1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2022/3288)
CAPITAL MAINTENANCE SOLUTIONS PTY LTD & CEPU ACT
PLUMBING ENTERPRISE AGREEMENT 2021-2024
Plumbing industry
DEPUTY PRESIDENT COLMAN MELBOURNE, 22 AUGUST 2022
Application for approval of the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing
Enterprise Agreement 2021-2024
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia (CEPU) has made an application for approval of an
enterprise agreement known as the Capital Maintenance Solutions Pty Ltd & CEPU ACT
Plumbing Enterprise Agreement 2021-2024 (the Agreement) pursuant to s 185 of the Fair Work
Act 2009 (the Act). The Agreement is a single enterprise agreement.
[2] 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 written undertakings, a copy of which is attached in Annexure
A. I am satisfied that the undertakings will not cause financial detriment to any employee covered
by the Agreement and that they will not result in substantial changes to the Agreement. The
undertakings are taken to be a term of the Agreement.
[4] Subject to the undertakings 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 2860
DECISION
FairWork
Commission
* AUSTRALIA FairWork Commission
[2022] FWCA 2860
2
[5] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[6] 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.
[7] The Agreement was approved on 22 August 2022 and, in accordance with s 54, will
operate from 29 August 2022. The nominal expiry date of the Agreement is 31 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE517114 PR745026
THE FAIR WORK - CAL OF THF NOW
COMMIS
[2022] FWCA 2860
3
Annexure A
(f(LAPITALS
- PLUMBIN G I R OOF I N G
IN THE FAIR WORK COMMISSION
FWC Matter No.: 2022/3288
APPLICANT: Cameron Zerner
Section 185 - Application for approval of a single enterprise agreement
Undertaking- Section 190
Capital Maintenance Solutions
t/a Petherbridge Roofing
ABN: 12 611 672 961
T: (02) 6162 0046
E: admin@capitalms.com.au
W: www.capita lms.com.au
I, Cameron Zerner, Operations Manager of Capital Maintenance Solutions give the following
undertakings with respect to the Capital Maintenance Solutions Ply Ltd & CEPU ACT Plumbing
Enterprise Agreement 2021-2024 ("the Agreement"):
1. I have the authority given to me by Capital Maintenance Solutions Pty Ltd Pty Ltd to provide this
undertaking in relation to the application before the Fair Work Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where
there is an inconsistency between the NES and a clause of this agreement, the NES will apply and
the clause of the agreement will not apply, except to the extent that the clause of the agreement
provides for a more beneficial outcome for employees than the NES.
3. All disputes arising under this Agreement will follow the procedure outlined as per Clause 39 Dispute
Settlement Procedure.
4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the
application before the Fair Work Commission.
Signature
Date
Capital Maintenance Solutions t/a Petherbridge Roofing S ABN: 12 611 672 961 T. (02) 6167 0046 E IN THE FAIR WORK COMMISSION FWC Matter No .: 2022/3288 APPLICANT: Cameron Zerner Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, Operations Manager of Capital Maintenance Solutions give the following undertakings with respect to the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024 ("the Agreement"): 1. I have the authority given to me by Capital Maintenance Solutions Pty Ltd Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. 3. All disputes arising under this Agreement will follow the procedure outlined as per Clause 39 Dispute Settlement Procedure. 4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature Date
OCAPITAL M PLUMBING | ROOFING
admin@capitalms.com.au W: www.capitalms.com.au
18/08/22
CAPITAL MAINTENANCE SOLUTIONS PTY LTD
& CEPU ACT PLUMBING ENTERPRISE
AGREEMENT 2021-2024
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EMPL TRADES QYEES UNION PLUMBING CAPITAL MAINTENANCE SOLUTIONS PTY LTD & CEPU ACT PLUMBING ENTERPRISE AGREEMENT 2021-2024
UN OUD OF
Daly
UTFlex
Clause No Name Page
No
1 Title 4
2 Parties and Persons Bound 4
3 Objectives 4
4 Commitments 5
5 Lodgement and Period Of Operation 5
6 Relationship to Other Instruments 6
7 Definitions 6
8 Types of Employment 7
9 Employer and Employee Duties 9
10 Sham Contracting 9
11 Consultative Mechanisms 11
12 Increases to Wages - Productivity Gains 11
13 Payment of Wages 11
14 Apprentices 12
15 Travel Allowance 13
16 Productivity Allowance 14
17 Other Allowances 15
18 Living Away From Home - Distant Work 16
19 Superannuation 20
20 Termination of Employment 21
21 Redundancy Scheme 21
22
Top-Up Workers Compensation/ 24 Hour Accident
25
Cover & Sickness
23 Ordinary Hours of Work 25
24 Work Breaks 26
25 Overtime 27
26 Weekend Work 29
27 Night Shift 29
28 Public Holidays And Holiday Work 31
29 Annual Leave 32
30 Personal Leave 32
31 Parental Leave 33
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Clause No Name No 1 Title 4 Parties and Persons Bound 4 3 Objectives 4 4 Commitments 5 5 Lodgement and Period Of Operation 5 Relationship to Other Instruments 6 7 Definitions 6 8 Types of Employment 7 y Employer and Employee Duties 9 10 Sham Contracting 9 11 Consultative Mechanisms 11 12 Increases to Wages - Productivity Gains 11 13 Payment of Wages 11 14 Apprentices 12 15 Travel Allowance 13 16 Productivity Allowance 14 17 Other Allowances 15 18 Living Away From Home - Distant Work 16 19 Superannuation 20 20 Termination of Employment 21 21 Redundancy Scheme 21 22 Top-Up Workers Compensation / 24 Hour Accident Cover & Sickness 25 23 Ordinary Hours of Work 25 24 Work Breaks 26 25 Overtime 27 26 Weekend Work 29 27 Night Shift 29 28 Public Holidays And Holiday Work 31 29 Annual Leave 32 30 Personal Leave 32 31 Parental Leave 33
32 Compassionate Leave 33
33 Work Health & Safety 33
34 Inclement Weather 33
35 Protective Clothing 36
36 Compensation For Tools And Clothing 37
37 Presenting For Work But Not Required 37
38 Leave To Deal With Family And Domestic Violence 38
39 Dispute Settlement Procedures 40
40 Anti-Discrimination 41
41 Posting of Agreement 41
42 Workplace Flexibility 41
43 Consultation 42
44 License(s) 45
45 Code Compliance/severability 45
46 Jury Service Make-Up Pay 46
47 Heat Policy 46
Appendix 1-4: Rates of Pay 50-51
Appendix 5-6: Apprentice Rates 52
Appendix 7: Travel Rates 52
Appendix 8: Tool List 53
Schedule A- RDO Calendar's 2021-2024 54-57
SIGNATORY PAGE 58
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32 Compassionate Leave 33 33 Work Health & Safety 33 34 Inclement Weather 33 35 Protective Clothing 36 36 Compensation For Tools And Clothing 37 37 Presenting For Work But Not Required 37 38 Leave To Deal With Family And Domestic Violence 38 39 Dispute Settlement Procedures 40 40 Anti-Discrimination 41 41 Posting of Agreement 41 42 Workplace Flexibility 41 43 Consultation 42 44 License(s) 45 45 Code Compliance/severability 45 46 Jury Service Make-Up Pay 46 47 Heat Policy 46 Appendix 1-4: Rates of Pay 50-51 Appendix 5-6: Apprentice Rates 52 Appendix 7: Travel Rates 52 Appendix 8: Tool List 53 Schedule A- RDO Calendar's 2021-2024 54-57 SIGNATORY PAGE 58
1. TITLE
This Agreement shall be known as the Capital Maintenance Solutions Pty Ltd
& CEPU ACT Plumbing Enterprise Agreement 2021-2024.
2. PARTIES AND PERSONS BOUND
This Agreement shall be binding upon:
2.1 Capital Maintenance Solutions Pty Ltd (Company) in respect to its employees
as defined in clause 7 .1 (viii)
2.2 The Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia (Union).
2.3 This Agreement does not apply to the employment of:
a) employees engaged as Sprinkler Fitters whose employment would
otherwise fall within the coverage of the Plumbing and Fire Sprinklers
Award 2010 (MA000036); or
b) employees principally engaged in installing automatic fire protection
systems; or
c) the employment of weekly engaged employees who are fully employed
in workshops off site and who would otherwise fall within the coverage of
the Manufacturing and Associated Industries manufacturing Award 2010.
d) employees that are not covered by a modern award (such as site
supervisors and other managerial staff); or
e) employees engaged primarily in administrative duties.
3. OBJECTIVES
The objectives of this Agreement are to:
3.1 Increase the efficiency of the company by the effective utilisation of the skill
and commitment of the company's employees;
3.2 Improve the living standard, job satisfaction and continuity of the company's
employees by improving Industry standards;
3.3 Create a cooperative and productive Industrial Relations environment;
3.4 Provide workers with more varied, fulfilling and better paid jobs;
3.5 Promote the continued skill formation of workers;
Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 4
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1. TITLE This Agreement shall be known as the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024. 2. PARTIES AND PERSONS BOUND This Agreement shall be binding upon: 2.1 Capital Maintenance Solutions Pty Ltd (Company) in respect to its employees as defined in clause 7.1 (vili) 2.2 The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Union). 2.3 This Agreement does not apply to the employment of: a) employees engaged as Sprinkler Fitters whose employment would otherwise fall within the coverage of the Plumbing and Fire Sprinklers Award 2010 (MA000036); or b) employees principally engaged in installing automatic fire protection systems; or C) the employment of weekly engaged employees who are fully employed in workshops off site and who would otherwise fall within the coverage of the Manufacturing and Associated Industries manufacturing Award 2010. d) employees that are not covered by a modern award (such as site supervisors and other managerial staff); or e) employees engaged primarily in administrative duties. 3. OBJECTIVES The objectives of this Agreement are to: 3.1 Increase the efficiency of the company by the effective utilisation of the skill and commitment of the company's employees; 3.2 Improve the living standard, job satisfaction and continuity of the company's employees by improving Industry standards; 3.3 Create a cooperative and productive Industrial Relations environment; 3.4 Provide workers with more varied, fulfilling and better paid jobs; 3.5 Promote the continued skill formation of workers; Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 4 Agreement 2021-2024
3.6 Maintain a safe working environment;
3.7 Establish effective communications between the company, its workers and
their Consultative Committee to ensure that the workforce are kept fully
informed and have an input into decision making that effects the work
environment and the future employment of workers with the company.
3.8 Maintain and continue the integrity of trade training through apprenticeships
contract of training.
4. COMMITMENTS
In order that the objectives of this Agreement are achieved, the parties are
committed to ensuring that:
4.1 The measures contained in this Agreement lead to real gains in productivity.
4.2 A broad approach to productivity is adopted incorporating (but not being
limited to) both management and labour efficiency, quality, training,
maintaining high standards of occupational health and safety, improved
working conditions, environmental concerns, quality of working life issues and
equity issues.
4.3 The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the
company.
4.4 Productivity measures will not be implemented at the expense of health and
safety standards and those standards will be improved.
4.5 The dispute settlement procedures provided for in this agreement are
rigorously applied and enforced.
4.6 A free flow of information occurs between the company and employees
concerning all aspects of the construction process.
4. 7 Statutory entitlements, quality of work and proper safety standards will
underpin this agreement.
5. LODGEMENT AND PERIOD OF OPERATION
This Agreement will be lodged in accordance with the Fair Work Act 2009
(Cth).
This Agreement shall come into operation seven days from the date approved
by FWC and continue until 31 st May 2024.
Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 5
Agreement 2021-2024
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3.6 Maintain a safe working environment; 3.7 Establish effective communications between the company, its workers and their Consultative Committee to ensure that the workforce are kept fully informed and have an input into decision making that effects the work environment and the future employment of workers with the company. 3.8 Maintain and continue the integrity of trade training through apprenticeships contract of training. 4. COMMITMENTS In order that the objectives of this Agreement are achieved, the parties are committed to ensuring that: 4.1 The measures contained in this Agreement lead to real gains in productivity. 4.2 A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. 4.3 The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the company. 4.4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 4.5 The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. 4.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 4.7 Statutory entitlements, quality of work and proper safety standards will underpin this agreement 5. LODGEMENT AND PERIOD OF OPERATION This Agreement will be lodged in accordance with the Fair Work Act 2009 (Cth). This Agreement shall come into operation seven days from the date approved by FWC and continue until 31st May 2024. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 5 Agreement 2021-2024
6. RELATIONSHIP TO OTHER INSTRUMENTS
This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010
(MA000036), unless specifically mentioned in this agreement.
