 6 7 8 91 col ml 21 91 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 16 17 16 17 19 20 21 22 21 22 23 24 18 19 20 21 22 23 24 23 24 25 26 27 28 28 31 25 26 27 28 29 30 - 30 1 S MIWI E S M W E S S MIWI 31 E S 2 3 4 5 2 2 3 4 5 6 7 8 9 10 11 12 3 4 5 6 7 8 9 1 10 12 13 14 15 14 16 17 18 19 10 11 12 13 14 15 16 17 18 20 21 20 21 23 24 17 18 19 20 21 22 23 23 24 25 26 27 28 27 28 29 30 31 25 30 30 - S S MI W F MIWIE 31 S 2 3 4 5 ml 1 1 2 - 8 9 10 11 12 13 14 8 10 11 6 8 ml 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 2 28 : 24 25 26 27 28 22 23 24 25 17 18 19 20 21 22 23 -- 1 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 - 1 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO) AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 68
.. I '
2024
January '24
Is
February '24 s Is March '24
s M T w T F s M T w T F M T w T F s
7 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
April '24
S M T W T F S
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 30 31
October '24
S M T W T F S
6 7 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
4 5 6 7 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29
May '24
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 21 22 23 24 25
26 27 28 29 30 31
August '24
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 31
November '24
S M T W T F S
1 2
3 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22
24 25 26 27 28 29
• Annual leave (optional)
• Flexible RDO
Scheduled RDO =
D D Designated Long Weekend (Public Holiday and RDO)
3 4 5 6 7 9
10 11 12 13 14 15 16
17 19 20 21 22 23
25 26 27 28 29 30
June'24
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 25 26 27 28 29
September '24
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 24 25 26 27 28
29 30
December '24
S M T W T F S
8 9 10 11 12 13 14
15 16 17 18 19 20 21
25 26 27 28
AH Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 69
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Appendix D - Table 1 - RDO Calendar - 2024 2024 January '24 February '24 March '24 M W T MT WT F S MTWT LL S LL S S 2 3 4 5 2 3 2 9 10 11 12 13 4 7 8 10 3 7 9 14 1.5 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April '24 May '24 June '24 S M T W T F S S M T W T F S M TWT F S 3 4 5 2 3 7. 10 11 12 13 5 6 7 9 10 11 m 7 LO 2 4 14 15 16 17 19 20 12 13 14 15 16 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 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 30 July '24 August '24 September '24 M T WT F S M MT W S M TW 3 3 LL SI S S T 2 3 7 N 4 5 6 2 3 1 3 4 5 7 9 10 11 12 13 4 5 6 7 8 10 9 10 11 12 13 14 14 15 : 16 17 18 19 20 11 12 13 15 14 15 16 17 15 16 17 18 19 20 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 29 30 31 25 26 27 28 29 30 31 29 30 October '24 November '24 December '24 MTWT S M T W T F S S M T W T LL LL 2 5 3 7 2 3 4 2 4 5 m 5 LD 8 9 10 11 12 7 9 10 11 12 13 14 14 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 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 Annual leave (optional) Flexible RDO Scheduled RDO Designated Long Weekend (Public Holiday and RDO) AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 69
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:
Email:
Name:
Position:
Signature:
Date:
9310-3411
theo@nswplumbersunion .com.au
Theo Samartzopoulos
6S-/ o~/:2a22
l 7
Signatories for and on behalf of the Company
Signature:
Name: Andy Kibeom Park
Position: Director
Enterprise: AEL Fire Solutions Pty Ltd
ABN: 88 635 068 138
Address: 308/4 Lewis Avenue Rhodes NSW 2138
Email: aelfirepro@gmail.com
Date:
AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020- 2024 Page I 70
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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 Email: Name: Theo Samartzopoulos Position: NSW | inch Secretary Signature: 05/08/2022 Date: Signatories for and on behalf of the Company Signature: Name: Andy Kibeom Park Position: Director Enterprise: AEL Fire Solutions Pty Ltd ABN: 88 635 068 1 | Address: 308/4 Lewis Avenue Rho s NSW 2138 Email: aelfirepro@gmail.com Date: AEL Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitt g Fire Protection Union Enterprise Agreement NSW & ACT 2020- 2024 Page | 70
2020
15 August 2022
IN THE FAIR WORK COMMISSION FWC Matter AG2022/3300 -AEL Fire Solution Pty Ltd & CEPU
NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020-2024.
Undertakings
I, Andy Park, Director of AEL Fire Solution Pty Ltd give the following undertakings with respect to the
AEL Fire Solution Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise
Agreement NSW & ACT 2020-2024 (“the Agreement”).
1. I have the authority given to me by AEL Fire Solution Pty Ltd to provide this undertaking in
Relation to the application before the Fair Work Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum standard.
Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply
and the clause of the agreement will not apply, except to the extent that the clause of the
agreement provides for a more beneficial outcome for employees than the NES.
Kind Regards
Andy Park
Director
M: 0410 580 852
Email: aelfirepro@gmail.com