7. DEFINITIONS
Geographic definitions
a) ACT - Means the Australian Capital Territory and a 75km radius from
the Canberra GPO
7 .1 Other definitions
In this agreement, unless the contrary intention appears:
(i) Act means the Fair Work Act 2009 (Cth)
(ii) Adult apprentice means a person of 21 years of age or over at the time
of entering into an indenture to a trade specified
(iii) Agreement-based transitional instrument has the meaning in the Fair
Work (Transitional Provisions and Consequential Amendments) Act
2009 (Cth)
(iv) Award-based transitional instrument has the meaning in the Fair
Work (Transitional Provisions and Consequential Amendments) Act
2009 (Cth)
(v) Construction work means all work performed under this agreement in
connection with the erection, repair, renovation, maintenance,
ornamentation or demolition of buildings or structures, including the
prefabrication of work performed in plumbing workshops. For the
purpose of this definition maintenance is confined to employees
employed by employers in the building and construction industry.
(vi) Contractor means any entity which contracts to provide plumbing.
(vii) Continuous shift worker means an employee engaged to work in a
system of consecutive shifts throughout the 24 hours of each of at least
six consecutive days without interruption (except during breakdown or
meal breaks or due to unavoidable causes beyond the control of the
employer) and who is regularly rostered to work those shifts
(viii) Employee means national system employee within the meaning of the
Act
Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 6
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6. RELATIONSHIP TO OTHER INSTRUMENTS This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010 (MA000036), unless specifically mentioned in this agreement. 7. DEFINITIONS Geographic definitions a) ACT - Means the Australian Capital Territory and a 75km radius from the Canberra GPO 7.1 Other definitions In this agreement, unless the contrary intention appears: E Act means the Fair Work Act 2009 (Cth) (ii) Adult apprentice means a person of 21 years of age or over at the time of entering into an indenture to a trade specified (iii) Agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (iv) Award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (v) Construction work means all work performed under this agreement in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employees employed by employers in the building and construction industry. (vi) Contractor means any entity which contracts to provide plumbing. (vii) Continuous shift worker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts (viii) Employee means national system employee within the meaning of the Act Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 6 Agreement 2021-2024
8.
(ix) Employer means national system employer within the meaning of the
Act
(x) enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(xi) leading hand means an employee who is given by the employer, or their
agent, the responsibility of directing and/or supervising the work of other
employees, or in the case of only one employee, the specific
responsibility of directing and/or supervising the work of that employee
(xii) NES means the National Employment Standards
(xiii) Licensed Plumber &/or Drainer means an employee who holds the
appropriate license/s and is primarily engaged to carry out plumbing and
drainage works.
(xiv) Plant Operator means an employee primarily engaged to operate plant
(xv) Trade Assistant means an employee primarily engaged in assisting a
plumber
(xvi) Standard rate means the minimum wage for the Plumbing and
mechanical services tradesperson Level 1 in Appendix A.
(xvii) Code means the Building Code 2016 (Code for the Tendering and
Performance of Building Work 2016).
Where this agreement refers to a condition of employment provided for in the
NES, the NES definition applies.
TYPES OF EMPLOYMENT
Except as provided in 8.2, employment will be daily hire. Any Employee not
specifically engaged as a casual employee will be deemed to be employed by
daily hire.
8.1 The following provisions will apply to daily hire employees:
(a) One day's notice of termination of employment will be given by either
party or one day's pay must be paid or forfeited;
(b) Notice given at or before the usual starting time of any ordinary working
day will expire at the completion of that day's work;
(c) A tradesperson will be allowed one hour prior to termination to gather,
clean, sharpen, pack and transport tools; and
Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 7
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(ix) Employer means national system employer within the meaning of the Act 8 (x) enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (xi) leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee (xii) NES means the National Employment Standards (xiii) Licensed Plumber &/or Drainer means an employee who holds the appropriate license/s and is primarily engaged to carry out plumbing and drainage works. (xiv) Plant Operator means an employee primarily engaged to operate plant (xv) Trade Assistant means an employee primarily engaged in assisting a plumber (xvi) Standard rate means the minimum wage for the Plumbing and mechanical services tradesperson Level 1 in Appendix A. (xvii) Code means the Building Code 2016 (Code for the Tendering and Performance of Building Work 2016). Where this agreement refers to a condition of employment provided for in the NES, the NES definition applies. 8. TYPES OF EMPLOYMENT Except as provided in 8.2, employment will be daily hire. Any Employee not specifically engaged as a casual employee will be deemed to be employed by daily hire. 8.1 The following provisions will apply to daily hire employees: (a) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; (b) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; (c) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 7 Agreement 2021-2024
(d) Nothing in this clause will affect the right of an employer to dismiss an
employee without notice for misconduct or refusing duty.
8.2 Casual employment
A casual Employee will be employed subject to each of the following
terms:
a) A casual Employee will be engaged for a minimum period of 3
consecutive hours on each occasion.
b) A casual Employee for working ordinary time will be paid 125% of
the hourly rate prescribed in Appendix's 1-3, and all relevant
allowances, for each hour so worked. The penalty rate herein
prescribed will be made in lieu of annual leave, public holidays,
personal leave, rostered days off, paid leisure days, parental leave,
redundancy, compassionate leave payments, top-up payments,
severance payments and termination payments prescribed for other
Employees in the Agreement.
c) 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.
d) 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.
e) A casual Employee who does not within four weeks of receiving
written notice elect to convert their contract of employment to fullÂ
time employment is deemed to have elected against any such
conversion.
f) A casual Employee who has a right to elect under clause 8.2 (a) iii,
on receiving notice under clause 8.2(a)v or after the expiry of the
time for giving such notice, may give four weeks' notice in writing to
the Employer that they seek to elect to convert their contract of
employment to full-time, and within four weeks of receiving such
notice the Employer must consent to or refuse the election but must
not unreasonably so refuse.
g) Following such Agreement being reached, the Employee converts
to full-time employment.
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(d) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. 8.2 Casual employment A casual Employee will be employed subject to each of the following terms: a) A casual Employee will be engaged for a minimum period of 3 consecutive hours on each occasion. b) A casual Employee for working ordinary time will be paid 125% of the hourly rate prescribed in Appendix's 1-3, and all relevant allowances, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays personal leave, rostered days off, paid leisure days, parental leave, redundancy, compassionate leave payments, top-up payments, severance payments and termination payments prescribed for other Employees in the Agreement. C) 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. d) 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. e) 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. 1) A casual Employee who has a right to elect under clause 8.2 (a) iii, on receiving notice under clause 8.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. g) Following such Agreement being reached, the Employee converts to full-time employment. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 8 Agreement 2021-2024
9.
h) 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.
i) Where, in accordance with clause 8.2(a) vi an Employer refuses an
election to convert, the reasons for doing so must be fully stated to
and discussed with the Employee concerned and a genuine
attempt made to reach Agreement.
j) 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.
k) An Employee must not be engaged and re-engaged to avoid any
obligation under this Agreement.
EMPLOYER AND EMPLOYEE DUTIES
An employer may direct an employee to carry out such duties as are within the
limits of the employee's skill, competence and training consistent with the
classification structure of this Agreement.
10. SHAM CONTRACTING
10.1 The parties to this Agreement acknowledge that sham contracting has the
potential to undermine fair employment practices, erode employee
entitlements and affect the job security of employees covered by this
Agreement. A sham contracting arrangement includes where an employer
attempts to disguise an employment relationship as an independent
contracting arrangement. This is usually done for the purposes of avoiding for
employee entitlements.
10.2 Sham contracting means sham arrangements as described in Part 3-1,
Division 6 of the Fair Work Act.
10.3 In this clause, "Sham Contracting" is where;
a) An employer employs, or proposes to employ, an individual,
representing to the individual that the contract of employment under
which the individual is, or would be, employed by the employer is a
contract for services under which the individual performs, or would
perform, work as an independent contractor.
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h) 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. i) Where, in accordance with clause 8.2(a) vi an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. 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. K) An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. 9. EMPLOYER AND EMPLOYEE DUTIES An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement. 10. SHAM CONTRACTING 10.1 The parties to this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 10.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 10.3 In this clause, "Sham Contracting" is where; a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 9 Agreement 2021-2024
b) An employer dismisses, or threatens to dismiss, an individual who is an
employee of the employer and performs particular work for the employer
in order to engage the individual as an independent contractor to
perform the same, or substantially the same, work under a contract for
services; or
c) An employer employs, or has at any time employed, an individual to
perform particular work makes a statement that the employer knows is
false in order to persuade or influence the individual to enter into a
contract for services under which the individual will perform, as an
independent contractor, the same, or substantially the same, work for
the employer.
10.4 Clause 10.3a does not apply if the employer proves that, when the
representation was made, the employer did not know and was not reckless as
to whether the contract was a contract of employment rather than a contract
for services.
10.5 Any use of sham contracting is a breach of this agreement.
10.6 Where a sham contracting arrangement has been reasonably alleged and is
unable to be resolved at the workplace level, any party may refer the
allegation directly to the FWC for conciliation and/or resolution under clause
10.5 of this agreement. All parties will cooperate with the requests of the FWC
including requests to provide substantiating information or undertaking an
independent audit of their arrangements. For the avoidance of doubt, an
effected employee may appoint a representative in relation to such matters.
10. 7 Where the sham contracting allegation exists on the employers project or
workplace, the employer will make itself available to assist in the dispute
resolution procedure.
10.8 Where it is agreed or determined by the FWC that a sham contract was in
place and the person was in fact an employee under this agreement, the
calculation for packpay will be calculated on the basis of the hourly rate
contained in this agreement plus site allowance and an additional 85%
loading to cover entitlements other than CBUS and Redundancy Fund
Payments. Any difference between the hourly rate paid to the employee, plus
CBUS and redundancy Fund Payments will form the settlement for the breach
of this clause. The affected employee will be re-inducted and fully informed of
their entitlements under this agreement and the FWA.
10.9 The employer must ensure that a person engaged to undertake work as an
employee or as an independent contractor is lawfully entitled to be so
engaged under Australian law.
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b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 10.4 Clause 10.3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 10.5 Any use of sham contracting is a breach of this agreement. 10.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 10.5 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 10.7 Where the sham contracting allegation exists on the employers project or workplace, the employer will make itself available to assist in the dispute resolution procedure. 10.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation for packpay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and Redundancy Fund Payments. Any difference between the hourly rate paid to the employee, plus CBUS and redundancy Fund Payments will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 10.9 The employer must ensure that a person engaged to undertake work as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 10 Agreement 2021-2024
11. CONSULTATIVE MECHANISMS
Any matter arising as a result of the introduction of this Agreement will be
implemented by way of a Company Consultative Committee consisting of
equal numbers of management and employee representatives. The
consultative committee shall meet as required with additional meetings being
convened at the request of either party.
12. INCREASE TO WAGES - PRODUCTIVITY GAINS
In recognition of the productivity measures identified herein, the increases
payable under this agreement shall be available to all employees as follows:
(i) Seven days from the date of certification - The rate of pay will be as per
Appendix 1 - Table 1
(ii) From the first full pay period after 1st June 2021 - The rate of pay will be
as per Appendix 2 - Table 1
(iii) From the first full pay period after 1st June 2022 - The rate of pay will be
as per Appendix 3 - Table 1
(iv) From the first full pay period after 1st June 2023 - The rate of pay will
be as per Appendix 4 - Table 1
13. PAYMENT OF WAGES
13.1 Wages due will be paid by electronic funds transfer into the employee's
nominated bank or other financial institution account. Wages will be paid
weekly and (subject only to Public Holiday delays) be available no later than
close of business on the Thursday following the end of the relevant pay
period. Employees will receive their pay slips on a weekly basis as soon as
practicable on or after pay-day.
13.2 An employee whose service is terminated shall, within a reasonable time
period, be paid the full amount of wages and accrued payments due, and paid
on the normal pay day.
13.3 Time and Wages Records
In accordance with statutory requirements, the Company shall keep or cause
to be kept a time and wages record for each employee. The employer will
provide access to these records to the employee if requested.
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11. CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee shall meet as required with additional meetings being convened at the request of either party. 12. INCREASE TO WAGES - PRODUCTIVITY GAINS In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: (i) Seven days from the date of certification - The rate of pay will be as per Appendix 1 - Table 1 (ii) From the first full pay period after 1st June 2021 - The rate of pay will be as per Appendix 2 - Table 1 (iii) From the first full pay period after 1st June 2022 - The rate of pay will be as per Appendix 3 - Table 1 (iv) From the first full pay period after 1st June 2023 - The rate of pay will be as per Appendix 4 - Table 1 13. PAYMENT OF WAGES 13.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. 13.2 An employee whose service is terminated shall, within a reasonable time period, be paid the full amount of wages and accrued payments due, and paid on the normal pay day. 13.3 Time and Wages Records In accordance with statutory requirements, the Company shall keep or cause to be kept a time and wages record for each employee. The employer will provide access to these records to the employee if requested. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 11 Agreement 2021-2024
14. APPRENTICES
14.1 The rates of pay, including Allowances, for Apprentices will be as per the
Appendix 5 for Junior Apprentices and Appendix 6 for Adult Apprentices
14.2 No current apprentice will be disadvantaged by the signing of this agreement.
14.3 In determining the wages to be paid to an apprentice, any credit applicable to
the term of the apprenticeship will be counted as part of the term of
apprenticeship already completed.
14.4 The parties to this agreement acknowledge the importance of training
apprentices and therefore will acknowledge that there will be a maximum ratio
of 3 apprentices to each tradesman employed by the employer.
14.5 Attending college/school.
Apprentices will be paid all wages and allowances as specified by this
Agreement for time spent attending college/school in the course of their
apprenticeship. All time spent attending college/school in the course of the
apprenticeship will count as time served for all purposes.
14.6 Except where it is inconsistent with this clause, the provisions of the Plumbing
and Fire Sprinklers Award 201 O (MA000036) will apply to apprentices.
14.7 Fees due by an apprentice for attending the Plumbing Trade Course shall be
reimbursed by the employer at the time that the apprentice satisfactory
completes each module. 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.
14.8 RDO's / Public Holidays
In addition to the provisions otherwise provided in this agreement where
Public Holiday or RDO falls on a day on which the apprentice is required to
attend and does attend technical college or registered training organisation),
the next working day shall be taken in lieu of the public holiday / rostered day
off unless an alternative day in that four-week cycle is agreed between the
apprentice and the employer.
14.9 Apprentices shall be paid a weekly tool allowance unless the employer
supplies the apprentice with all necessary tools.
14.10 Where an employer supplies the apprentice with tools and the apprentice is
dismissed or leaves their employment before the cost of the tool kit has been
reimbursed, the employer shall be entitled to either deduct from any wages
due to the apprentice the remaining cost of the tool kit, or, by agreement,
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14. APPRENTICES 14.1 The rates of pay, including Allowances, for Apprentices will be as per the Appendix 5 for Junior Apprentices and Appendix 6 for Adult Apprentices 14.2 No current apprentice will be disadvantaged by the signing of this agreement. 14.3 In determining the wages to be paid to an apprentice, any credit applicable to the term of the apprenticeship will be counted as part of the term of apprenticeship already completed. 14.4 The parties to this agreement acknowledge the importance of training apprentices and therefore will acknowledge that there will be a maximum ratio of 3 apprentices to each tradesman employed by the employer. 14.5 Attending college/school. Apprentices will be paid all wages and allowances as specified by this Agreement for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes. 14.6 Except where it is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinklers Award 2010 (MA000036) will apply to apprentices. 14.7 Fees due by an apprentice for attending the Plumbing Trade Course shall be reimbursed by the employer at the time that the apprentice satisfactory completes each module. 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. 14.8 RDO's / Public Holidays In addition to the provisions otherwise provided in this agreement where Public Holiday or RDO falls on a day on which the apprentice is required to attend and does attend technical college or registered training organisation), the next working day shall be taken in lieu of the public holiday / rostered day off unless an alternative day in that four-week cycle is agreed between the apprentice and the employer. 14.9 Apprentices shall be paid a weekly tool allowance unless the employer supplies the apprentice with all necessary tools. 14.10 Where an employer supplies the apprentice with tools and the apprentice is dismissed or leaves their employment before the cost of the tool kit has been reimbursed, the employer shall be entitled to either deduct from any wages due to the apprentice the remaining cost of the tool kit, or, by agreement, Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 12 Agreement 2021-2024
retain tools equivalent to the amount still owing based on the original cost of
the tools.
14.11 Provided further that where a tool allowance is paid to apprentices the
employer may, from time to time, inspect tools provided by an apprentice and
if not satisfied that reasonable tools are being provided and kept in
serviceable condition, having regard to the quantum of tool allowance paid,
may supply or repair those tools and deduct the cost from the future tool
allowance payments.
14.12 Any disputes arising out of the provisions of this clause shall be dealt with
through the dispute settlement procedure.
14.13 The provisions of this clause shall not apply to school based apprentices.
14.14 Overtime - Apprentices
(a) Except in an emergency, will not be required to work overtime or shift
work at times which would prevent their attendance at technical school
or a registered training organisation.
(b) When working overtime the apprentice should be under the direction of a
tradesperson.
(c) An apprentice be paid at the overtime, meals and other penalties rates.
15. TRAVEL ALLOWANCE
15.1 Employees will be entitled to a travel allowance in accordance with this clause
to compensate for travel patterns and costs peculiar to the industry which
include mobility/construction and related industries.
15.2 Travel allowance will be in accordance with the charts contained at Appendix
7.
15.3 An employee will not be paid travel on RDOs.
(a) The travelling time allowances are daily allowances where the employee
is required to:
(i) start or finish work at a job site;
(ii) start or finish work at the usual times; and
(iii) uses his/her own vehicle or uses public transport.
(b) Travel allowance
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retain tools equivalent to the amount still owing based on the original cost of the tools. 14.11 Provided further that where a tool allowance is paid to apprentices the employer may, from time to time, inspect tools provided by an apprentice and if not satisfied that reasonable tools are being provided and kept in serviceable condition, having regard to the quantum of tool allowance paid, may supply or repair those tools and deduct the cost from the future tool allowance payments. 14.12 Any disputes arising out of the provisions of this clause shall be dealt with through the dispute settlement procedure. 14.13 The provisions of this clause shall not apply to school based apprentices. 14.14 Overtime - Apprentices (a) Except in an emergency, will not be required to work overtime or shift work at times which would prevent their attendance at technical school or a registered training organisation. (b) When working overtime the apprentice should be under the direction of a tradesperson. (c) An apprentice be paid at the overtime, meals and other penalties rates. 15. TRAVEL ALLOWANCE 15.1 Employees will be entitled to a travel allowance in accordance with this clause to compensate for travel patterns and costs peculiar to the industry which include mobility/construction and related industries. 15.2 Travel allowance will be in accordance with the charts contained at Appendix 7. 15.3 An employee will not be paid travel on RDOs. (a) The travelling time allowances are daily allowances where the employee is required to: start or finish work at a job site; start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. (b) Travel allowance Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 13 Agreement 2021-2024
Subject to clauses 15(a) employees will be paid a travel allowance in
accordance with the figures shown in Appendix 1.
15.4 Transfer between job sites during working hours
(i) 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.
(ii) Where the employer requests an employee to use their own vehicle to
effect such a transfer, and the employee agrees to do so the employee
will be paid an allowance at the rate of $0.74 per kilometre.
15.5 Standard travelling time allowance
The standard travelling time component is an amount based on travel within
the boundaries of the Canberra CBD and a 50km radius.
15.6 Mileage allowance for travel beyond defined radius
(i) An employee entitled to the additional travelling time allowance beyond
the defined radius under clause 15.5 and who uses their own vehicle for
such travel is to be paid an amount equivalent to $0.74 per kilometre as
reimbursement for the additional fuel costs incurred covering the
combined distance from the defined radius to the job site and return to
the defined radius.
(ii) An employee who lives close to the boundaries of the defined radius and
who is requested to travel beyond the defined radius can reach mutual
agreement between the employer and employee for the excess travel
allowance not to be paid on fair and reasonable grounds that the
employee is not travelling further than what would be considered a
normal days travel to a job site within the defined radius ..
16. PRODUCTIVITY ALLOWANCE
16.1 The Productivity Allowance as prescribed in Appendix's will be payable for all
hours worked. Productivity allowance is not payable to Trades Assistants and
Apprentices
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Subject to clauses 15(a) employees will be paid a travel allowance in accordance with the figures shown in Appendix 1. 15.4 Transfer between job sites during working hours 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. (ii) Where the employer requests an employee to use their own vehicle to effect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 15.5 Standard travelling time allowance The standard travelling time component is an amount based on travel within the boundaries of the Canberra CBD and a 50km radius. 15.6 Mileage allowance for travel beyond defined radius (i) An employee entitled to the additional travelling time allowance beyond the defined radius under clause 15.5 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius. (ii) An employee who lives close to the boundaries of the defined radius and who is requested to travel beyond the defined radius can reach mutual agreement between the employer and employee for the excess travel allowance not to be paid on fair and reasonable grounds that the employee is not travelling further than what would be considered a normal days travel to a job site within the defined radius .. 16. PRODUCTIVITY ALLOWANCE 16.1 The Productivity Allowance as prescribed in Appendix's will be payable for all hours worked. Productivity allowance is not payable to Trades Assistants and Apprentices Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 14 Agreement 2021-2024
17.
17.1
OTHER ALLOWANCES
Employee acting on welding certificate
An employee who is requested by the employer to hold the relevant
qualifications required by the various State Government bodies, or other
relevant authorities for pressure oxy-acetylene or electric welding, either
manual or machine welding, and is required by the employer to act on such
qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and
46 cents per hour for electric welding for every hour of employment whether
or not the employee has in any hour performed work relevant to those
qualifications held.
17.2 Meals when working overtime
An employee required to work overtime for at least 2 hours after working
ordinary hours will be paid by their employer an amount of $11.29 to meet the
cost of a meal, plus an additional $11.29 for each subsequent four hours
worked. The employer may provide a meal or meals instead of paying any
such allowance.
17.3 Leading hand allowance:
2- 5 employees $33.60 per week
6-10 employees $43.00 per week
11 + employees $57.38 per week
17.4 HotWork
(a) An employee who works in a place where the temperature has been
raised by artificial means to between 46 and 54 degrees Celsius will be
paid an additional $0.54 or part thereof; with an additional $0.67 or part
thereof, where the temperature exceeds 54 degrees Celsius.
(b) Where such work continues for more than two hours, the employee will
be entitled to 20 minutes rest after every two hours work without loss of
pay, not including the special rate provided for in clause 17.4(a).
17.5 Cold Work
(a) An employee who works in a place where the temperature is lowered by
artificial means to less than 0 degrees Celsius will be paid an additional
$0.54 per hour.
(b) Where such work continues for more than two hours, the employee will
be entitled to 20 minutes rest after every two hours work without loss
of pay, not including the special rate provided for in clause 17.5(a).
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17. OTHER ALLOWANCES 17.1 Employee acting on welding certificate An employee who is requested by the employer to hold the relevant qualifications required by the various State Government bodies, or other relevant authorities for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by the employer to act on such qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and 46 cents per hour for electric welding for every hour of employment whether or not the employee has in any hour performed work relevant to those qualifications held. 17.2 Meals when working overtime An employee required to work overtime for at least 2 hours after working ordinary hours will be paid by their employer an amount of $11.29 to meet the cost of a meal, plus an additional $11.29 for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. 17.3 Leading hand allowance: 2- 5 employees $33.60 per week 6-10 employees $43.00 per week 11+ employees $57.38 per week 17.4 Hot Work (a) An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius will be paid an additional $0.54 or part thereof; with an additional $0.67 or part thereof, where the temperature exceeds 54 degrees Celsius. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided for in clause 17.4(a). 17.5 Cold Work (a) An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius will be paid an additional $0.54 per hour. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided for in clause 17.5(a). Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 15 Agreement 2021-2024
18. LIVING AWAY FROM HOME - DISTANT WORK
18 .1 Qualification
An employee will be entitled to the provisions of this clause when employed
on a job or construction work outside the ACT.
18.2 Employee's address
At the time of engagement, the employee will provide, on the employer's
request, details of their usual place of residence, being:
(a) The address of the place of residence at the time of application; and
(b) The address of a separately maintained residence, if applicable.
(c) The employer will not exercise undue influence, for the purpose of
avoiding its obligations under this Agreement, to persuade the employee
to give a false address. No subsequent change of address will entitle an
employee to the provisions of this clause unless the employer agrees.
18.3 Entitlement
Where an employee qualifies under 18.1 the employer will either:
(a) provide the employee with reasonable board and lodging to a standard
of no less than 3 star accommodation, with two meals daily, being
breakfast and dinner, and an out of pocket allowance of $50.00 per day,
or
(b) Pay an accommodation allowance of $150.00 per day, and an out of
pocket allowance of $50.00 per day, but such allowances will not be
counted as wages. The foregoing accommodation allowance will be
increased if the employee can satisfy the employer that the employee
reasonably incurred a greater outlay than that prescribed in clause 18.3
(a).
18.4 Travelling expenses
An employee who is sent by the employer or selected or engaged by an
employer or agent of the employer to go to a job which qualifies them to the
provision of this clause will not be entitled to any of the allowances prescribed
by clause 14 - Travel, for the period occupied in travelling from their usual
place of residence to the distant job, but in lieu thereof will be paid:
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18. LIVING AWAY FROM HOME - DISTANT WORK 18.1 Qualification An employee will be entitled to the provisions of this clause when employed on a job or construction work outside the ACT. 18.2 Employee's address At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) The employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees. 18.3 Entitlement Where an employee qualifies under 18.1 the employer will either: (a) provide the employee with reasonable board and lodging to a standard of no less than 3 star accommodation, with two meals daily, being breakfast and dinner, and an out of pocket allowance of $50.00 per day, or (b) Pay an accommodation allowance of $150.00 per day, and an out of pocket allowance of $50.00 per day, but such allowances will not be counted as wages. The foregoing accommodation allowance will be increased if the employee can satisfy the employer that the employee reasonably incurred a greater outlay than that prescribed in clause 18.3 (a). 18.4 Travelling expenses An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 14 - Travel, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 16 Agreement 2021-2024
(a) Forward journey
• For the time spent in so travelling, at ordinary rates up to a
maximum of eight hours per day for each day of travel (to be
calculated as the time taken by rail or the usual travelling
facilities).
• For the amount of a fare on the most common method of public
transport to the job (bus; air; rail with sleeping berths if
necessary), and any excess payment due to transporting their
tools if such is incurred.
• For any meals incurred while travelling at $10.97 per meal. The
employer may deduct the cost of the forward journey fare from an
employee who terminates or discontinues their employment within
two weeks of commencing on the job and who does not forthwith
return to their place of engagement.
(b) Return journey
• An employee will, for the return journey, receive the same time,
fares, and meal payments as provided in 18.4(a) above, together
with an amount of $17.24 to cover the cost of transport from the
main public transport terminal to their usual place of residence.
• The above return journey payments will not be paid if the
employee terminates or discontinues their employment within two
months of commencing on the job, or if the employee is dismissed
for whatever reason within one working week of commencing on
the job, or is dismissed for misconduct.
• Departure point- for the purposes of this clause, travelling time will
be calculated as the time taken for the journey from the central or
regional rail, bus or air terminal nearest the employee's usual
place of residence to the locality of the work.
18.5 Daily Travel allowance
An employee engaged on a job which qualifies them to the provisions of this
clause and who are required to reside elsewhere than on the site (or adjacent
to the site and supplied with transport) will be paid the travel allowance
prescribed by clause 15 - Travel.
18.6 Week-end return home
An employee who works as required during the ordinary hours of work on the
working day before and the working day after a weekend and who notifies the
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(a) Forward journey For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. For any meals incurred while travelling at $10.97 per meal. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. (b) Return journey An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 18.4(a) above, together with an amount of $17.24 to cover the cost of transport from the main public transport terminal to their usual place of residence. The above return journey payments will not be paid if the . employee terminates or discontinues their employment within two months of commencing on the job, or if the employee is dismissed for whatever reason within one working week of commencing on the job, or is dismissed for misconduct. Departure point- for the purposes of this clause, travelling time will . be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work. 18.5 Daily Travel allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 15 - Travel. 18.6 Week-end return home An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 17 Agreement 2021-2024
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.
18.7 Construction camps
(a) Camp and caravan accommodation
Where an employee is engaged on the construction of projects which are
located in areas where reasonable board and lodging is not available or
where the size of the workforce is in excess of the available
accommodation or where continuous concrete pour requirements of the
project or the working of shifts necessitate camp accommodation and
where, because of these circumstances, it is necessary to house the
employees in a camp or caravan accommodation the employer must
reimburse all costs associated with the employee arranging and
providing such camp or caravan accommodation.
This clause will not apply where the employer provides appropriate camp or
caravan accommodation.
(b) Camping allowance
An employee living in a construction camp or caravan accommodation
where free messing is not provided will receive a camping allowance of
$144.16 for every complete week the employee is available for work. If
required to be in camp for less than a complete week the employee will
be paid $20.67 per day including any Saturday or Sunday if the
employee is in camp and available for work on the working day
immediately preceding and succeeding each Saturday or Sunday. If an
employee is absent without the employer's approval on any day, the
allowance will not be payable for that day and if such unauthorised
absence occurs on the working day immediately preceding or
succeeding a Saturday or Sunday, the allowance will not be payable for
the Saturday or Sunday.
(c) Camp meal charges
Where a charge is made for meals in a construction camp, such charge
will be fixed by agreement between the parties.
18.8 Rest and recreation
(a) Rail or road travel
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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. 18.7 Construction camps (a) Camp and caravan accommodation Where an employee is engaged on the construction of projects which are located in areas where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp or caravan accommodation the employer must reimburse all costs associated with the employee arranging and providing such camp or caravan accommodation. This clause will not apply where the employer provides appropriate camp or caravan accommodation. (b) Camping allowance An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $144.16 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.67 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer's approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. (c) Camp meal charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 18.8 Rest and recreation (a) Rail or road travel Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 18 Agreement 2021-2024
(i) An employee, who proceeds to a job which qualifies for the
provisions of this subclause, may, after two months continuous
service and thereafter at three monthly periods of continuous
service return to their usual place of residence at the weekend. If
the employee does so, the employee will be paid the amount of a
bus or return railway fare to the bus or railway station nearest their
usual place of residence on the pay day which immediately
follows the date on which the employee returns to the job;
provided no delay not agreed to by the employer takes place in
connection with the employee's commencement of work on the
morning of the working day following the weekend. Provided,
however, that if the work upon which the employee is engaged will
terminate in the ordinary course within a further twenty-eight days
after expiration of any such period of two or three months, the
provisions of this subclause will not be applicable.
(ii) The entitlement under 18.8.(i) will be availed of as soon as
reasonably practical after it becomes due and will lapse after a
period of two months provided that the employee has been
notified in writing by the employer in the week prior to such
entitlement becoming due, of the date of entitlement and that such
entitlement will lapse if not taken before the appropriate date two
months later. (Proof of such written notice will lie with the
employer).
(b) Variable return home
In special circumstances, and by agreement with the employer, the
return to the usual place of residence entitlements may be granted
earlier or taken later than the prescribed date of accrual without
alteration to the employee's accrual- entitlements.
(c) No payment for unused fares
Payment of fares and leave without pay as provided for in this
subclause will not be made unless availed of by the employee.
(d) Flexible rostered day off
If the employer and employee so agree in writing, the paid rostered day
off as prescribed in clause 23 - Ordinary Hours of work, may be taken,
and paid for, in conjunction with and additional to rest and recreation
leave as prescribed in 18.8, or at the end of the project, or on
termination whichever comes first.
18.9 Termination
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(i) An employee, who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous service and thereafter at three monthly periods of continuous service return to their usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (ii) The entitlement under 18.8.(i) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due, of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the employer). (b) Variable return home In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual- entitlements. (c) No payment for unused fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. (d) Flexible rostered day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 23 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 18.8, or at the end of the project, or on termination whichever comes first. 18.9 Termination Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 19 Agreement 2021-2024
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.
19. SUPERANNUATION
19 .1 The level of contributions paid on behalf of each employee will be in
accordance with the table contained at Appendix I.
19.2 Superannuation will be paid on all ordinary time earnings, Rostered Days Off,
travel allowances and all allowances specifically covered by the
Superannuation Guarantee Charge (SGC)
19.3 The relevant Superannuation Fund at the employee's option will be C+BUS or
some other compliant Fund nominated by the employee.
19.4 If at any time during the life of this Agreement the Superannuation Guarantee
Charge (SGC) increases beyond 9.5%, then any increase will be applicable
under this Agreement. Provided that at all times during the life of this
Agreement the minimum SGC percentage will be 9.5%.
19.5 Subject to the Trust Deed of the Fund of which an employee is a member, the
following provisions will apply:
(a) Paid Leave
Contributions will continue whilst an employee is absent on paid annual
leave, sick leave, long service leave, public holidays, jury service,
bereavement leave, or other paid leave.
(b) Unpaid Leave
Contributions will not be required in respect of any period of absence
from work without pay of one day or more.
(c) Work related injury or illness
In the event of an eligible employee's absence from work being due to
a work related injury or work related illness, contributions at the
normal rate will continue for the period of the absence provided that
the employee is receiving 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.
19.6 The subject of superannuation is extensively dealt with by legislation including
the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Industry (Supervision) Act 1993 and the Superannuation (Resolution of
Complaints) Act 1993. This legislation, as varied from time to time, governs
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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. 19. SUPERANNUATION 19.1 The level of contributions paid on behalf of each employee will be in accordance with the table contained at Appendix I. 19.2 Superannuation will be paid on all ordinary time earnings, Rostered Days Off, travel allowances and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 19.3 The relevant Superannuation Fund at the employee's option will be C+BUS or some other compliant Fund nominated by the employee. 19.4 If at any time during the life of this Agreement the Superannuation Guarantee Charge (SGC) increases beyond 9.5%, then any increase will be applicable under this Agreement. Provided that at all times during the life of this Agreement the minimum SGC percentage will be 9.5%. 19.5 Subject to the Trust Deed of the Fund of which an employee is a member, the following provisions will apply: (a) Paid Leave Contributions will continue whilst an employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave. (b) Unpaid Leave Contributions will not be required in respect of any period of absence from work without pay of one day or more. (c) Work related injury or illness In the event of an eligible employee's absence from work being due to a work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that the employee is receiving 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. 19.6 The subject of superannuation is extensively dealt with by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 20 Agreement 2021-2024
the superannuation rights and obligations of the parties except as provided for
under this Agreement. The contribution rates provided for in Clause 19.2 and
19.4 above do not limit an enterprise's liability under the SGC.
19.7 All Superannuation contributions under this Agreement will be paid monthly as
required by the Trust Deed.
20. TERMINATION OF EMPLOYMENT
20.1 Notice of termination is provided for in the NES. The notice provisions of the
NES do not apply to a daily hire employee working in the building and
construction industry.
20.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as
that required of an employer, except that there is no requirement on the
employee to give additional notice based on the age of the employee
concerned. If an employee fails to give the required notice the employer may
withhold from any monies due to the employee on termination under this
award or the NES, an amount not exceeding the amount the employee would
have been paid under this award in respect of the period of notice required by
this clause less any period of notice actually given by the employee.
21. INDUSTRY SPECIFIC REDUNDANCY SCHEME
The following redundancy clause for the Plumbing and Fire Sprinklers
contracting industry is an industry specific redundancy scheme as defined in
s.12 of the Act. In accordance with s.123 (4) (b) of the Act the provisions of
Subdivision B-Redundancy pay of Division 11 of the NES do not apply to
employers and employees covered by this agreement.
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.
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the superannuation rights and obligations of the parties except as provided for under this Agreement. The contribution rates provided for in Clause 19.2 and 19.4 above do not limit an enterprise's liability under the SGC. 19.7 All Superannuation contributions under this Agreement will be paid monthly as required by the Trust Deed. 20. TERMINATION OF EMPLOYMENT 20.1 Notice of termination is provided for in the NES. The notice provisions of the NES do not apply to a daily hire employee working in the building and construction industry. 20.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee. 21. INDUSTRY SPECIFIC REDUNDANCY SCHEME The following redundancy clause for the Plumbing and Fire Sprinklers contracting industry is an industry specific redundancy scheme as defined in s. 12 of the Act. In accordance with s. 123 (4) (b) of the Act the provisions of Subdivision B-Redundancy pay of Division 11 of the NES do not apply to employers and employees covered by this agreement. 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. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 21 Agreement 2021-2024
d) For the purpose of clause (c) once lncolink has notified the employer of
the relevant ATO Approved Fund (lncolink Responsible Fund) the
employer will enrol to become a member and will enrol all the employees
of the employer within the scope of this Agreement in the lncolink
Responsible Fund in accordance with the constituting documents of the
lncolink Responsible Fund. The employer must abide by and pay
contributions to that lncolink Responsible Fund on behalf of each
employee in accordance with the constituting documents of the lncolink
Responsible Fund. The employees enrolled shall be entitled to
redundancy benefits in accordance with the terms of the lncolink
Responsible Fund's trust deed.
e) Where the employer is already a member of an ATO Approved Fund
which lncolink is trustee (Appropriate lncolink Fund), the employer shall
enrol all the employees of the employer within the scope of this
Agreement in the Appropriate lncolink Fund in accordance with the
constituting documents of the Appropriate lncolink Fund. The employer
must abide by and pay contributions to that Appropriate lncolink Fund on
behalf of each employee in accordance with the constituting documents of
the Appropriate lncolink Fund. The employees enrolled shall be entitled to
redundancy benefits in accordance with the terms of the Appropriate
lncolink Fund's trust deed.
f) If lncolink nominates any other ATO Approved Fund the employer shall
pay contributions to that fund on behalf of each employee in accordance
with the constituting documents of that other ATO Approved Fund.
g) In all cases the redundancy payments which the employer is liable to pay
are whichever are the greater of the entitlement of the employee as per
Clause [#] and the entitlement of the employee under relevantly the
lncolink Responsible Fund or the Appropriate lncolink Fund trust deed (or
under the constituting documents of any other ATO Approved Fund
nominated by lncolink pursuant to its trust deed).
h) References in this Clause to relevantly the lncolink Responsible Fund or
the Appropriate lncolink Fund include a reference to another fund for
comparable purposes nominated by lncolink for the purposes of this
Agreement as a fund which meets the requirements of relevantly an
lncolink Responsible Fund or an appropriate lncolink Fund.
20.2 Definition
For the purposes of this clause, redundancy means a situation where an
employee ceases to be employed by an employer other than for reasons
of misconduct or refusal of duty. Redundant has a corresponding
meaning.
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d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. e) Where the employer is already a member of an ATO Approved Fund which Incolink is trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per Clause [#] and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). h) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which meets the requirements of relevantly an Incolink Responsible Fund or an appropriate Incolink Fund. 20.2 Definition For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 22 Agreement 2021-2024
20.3 Redundancy pay
(a) A redundant employee will receive redundancy/severance payments in
respect of all continuous service with the employer, calculated as
follows:
Period of continuous service
Redundancy/Severance Pay
with an employer
2.4 weeks' pay plus, for all service
1 year or more but less than 2 in excess of 1 year, 1.75 hours pay
Years per completed week of service up
to a maximum of 4.8 weeks' pay
4.8 weeks' pay plus, for all service
2 years or more but less than 3 in excess of 2 years, 1.6 hours pay
Years per completed week of service up
to a maximum of 7 weeks' pay
7 weeks' pay plus, for all service in
3 years or more but less than 4 excess of 3 years, 0.73 hours pay
Years per completed week of service up
to a maximum of 8 weeks' pay
4 years or more 8 weeks' pay
(b) Provided that an employee employed for less than 12 months will be
entitled to a redundancy/severance payment of 1.75 hours per week of
service if, and only if, redundancy is occasioned otherwise than by the
employee.
(c) Week's pay means the ordinary time rate of pay at the time of
termination for the employee concerned.
(d) 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.
(e) Any period of service as a casual will not entitle an employee to accrue
service in accordance with this clause for that period.
(f) Service as an apprentice will entitle an employee to accumulate credits
towards the payment of a redundancy benefit in accordance with this
clause if the employee completes an apprenticeship and remains in
employment with that employer for a further 12 months.
(g) 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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20.3 Redundancy pay (a) A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 4.8 weeks' pay plus, for all service 2 years or more but less than 3 in excess of 2 years, 1.6 hours pay Years per completed week of service up to a maximum of 7 weeks' pay 7 weeks' pay plus, for all service in 3 years or more but less than 4 excess of 3 years, 0.73 hours pay Years per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay (b) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (c) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned (d) 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. (e) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (f) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months. ) Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 23 Agreement 2021-2024
(h) Upon termination the employee will, depending on the Scheme's trust
deed, be paid directly by the Scheme.
(i) For the purpose of meeting its obligations under this clause the employer
will make the contributions set out in clause 21 above on a monthly basis
in respect of each employee covered by this Agreement to the Scheme.
U) Where an employee is entitled to a payment by the Scheme under
clause 21 and an entitlement under the provisions of this clause would
be greater than the employee will receive the difference between the
amount due under clause 21 and the amount due under this clause, but
not both.
21.3 Redundancy pay schemes
(a) Where an employer terminates the employment of an employee and the
employer incurs a redundancy pay obligation to the employee under this
clause, some or all of the benefit the employee receives from a
redundancy pay fund may be set off against the employer's redundancy
pay obligation under this clause, subject to the following conditions.
(b) If the employee receives a benefit from the redundancy pay fund, the
employer may set off any proportion of the benefit which is attributable to
the employer's contribution to the fund against its redundancy pay
obligation under this clause. If the proportion so calculated is equal to or
greater than the employer's redundancy pay obligation under this clause
the obligation will be fully satisfied.
(c) If the employee does not receive a benefit from the redundancy pay
scheme, contributions made by an employer on behalf of an employee to
the scheme will, to the extent of those contributions, be set off against
the liability of the employer under this clause and payments to the
employee will be made in accordance with the rules of the redundancy
pay scheme fund or any agreement relating thereto. If the contribution is
equal to or greater than the employer's redundancy pay obligation under
this clause the obligation will be fully satisfied.
The redundancy pay scheme must be an Approved Worker Entitlement Fund
under the Fringe Benefits Tax Regulations 1992.
21 .4 Employee leaving during notice period
An employee whose employment is to be terminated in accordance with this
clause may terminate their employment during the period of notice and if this
occurs, will be entitled to the provisions of this clause as if the employee
remains with the employer until expiry of such notice. Provided that in such
circumstances, the employee will not be entitled to payment instead of notice.
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(h) Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. (i) For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 21 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (i) Where an employee is entitled to a payment by the Scheme under clause 21 and an entitlement under the provisions of this clause would be greater than the employee will receive the difference between the amount due under clause 21 and the amount due under this clause, but not both. 21.3 Redundancy pay schemes (a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions. (b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Regulations 1992. 21.4 Employee leaving during notice period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 24 Agreement 2021-2024
21.5 Transfer of business
22.
Where a business is, before or after the date of this award, transferred from
an employer (in this subclause called the old employer) to another employer
(in this subclause called the new employer) and an employee who at the time
of such transfer was an employee of the old employer in that business
becomes an employee of the new employer:
(a) the continuity of the employment of the employee will be deemed not to
have been broken by reason of such transfer; and
(b) the period of employment which the employee has had with the old
employer or any prior old employer will be deemed to be service of the
employee with the new employer.
In this subclause, business includes trade, process, business or occupation
and includes part of any such business and transfer includes transfer,
conveyance, assignment or succession whether by agreement or by operation
of law. Transferred has a corresponding meaning.
TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND
SICKNESS INSURANCE
The Employer recognises the importance of providing income security for
employees and their families in the event of unforeseen circumstances
occurring. In this regard the Company will, as part of this Agreement take out
a Top Up, 24 hr accident and sickness insurance with Marsh Pty Ltd for all
employees other than casuals. This policy will contain provisions that allow
approved benefits to be paid within 14 days resulting from an accident or
sickness, and within 30 days resulting from an amateur sporting injury. The
maximum cost to the Company will not exceed $15 per week.
23. ORDINARY HOURS OF WORK
23.1 The average ordinary working hours will be 38 per week worked in
accordance with the following provisions for a four week work cycle:
23.2 Ordinary working hours will be worked in a twenty-day, four week cycle,
Monday to Friday inclusive, with eighteen working days of eight hours each,
between the hours of 6.00 a.m. and 6.00 p.m., with 0.4 of one hour on each
day worked accruing as an entitlement to take a rostered day off (RDO) in
each cycle paid as though worked. The rates contained in Appendix's
compensate for the daily span of hours being 6.00am and 6.00pm.
23.3 This time will accrue as follows:
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21.5 Transfer of business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and the period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. 22. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Company will, as part of this Agreement take out a Top Up, 24 hr accident and sickness insurance with Marsh Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the Company will not exceed $15 per week. 23. ORDINARY HOURS OF WORK 23.1 The average ordinary working hours will be 38 per week worked in accordance with the following provisions for a four week work cycle: 23.2 Ordinary working hours will be worked in a twenty-day, four week cycle, Monday to Friday inclusive, with eighteen working days of eight hours each, between the hours of 6.00 a.m. and 6.00 p.m ., with 0.4 of one hour on each day worked accruing as an entitlement to take a rostered day off (RDO) in each cycle paid as though worked. The rates contained in Appendix's compensate for the daily span of hours being 6.00am and 6.00pm. 23.3 This time will accrue as follows: Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 25 Agreement 2021-2024
(i) ACT employees will accrue 0.4 hours (24 minutes) accrued per day
worked or per day of paid leave taken.
23.4 An employee is not entitled to accrue the time provided for in clause 23.3(i)
whilst on an RDO.
23.5 Clearing of Rostered Days Off (RDO)
An employee will be entitled to take RDOs in accordance with the following:
(a) The Industry RDO Calendars are in the Schedule's for 2021, 2022,
2023 and 2024
(b) While the schedule of RDO's prescribed in 23.5 (a) will be observed,
the employer and employee/employees may; too increase productivity
and meet scheduled work arrangements alter the scheduled days to
meet such work requirements.
(c) If on commencement of Employment an employee does not have
enough RDO leave accrued to obtain full payment for the next
rostered day off, only partial payment may be made from accruals.
(d) Termination of employment
On termination, the employer must pay an employee all unused
accruals that the employee has accrued under this clause, including
the travel component for RDO's.
24. WORK BREAKS
24.1 Meal breaks
There will be a cessation of work and working time within the first 5 hours of
each day for the purpose of a meal on each day, of not less than 30 minutes,
to be taken at a time that meets the needs of each particular project.
Employees will not be required to work more than 5 hours without a rest
break.
24.2 Variation of meal breaks
Where, because of the area or location of a project the period of the meal
break may be lengthened to not more than 45 minutes with a consequential
adjustment to the daily time of cessation of work.
24.3 Daily rest breaks
There will be allowed, without deduction of pay, a rest period of 10 minutes
between 9.00 am and 11 00 am.
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(i) ACT employees will accrue 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken. 23.4 An employee is not entitled to accrue the time provided for in clause 23.3(i) whilst on an RDO. 23.5 Clearing of Rostered Days Off (RDO) An employee will be entitled to take RDOs in accordance with the following: (a) The Industry RDO Calendars are in the Schedule's for 2021, 2022, 2023 and 2024 (b) While the schedule of RDO's prescribed in 23.5 (a) will be observed, the employer and employee/employees may; too increase productivity and meet scheduled work arrangements alter the scheduled days to meet such work requirements. (c) If on commencement of Employment an employee does not have enough RDO leave accrued to obtain full payment for the next rostered day off, only partial payment may be made from accruals. d) Termination of employment On termination, the employer must pay an employee all unused accruals that the employee has accrued under this clause, including the travel component for RDO's. 24. WORK BREAKS 24.1 Meal breaks There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. 24.2 Variation of meal breaks Where, because of the area or location of a project the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 24.3 Daily rest breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 26 Agreement 2021-2024
24.4 Overtime rest breaks
25.
25.1
(a) When an employee is required to work overtime after the usual ceasing
time for the day for two hours or more, the employee will be allowed to
take without deduction of pay, a rest break of 20 minutes in duration
immediately after such ceasing time and thereafter, after each four hours
of continuous work, the employee will be allowed to take also, without
deduction of pay, a rest break of 30 minutes in duration.
(b) In the event of an employee remaining at work after the usual ceasing
time without taking the rest break of 20 minutes and continuing at work
for a period of two hours or more, the employee will be regarded as
having worked 20 minutes more than the time worked and be paid
accordingly.
(c) For the purpose of this clause usual ceasing time is at the end of
ordinary hours inclusive of time worked for accrual purposes as
prescribed in clause 23.1 (a)- Ordinary Hours of Work.
(d) Where an agreement is reached pursuant to clause 24.2, the agreement
may make provision for the variation of work breaks to suit the
arrangement of hours of work.
OVERTIME
Overtime generally
(a) All time worked beyond the ordinary hours of work as prescribed in
clause 23 - Ordinary Hours of work, inclusive of time worked for accrual
purposes as prescribed will be paid for at the rate of one and a half times
ordinary rate for the first two hours and double time thereafter.
(b) Call-back
An employee recalled to work overtime after leaving the employer's
business premises (whether notified before or after leaving the premises)
will be paid for a minimum of three hours work at the appropriate rates
for each time the employee is so recalled. Except in the case of
unforeseen circumstances the employee will not be required to work the
full three hours if the job or jobs the employee was recalled to perform is
completed within a shorter period. When an employee is recalled to work
after leaving the employer's business premises prior to the expiration of
a ten hour break after ordinary ceasing time and the actual time worked
on the call out does not exceed three hours, the provisions of this clause
will not apply. In addition:
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24.4 Overtime rest breaks (a) When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, the employee will be allowed to take also, without deduction of pay, a rest break of 30 minutes in duration. (b) In the event of an employee remaining at work after the usual ceasing time without taking the rest break of 20 minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly (c) For the purpose of this clause usual ceasing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 23.1(a)- Ordinary Hours of Work. (d) Where an agreement is reached pursuant to clause 24.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work. 25. OVERTIME 25.1 Overtime generally (a) All time worked beyond the ordinary hours of work as prescribed in clause 23 - Ordinary Hours of work, inclusive of time worked for accrual purposes as prescribed will be paid for at the rate of one and a half times ordinary rate for the first two hours and double time thereafter. (b) Call-back An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances the employee will not be required to work the full three hours if the job or jobs the employee was recalled to perform is completed within a shorter period. When an employee is recalled to work after leaving the employer's business premises prior to the expiration of a ten hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three hours, the provisions of this clause will not apply. In addition: Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 27 Agreement 2021-2024
This sub-clause will not apply in cases where it is customary for an employee
to return to the employer's premises to perform a specific job outside ordinary
working hours, or where the overtime is continuous (subject to a reasonable
meal break) with the completion or commencement of ordinary working time.
(c) Working during meal break
If the employer requires an employee to work through their normal meal
break the employee will be paid at the rate of double time until the
employee is allowed to,take such a break. Where the meal break is
shortened by agreement, the employer will pay for the period by which
the meal break is shortened, which will then form part of ordinary time
hours.
(d) Transport after overtime or holiday work
When an employee, after having worked overtime for which the
employee has not been regularly rostered or on a prescribed holiday,
finishes work at a time when reasonable means of transport are not
available the employer will pay the cost of or provide a conveyance to
their home or to the nearest public transport.
25.2 Breaks between working days
An employee who works so much overtime that, between the termination of
ordinary work on one day and the commencement of ordinary work on the
next day, the employee has not had at least ten consecutive hours off duty
between those times, or on a Saturday, Sunday or Holiday without having had
ten consecutive hours off duty in the 24 hours preceding ordinary commencing
time on their next ordinary day will, subject to this subclause, be released after
completion of such overtime until the employee has had ten consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence.
(a) If, on the instructions of the employer, such an employee resumes or
continues work without having had such ten consecutive hours off duty
the employee will be paid at double rates until the employee is released
from duty for such period and the employee will then be entitled to be
absent until the employee has had ten consecutive hours off duty without
loss of pay for ordinary working time occurring during such absence.
(b) An employee who has worked continuously (except for work breaks
allowed by this Agreement) for 20 hours including holiday work will not
be required to continue at or recommence work for at least twelve hours.
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This sub-clause will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. (c) Working during meal break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. (d) Transport after overtime or holiday work When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 25.2 Breaks between working days An employee who works so much overtime that, between the termination of ordinary work on one day and the commencement of ordinary work on the next day, the employee has not had at least ten consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had ten consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (a) If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (b) An employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least twelve hours. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 28 Agreement 2021-2024
26.
26.1
WEEKEND WORK
Weekend work generally
Time worked on Saturday will be paid for at the rate of time and a half for the
first two hours and double time thereafter, provided that all time worked after
12 noon will be paid for at the rate of double time. From 1 st June 2023 all time
worked on Saturday will paid for at the rate of double time.
26.2 All time worked on Sunday will be paid for at double time.
26.3 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. Provided that on urgent service work an employee will be
paid in accordance with 25.1 (a)
26.4 An employee working overtime on a Saturday or a Sunday will be allowed a
paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest
period is to be paid for as though worked.
26.5 An employee working on a Saturday or Sunday will be allowed a paid meal
break of 20 minutes after four hours work, to be paid for at the ordinary rate of
pay, but this will not prevent any arrangements being made for the taking of a
30 minute meal period, the time in addition to the paid 20 minutes being
without pay. In the event of an employee being required to work in excess of a
further four hours, the employee will be allowed to take a paid rest break of 30
minutes which will be paid at the ordinary rate of pay.
27. NIGHT SHIFT
Wherever it may be found necessary in the erection, alteration, renovation or
demolition of buildings to work wholly by night, or in two shifts, day and night,
the following terms and conditions will apply:
27.1 No employee who is employed during the ordinary hours will be employed on
night shift except on overtime rates or vice-versa.
27.2 Reasonable time will be allowed for a meal or meals during such shift.
27.3 In such cases where night shifts are worked and employment continues for
more than one week, employees will work five shifts per week of eight hours.
Employees on shift work will accrue 0.4 of one hour for each eight hour shift
worked to allow one complete shift to be taken off as a paid shift for every
twenty shift cycle. This twentieth shift entitlement will be in accordance with
Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the
appropriate shift rate as prescribed by this clause and the appropriate
allowance under clause 15- travel.
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26. WEEKEND WORK 26.1 Weekend work generally Time worked on Saturday will be paid for at the rate of time and a half for the first two hours and double time thereafter, provided that all time worked after 12 noon will be paid for at the rate of double time. From 1st June 2023 all time worked on Saturday will paid for at the rate of double time. 26.2 All time worked on Sunday will be paid for at double time. 26.3 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. Provided that on urgent service work an employee will be paid in accordance with 25.1(a) 26.4 An employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 26.5 An employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay. 27. NIGHT SHIFT Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night, or in two shifts, day and night, the following terms and conditions will apply: 27.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 27.2 Reasonable time will be allowed for a meal or meals during such shift. 27.3 In such cases where night shifts are worked and employment continues for more than one week, employees will work five shifts per week of eight hours. Employees on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift entitlement will be in accordance with Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 15- travel. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 29 Agreement 2021-2024
27.4 Paid leave taken during any cycle of four weeks and public holidays as
prescribed by clause 28 - Public holidays and holiday work will be regarded as
shifts worked for accrual purposes.
27.5 Except as provided above, employees not working a complete four week cycle
will be paid accrued pro rata entitlement for each shift worked on a
programmed shift off or, in the case of termination of employment on
termination.
27.6 The employer and employee will agree in writing upon arrangements for
rostered paid days off during the twenty shift cycle or for accumulation of
accrued days to be taken at or before the end of the particular contract,
provided that such accumulation will be limited to no more than five such
accrued days before they are taken as paid days off, and when taken those
days will be regarded as days worked for accrual purposes in the particular
twenty shift cycle.
27.7 Once such days have been rostered they will be taken as paid days off
provided that where the employer for emergency reasons requires an
employee to work on a rostered day off, the employee will be paid in addition
to their accrued entitlement, penalty rates prescribed in 25.1 (a).
27.8 An employee employed for less than five continuous shifts in any working
week will be paid in accordance with clause 25 - Overtime, and clause 26 -
Weekend Work. In cases where the employee has been employed on night
shift for more than one week continuously then in such cases if the job
finishes during the currency of the week's work the employer will be at liberty
to terminate the engagement and will pay to such employee the rate fixed for
night shift work for the time actually worked. In cases where less than a full
week is worked, due to the action of the employee, the rate payable for the
actual time worked will be ordinary night shift rates.
27.9 The rate of pay for night shift will be time and one half (150%).
27.10 The starting and finishing hours for night shift work will be agreed upon
mutually between the employer and a majority of affected employees. The
provisions relating to clause 23 -Ordinary Hours of work and Clause 29 -
Annual Leave apply to employees working shift work provided that the starting
time for ordinary night shift hours will not be before 3.00pm.
27.11 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.
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27.4 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 28 - Public holidays and holiday work will be regarded as shifts worked for accrual purposes. 27.5 Except as provided above, employees not working a complete four week cycle will be paid accrued pro rata entitlement for each shift worked on a programmed shift off or, in the case of termination of employment on termination. 27.6 The employer and employee will agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days to be taken at or before the end of the particular contract, provided that such accumulation will be limited to no more than five such accrued days before they are taken as paid days off, and when taken those days will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 27.7 Once such days have been rostered they will be taken as paid days off provided that where the employer for emergency reasons requires an employee to work on a rostered day off, the employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 25.1(a). 27.8 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 25 - Overtime, and clause 26 - Weekend Work. In cases where the employee has been employed on night shift for more than one week continuously then in such cases if the job finishes during the currency of the week's work the employer will be at liberty to terminate the engagement and will pay to such employee the rate fixed for night shift work for the time actually worked. In cases where less than a full week is worked, due to the action of the employee, the rate payable for the actual time worked will be ordinary night shift rates. 27.9 The rate of pay for night shift will be time and one half (150%). 27.10 The starting and finishing hours for night shift work will be agreed upon mutually between the employer and a majority of affected employees. The provisions relating to clause 23 -Ordinary Hours of work and Clause 29 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. 27.11 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. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 30 Agreement 2021-2024
27 .12 Overtime
27 .12.1 All time worked on Sunday mentioned in clause 26 - Weekend Work, and the
holidays mentioned in clause 28 - Public Holidays and Holiday Work, will be
paid for at the rate of double time shift rates. All time worked outside the
ordinary night shift hours will be paid for at the rate of time and a half for the
first two hours and double time thereafter based, in each case, upon the
nightshift rates.
27.12.2 Where a period of overtime is two hours or more an employee will be allowed
a twenty minute meal break which will be paid for at ordinary rates.
28. PUBLIC HOLIDAYS AND HOLIDAY WORK
An employee will be entitled to the following holidays without deduction of
pay:
New Years' Day Anzac Day
Australia Day Queen's Birthday
Good Friday Labour Day
Easter Saturday Christmas Day
Easter Monday Boxing Day
Canberra Day
Family &
Community Day
Further, an employee will be entitled to any State Act or State declared
substitute days or additional days as observed in the particular state or
locality. Where the business is situated near a state or territory border and the
employer's operations traverse the border, the employer may elect to follow a
particular state or territory's public holidays, subject to agreement with the
affected employees.
28.1 When public holidays fall on a weekend
(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be
observed on 27 December.
(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be
observed on 28 December.
(c) When New Year's Day or Australia Day is a Saturday or Sunday a
holiday in lieu will be observed on the following Monday.
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27.12 Overtime 27.12.1 All time worked on Sunday mentioned in clause 26 - Weekend Work, and the holidays mentioned in clause 28 - Public Holidays and Holiday Work, will be paid for at the rate of double time shift rates. All time worked outside the ordinary night shift hours will be paid for at the rate of time and a half for the first two hours and double time thereafter based, in each case, upon the nightshift rates. 27.12.2 Where a period of overtime is two hours or more an employee will be allowed a twenty minute meal break which will be paid for at ordinary rates. 28. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay: New Years' Day Anzac Day Australia Day Queen's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day Canberra Day Family & Community Day Further, an employee will be entitled to any State Act or State declared substitute days or additional days as observed in the particular state or locality. Where the business is situated near a state or territory border and the employer's operations traverse the border, the employer may elect to follow a particular state or territory's public holidays, subject to agreement with the affected employees. 28.1 When public holidays fall on a weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 31 Agreement 2021-2024
(d) By agreement between an employer and the majority of employees other
days may be substituted for the days prescribed in Clause 28.
28.2 Termination
(a) If the employer terminates the employment of an employee (except for
reasons of misconduct or incompetency) the employer will pay the
employee a day's ordinary wages for each holiday or each holiday in a
group which falls within ten consecutive calendar days after the day of
termination.
(b) Where any two or more of the holidays prescribed in this clause occur
within a seven day span, such holiday will be a group of holidays. If the
first day of the group of holidays falls within ten consecutive calendar
days after termination, the whole group will be deemed to fall within the
ten consecutive calendar days. Christmas Day, Boxing Day and New
Year's Day will be regarded as a group.
(c) No employee will be entitled to receive payment from more than one
employer in respect to the same public holiday or groups of holidays.
28.3 Payment for working on a Public holiday
An employee who works on any of the public holidays or substitute days
prescribed in this clause, will be paid at the rate of double time and a half for
all time worked. An employee required to perform any work on a public holiday
will be afforded at least four hours work or paid for four hours at the
appropriate rate.
29. ANNUAL LEAVE
29.1 The provision of annual leave under this agreement shall be in accordance
with the National Employment Standards (NES).
29.2 In addition to the payment provided for in clause 29.1, an employer is required
to pay an additional leave loading of 17.5% on that payment. Loading will be
paid on termination.
30. PERSONAL LEAVE
30.1 The provisions of personal leave under this agreement shall be in accordance
with the National Employment Standards (NES).
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(d) By agreement between an employer and the majority of employees other days may be substituted for the days prescribed in Clause 28. 28.2 Termination (a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 28.3 Payment for working on a Public holiday An employee who works on any of the public holidays or substitute days prescribed in this clause, will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours work or paid for four hours at the appropriate rate. 29. ANNUAL LEAVE 29.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 29.2 In addition to the payment provided for in clause 29.1, an employer is required to pay an additional leave loading of 17.5% on that payment. Loading will be paid on termination. 30. PERSONAL LEAVE 30.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 32 Agreement 2021-2024
31. PARENTAL LEAVE
31.1 The provisions of personal leave under this agreement shall be in accordance
with the National Employment Standards (NES).
32. COMPASSIONATE LEAVE
32.1 The provisions of compassionate leave under this agreement shall be in
accordance with the National Employment Standards (NES).
33. WORK HEALTH AND SAFETY
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.
34. INCLEMENT WEATHER
(a) Inclement weather
means the existence of rain or abnormal climatic conditions, whether
hail, extreme cold, high wind, severe dust storm, extreme high
temperature of 37 degrees or the like or any combination of these
conditions, where it is not reasonable or it is unsafe for employees to
continue working in those conditions.
(b) Procedure
The employer or its representative, when requested by the employees or
their representative, must confer within a reasonable time (which does
not exceed 30 minutes). Weather will not be regarded as inclement
unless it is agreed at such conference.
If the employer or their representative refuses to confer within such
reasonable period, employees will be entitled to cease work for the day and
be paid for inclement weather.
(c) Restrictions on payments
An employee will not be entitled to payment for inclement weather as
provided for in this sub-clause unless the employee remains on-the-job
until the provisions set out in this sub-clause have been observed.
( d) Entitlement to payment
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31. PARENTAL LEAVE 31.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). 32. COMPASSIONATE LEAVE 32.1 The provisions of compassionate leave under this agreement shall be in accordance with the National Employment Standards (NES). 33. WORK HEALTH AND SAFETY 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. 34. INCLEMENT WEATHER (a) Inclement weather means the existence of rain or abnormal climatic conditions, whether hail, extreme cold, high wind, severe dust storm, extreme high temperature of 37 degrees or the like or any combination of these conditions, where it is not reasonable or it is unsafe for employees to continue working in those conditions. (b) Procedure The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 30 minutes). Weather will not be regarded as inclement unless it is agreed at such conference. If the employer or their representative refuses to confer within such reasonable period, employees will be entitled to cease work for the day and be paid for inclement weather. (c) Restrictions on payments An employee will not be entitled to payment for inclement weather as provided for in this sub-clause unless the employee remains on-the-job until the provisions set out in this sub-clause have been observed. (d) Entitlement to payment Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 33 Agreement 2021-2024
An employee will be entitled to payment by their employer for ordinary
time lost through inclement weather for up to, but not more than 32 hours
in every period of four weeks. The following conditions will apply:
(i) the first period will commence on the first Monday on or after the
1 January each year, and subsequent periods will commence at
four weekly periods thereafter;
(ii) the employee will be credited with 32 hours at the commencement
of each four weekly period. Hours will not accumulate or be
carried over;
(iii) if an employee commences employment during a four weekly
period they will be credited eight hours for each week, or part of a
week, that the employee is employed during the four weekly
period;
(iv) the number of hours credited to an employee will be reduced by
the number of hours for which payment is made; and
(v) payment under this clause will be weekly.
( e) Transfers
Employees may be transferred from one location on a site where it is
unreasonable to work due to inclement weather, to work at another
location on the same site, or another site, which is not affected by
inclement weather. Where an employee is required to transfer from one
site to another the employee will be reimbursed the cost of transport in
accordance with clause 15.4 except where the employer provides
transport.
(f) Employees required to work in inclement weather
(i) Except as provided in this sub-clause an employee will not work
or be required to work in inclement weather.
(ii) Employees required to work in inclement weather will only be
obliged to perform such work as is essential to overcome the
emergency and to restore an acceptable service and/or to secure
or make the site safe as circumstances require. Employees
engaged on such work must be paid at the rate of double time.
(iii) Where the employer requires an employee to work in inclement
weather, the employee will be reimbursed in full the cost of
appropriate protective clothing, except where the employer
provides such protective clothing.
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An employee will be entitled to payment by their employer for ordinary time lost through inclement weather for up to, but not more than 32 hours in every period of four weeks. The following conditions will apply: (i) the first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter; (ii) the employee will be credited with 32 hours at the commencement of each four weekly period. Hours will not accumulate or be carried over; (iii) if an employee commences employment during a four weekly period they will be credited eight hours for each week, or part of a week, that the employee is employed during the four weekly period; (iv) the number of hours credited to an employee will be reduced by the number of hours for which payment is made; and (v) payment under this clause will be weekly. (e) Transfers Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather. Where an employee is required to transfer from one site to another the employee will be reimbursed the cost of transport in accordance with clause 15.4 except where the employer provides transport. (f) Employees required to work in inclement weather (i) Except as provided in this sub-clause an employee will not work or be required to work in inclement weather. (ii) Employees required to work in inclement weather will only be obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make the site safe as circumstances require. Employees engaged on such work must be paid at the rate of double time. (iii) Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 34 Agreement 2021-2024
(iv) If the employee's clothing becomes wet as a result of working in
wet weather and the employee does not have a change of dry
work clothes, the employee will be entitled, at the completion of
the work, to cease work for the day without loss of pay.
(g) Cessation and resumption of work
(i) At the time employees cease work due to inclement weather the
employer or their representative on site and the employees'
representative will agree and note the time of cessation of work.
(ii) After the period of inclement weather has clearly ended the
employees will resume work and the time will be similarly agreed
and noted.
(h) Safety
Where an employee is prevented from working at their particular function
as a result of unsafe conditions caused by inclement weather, the
employee may be transferred to other work in their trade on site, until the
unsafe conditions are rectified. Where such alternative work is not
available, and until the unsafe conditions are rectified, the employee will
remain on site. The employee must be paid for such time without
reduction of their inclement weather entitlement.
(i) Additional wet weather procedure
(i) Remaining on site
Where, because of wet weather, the employees are prevented
from working:
• for more than an accumulated total of four hours of ordinary
time in any one day;
• after the meal break, as provided in clause 24 - Breaks, for
more than an accumulated total of 50% of the normal
afternoon work time;
• during the final two hours of the normal work day for more
than an accumulated total of one hour;
the employer will not be entitled to require the employees to remain on
site beyond the expiration of any of the above. Where, by agreement
between the employer and/or their representative and the employees
and/or their representative, the employees remain on site beyond the
periods specified, any such additional wet time must be paid for but will
not be debited against the employees' hours. Wet time occurring during
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(iv) If the employee's clothing becomes wet as a result of working in wet weather and the employee does not have a change of dry work clothes, the employee will be entitled, at the completion of the work, to cease work for the day without loss of pay. (g) Cessation and resumption of work At the time employees cease work due to inclement weather the € employer or their representative on site and the employees' representative will agree and note the time of cessation of work. (ii) After the period of inclement weather has clearly ended the employees will resume work and the time will be similarly agreed and noted. (h) Safety Where an employee is prevented from working at their particular function as a result of unsafe conditions caused by inclement weather, the employee may be transferred to other work in their trade on site, until the unsafe conditions are rectified. Where such alternative work is not available, and until the unsafe conditions are rectified, the employee will remain on site. The employee must be paid for such time without reduction of their inclement weather entitlement. (i) Additional wet weather procedure (i) Remaining on site Where, because of wet weather, the employees are prevented from working: for more than an accumulated total of four hours of ordinary . time in any one day; after the meal break, as provided in clause 24 - Breaks, for . more than an accumulated total of 50% of the normal afternoon work time; during the final two hours of the normal work day for more . than an accumulated total of one hour; the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above. Where, by agreement between the employer and/or their representative and the employees and/or their representative, the employees remain on site beyond the periods specified, any such additional wet time must be paid for but will not be debited against the employees' hours. Wet time occurring during Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 35 Agreement 2021-2024
overtime will not be taken into account for the purposes of this subÂ
clause.
(ii) Rain at starting time
Despite the provisions of clause o where the employees are in the
sheds, because they have been rained off, or at starting time,
morning tea, or lunch time, and it is raining, they may be required
to go to work in a dry area or to be transferred to another site
where:
• the rain stops;
• a covered walk-way has been provided;
• the sheds are under cover and the employees can get to
the dry area without going through the rain; or
• adequate protection is provided. Protection will, where
necessary, be provided for the employee's tools.
35. PROTECTIVE CLOTHING
35.1 Within 152 Hours worked, all new employees will receive the following
Protective Clothing:
(a) Two (2) Long Sleeve or Short Sleeve Shirts
(b) Two (2) Pairs of Trousers or Shorts or Overalls
(c) One (1) Pair Boots
(d) One (1) Jacket
35.2 Protective Clothing shall be replaced on a fair wear and tear basis.
35.3 The protective clothing detailed above shall be divided into two issues and
distributed to employees as a summer and winter issue.
35.4 Where an employee is required to wear protective clothing other than that
provided for above and/or use protective equipment as stipulated by an
applicable law, the employer must reimburse the employee for the cost of
such protective clothing and/or equipment. This will not apply where the
clothing and/or equipment is paid for by the employer.
35.5 The clothing detailed above can be varied following agreement between the
employer and the consultative committee.
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overtime will not be taken into account for the purposes of this sub- clause. (ii) Rain at starting time Despite the provisions of clause 0 where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they may be required to go to work in a dry area or to be transferred to another site where: the rain stops; a covered walk-way has been provided; the sheds are under cover and the employees can get to the dry area without going through the rain; or adequate protection is provided. Protection will, where . necessary, be provided for the employee's tools. 35. PROTECTIVE CLOTHING 35.1 Within 152 Hours worked, all new employees will receive the following Protective Clothing: (a) Two (2) Long Sleeve or Short Sleeve Shirts . (b) Two (2) Pairs of Trousers or Shorts or Overalls (c) One (1) Pair Boots (d) One (1) Jacket 35.2 Protective Clothing shall be replaced on a fair wear and tear basis. 35.3 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 35.4 Where an employee is required to wear protective clothing other than that provided for above and/or use protective equipment as stipulated by an applicable law, the employer must reimburse the employee for the cost of such protective clothing and/or equipment. This will not apply where the clothing and/or equipment is paid for by the employer. 35.5 The clothing detailed above can be varied following agreement between the employer and the consultative committee. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 36 Agreement 2021-2024
36. COMPENSATION FOR TOOLS AND CLOTHING
36.1 An employee whose clothes, spectacles, hearing aid, or tools have been
accidentally spoilt by acid, sulphur or other substances will be paid such
amount to cover the loss as may be agreed upon with their employer.
36.2 An employee will be reimbursed by the employer to a maximum of $1308.10
for loss of tools or clothing by fire or breaking and entering whilst securely
stored at the employer's direction in a room or building on the employer's
premises, job or workshop or if the tools are lost or stolen while being
transported by the employee at the employers' direction, or if the tools are
accidentally lost over water or if tools are lost or stolen during an employee's
absence after leaving the job because of injury or illness. An employee
transporting their own tools will take all reasonable care to protect those tools
and prevent theft or loss.
36.3 Where an employee is absent from work because of illness or accident and
has advised the employer in accordance with clause 30 - Personal leave, the
employer will ensure that the employee's tools are securely stored during
his/her absence. In the event that these tools are lost or stolen, clause 36.2
applies.
36.4 When the employer requires an employee to wear spectacles with toughened
glass lenses the employer will pay for the toughening process or the cost of
the new lenses.
36.5 For the purposes of this clause:
37.
(a) Only tools used by the employee in the course of their employment will
be covered by this clause. In that regard a list of tools appropriate for this
purpose is contained in the Tool List.
(b) The employee will, if requested to do so, furnish the employer with a list
of tools so used.
(c) Reimbursement will be at the current replacement value of new tools of
the same or comparable quality.
(d) The employee will report any theft to the company and the police prior to
making a claim on the employer for replacement of stolen tools.
PRESENTING FOR WORK BUT NOT REQUIRED
An employee, if engaged and presenting for work to commence employment
and not being required will be entitled to at least eight hours' work or payment
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36. COMPENSATION FOR TOOLS AND CLOTHING 36.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss as may be agreed upon with their employer. 36.2 An employee will be reimbursed by the employer to a maximum of $1308.10 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or if the tools are lost or stolen while being transported by the employee at the employers' direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 36.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 30 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 36.2 applies. 36.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 36.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained in the Tool List. (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. (c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the company and the police prior to making a claim on the employer for replacement of stolen tools. 37. PRESENTING FOR WORK BUT NOT REQUIRED An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours' work or payment Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 37 Agreement 2021-2024
therefore at ordinary rates, plus the appropriate allowance prescribed by
clause 15 - Travel Allowance. This clause will not apply if the services of an
employee are not required by reason of inclement weather in which case the
provisions of clause 34 - Inclement Weather, will apply.
38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
38.1 This clause applies to all employees, including casuals.
38.2 Definitions
(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.
(b) A reference to a spouse or de facto partner in the definition of family
member in clause 38.2(a) includes a former spouse or de facto
partner.
38.3 Entitlement to unpaid leave
An employee is entitled to 5 days' unpaid leave to deal with family and
domestic violence, as follows:
(a) the leave is available in full at the start of each 12 month period of the
employee's employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note: 1. A period of leave to deal with family and domestic violence may be less
than a day by agreement between the employee and the employer.
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therefore at ordinary rates, plus the appropriate allowance prescribed by clause 15 - Travel Allowance. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of clause 34 - Inclement Weather, will apply. 38. .LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 38.1 This clause applies to all employees, including casuals. 38.2 Definitions (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. (b) A reference to a spouse or de facto partner in the definition of family member in clause 38.2(a) includes a former spouse or de facto partner. 38.3 Entitlement to unpaid leave An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12 month period of the employee's employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual employees. Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 38 Agreement 2021-2024
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
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.
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.
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.
38.7 Confidentiality
(a) Employers must take steps to ensure information concerning any
notice an employee has given, or evidence an employee has provided
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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 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. 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. 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. 38.7 Confidentiality (a) Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 39 Agreement 2021-2024
under clause 38.6 is treated confidentially, as far as it is reasonably
practicable to do so.
(b) 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: Information concerning an employee's experience of family and
domestic 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.
38.8 Compliance
An employee is not entitled to take leave under clause 38 unless the employee
complies with clause 38.
39. DISPUTE SETTLEMENT PROCEDURE
39.1 In the event of a dispute about a matter under this award, or a dispute in
relation to the NES, in the first instance the parties must attempt to resolve the
matter at the workplace by discussions between the employee or employees
concerned and the relevant supervisor. If such discussions do not resolve the
dispute, the parties will endeavour to resolve the dispute in a timely manner by
discussions between the employee or employees concerned and more senior
levels of management as appropriate.
39.2 If a dispute about a matter arising under this award or a dispute in relation to
the NES is unable to be resolved at the workplace, and all appropriate steps
under clause 39.1 have been taken, a party to the dispute may refer the
dispute to the Fair Work Commission.
39.3 The parties may agree on the process to be utilised by the Fair Work
Commission including mediation, conciliation and consent arbitration.
39.4 Where the matter in dispute remains unresolved, the Fair Work Commission
may exercise any method of dispute resolution permitted by the Act that it
considers appropriate to ensure the settlement of the dispute.
39.5 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".
39.6 An employer or employee may appoint another person, organisation or
association to accompany and/or represent them for the purposes of this
clause.
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under clause 38.6 is treated confidentially, as far as it is reasonably (b) 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: Information concerning an employee's experience of family and domestic 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. 38.8 Compliance An employee is not entitled to take leave under clause 38 unless the employee complies with clause 38. 39. DISPUTE SETTLEMENT PROCEDURE 39.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 39.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 39.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission. 39.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration. 39.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute. 39.5 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". 39.6 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 40 Agreement 2021-2024
39.7 While the dispute resolution procedure is being conducted, work must
continue in accordance with this award and the Act. Subject to applicable
occupational health and safety legislation, an employee must not
unreasonably fail to comply with a direction by the employer to perform work,
whether at the same or another workplace that is safe and appropriate for the
employee to perform.
40. ANTI-DISCRIMINATION
40.1 It is the intention of the parties to this Agreement to achieve the principal
object in s3 (e) of the Fair Work Act 2009 through respecting and valuing the
diversity of the workforce by helping to prevent and eliminate discrimination on
the basis of race, colour, sex preference, age, physical or mental disability,
marital status, family responsibilities, pregnancy, religion, political opinion,
national extraction or social origin.
40.2 Accordingly, in fulfilling their obligations under the settlement of disputes
clause, the respondents must make every endeavour to ensure that neither
the agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
40.3 Nothing in this clause is to be taken to affect any different treatment (or
treatment having different effects) which is specifically exempted under the
Commonwealth Anti-Discrimination Legislation;
41. POSTING OF AGREEMENT
A copy of this Agreement, the Plumbing and Fire Sprinklers Award 2010
(MA000036), and the NES will be kept by the employer in a prominent place
on the employer's premises where it is readily accessible to employees.
42. WORKPLACE FLEXIBILITY
42.1 The terms of the Agreement may be varied by an individual flexibility
arrangement ("IFA").
42.2 The Employer will not make an IFA unless the following conditions are
satisfied:
42.3 The IFA must be about matters that would be permitted matters if the
arrangement were an enterprise agreement;
42.4 The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement;
42.5 The IFA must be genuinely agreed to by the employer and the employee;
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39.7 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace that is safe and appropriate for the employee to perform. 40. ANTI-DISCRIMINATION 40.1 It is the intention of the parties to this Agreement to achieve the principal object in s3 (e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 40.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause, the respondents must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 40.3 Nothing in this clause is to be taken to affect any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth Anti-Discrimination Legislation; 41. POSTING OF AGREEMENT A copy of this Agreement, the Plumbing and Fire Sprinklers Award 2010 (MA000036), and the NES will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employees. 42. WORKPLACE FLEXIBILITY 42.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 42.2 The Employer will not make an IFA unless the following conditions are satisfied: 42.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; 42.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; 42.5 The IFA must be genuinely agreed to by the employer and the employee; Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 41 Agreement 2021-2024
42.6 The IFA must result in the employee being better off overall than the
employee would have been if no individual flexibility arrangement were agreed
to.
42.7 The IFA must be able to be terminated:
42.8 by either the employee, or the employer, giving written notice of not more than
28 days; or
42.9 by the employee and the employer at any time if they agree, in writing, to the
termination.
42.10 The IFA must be in writing and signed:
42.11 in all cases by the employee and the employer; and
42.12 if the employee is under 18 by a parent or guardian of the employee; and
42.13 The IFA must be given to the employee within 14 days after it is agreed to.
43. MODEL CONSULTATION CLAUSE
43.1 This term applies if the employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise
that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of
work of employees.
Major change
43.2 For a major change referred to in paragraph 43.1 (a):
(a) the employer must notify the relevant employees of the decision to
introduce the major change; and
(b) subclauses 43.3 to 43.9 apply.
43.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.4 If:
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42.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 42.7 The IFA must be able to be terminated: 42.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 42.9 by the employee and the employer at any time if they agree, in writing, to the termination. 42.10 The IFA must be in writing and signed: 42.11 in all cases by the employee and the employer; and 42.12 if the employee is under 18 by a parent or guardian of the employee; and 42.13 The IFA must be given to the employee within 14 days after it is agreed to. 43. MODEL CONSULTATION CLAUSE 43.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change 43.2 For a major change referred to in paragraph 43.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 43.3 to 43.9 apply. 43.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.4 If: Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 42 Agreement 2021-2024
(a) relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
43.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse
effect of the change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of
the change proposed; and
(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.
43.6 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
43.7 The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
43.8 If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the
employer, the requirements set out in paragraph 43.2(a) and subclauses 43.3
and 43.5 are taken not to apply.
43.9 In this term, a major change is likely to have a significant effect on employees if
it results in:
(a) the termination of the employment of employees; or
(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
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(a) relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 43.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employees: all relevant information about the change including the nature of E the change proposed; and information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 43.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 43.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 43.2(a) and subclauses 43.3 and 43.5 are taken not to apply. 43.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 43 Agreement 2021-2024
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
43.10 For a change referred to in paragraph 43.1 (b):
(a) the employer must notify the relevant employees of the proposed
change; and
(b) subclauses 43.11 to 43.15 apply.
43.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.12 If:
(a)
(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;
the employer must recognise the representative.
43.13 As soon as practicable after proposing to introduce the change, the employer
must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion-provide to the relevant employees:
(i) all relevant information about the change, including the nature of
the change; and
(ii) information about what the employer reasonably believes will be
the effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
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(d) the alteration of hours of work; or e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or g) the restructuring of jobs. Change to regular roster or ordinary hours of work 43.10 For a change referred to in paragraph 43.1 (b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 43.11 to 43.15 apply. 43.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 43.13 As soon as practicable after proposing to introduce the change, the employer must: a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: € 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) Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 44 Agreement 2021-2024
43.14 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
43.15 The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
43.16 In this term:
44.
relevant employees means the employees who may be affected by a change
referred to in subclause 43.1
LICENSE(S)
In accordance with the Canberra Sewage & Water Supply regulations, all
plumbers working directly on sanitary drainage, gas or hot and cold water
must hold a minimum of a Journeyman's license. The rates of pay by way of
Appendix 1 allow for a "licensed plumber on construction". Any person not
holding a current license will be paid at the journeyman rate but may not be
able to work directly on the above disciplines until such time the license is
issued.
45. CODE COMPLIANCE / SEVERABILITY
In the event that the Code comes into force and a provision of this Agreement
is deemed as being non-compliant with the Code, the parties will take all
necessary and reasonable steps to vary the Agreement so that the nonÂ
compliant provision of the Agreement is Code compliant.
Actions taken by a party under this clause are not an extra claim.
Severability:
It is the intention of those covered by this Agreement that the Agreement
contains only permitted matters under the Fair Work Act 2009.
The severance of any term of this Agreement that is, in whole, or in part, of no
effect by virtue of the operation of s 253 of the Fair Work Act shall not be
taken to affect the binding force and effect of the remainder of the Agreement.
To the extent it is possible, all terms should be interpreted in a manner that
would make them permitted matters.
46. JURY SERVICE MAKE-UP PAY
An employee required to attend for jury service will be entitled to have their pay
made up by the employer to an amount equal to their ordinary pay for eight
hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary
Hours of work per day plus Travel Allowance. The employee will give the
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43.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 43.16 In this term: relevant employees means the employees who may be affected by a change referred to in subclause 43.1 44. LICENSE(S) In accordance with the Canberra Sewage & Water Supply regulations, all plumbers working directly on sanitary drainage, gas or hot and cold water must hold a minimum of a Journeyman's license. The rates of pay by way of Appendix 1 allow for a "licensed plumber on construction". Any person not holding a current license will be paid at the journeyman rate but may not be able to work directly on the above disciplines until such time the license is issued. 45. CODE COMPLIANCE / SEVERABILITY In the event that the Code comes into force and a provision of this Agreement is deemed as being non-compliant with the Code, the parties will take all necessary and reasonable steps to vary the Agreement so that the non- compliant provision of the Agreement is Code compliant. Actions taken by a party under this clause are not an extra claim. Severability: It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the Fair Work Act 2009. The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the Fair Work Act shall not be taken to affect the binding force and effect of the remainder of the Agreement. To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. 46. JURY SERVICE MAKE-UP PAY An employee required to attend for jury service will be entitled to have their pay made up by the employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary Hours of work per day plus Travel Allowance. The employee will give the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 45 Agreement 2021-2024
employer proof of such attendance and the amount received in respect of such
jury service. The employee must notify the Company as soon as practicable of
the date upon which their attendance is required and must provide the Company
with proof of attendance, the duration of such attendance, and the amount
received in respect thereof.
47 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 37 degrees, there will be an orderly cessation
of work and preparations for safe completions of critical tasks currently under
way.
During periods of hot weather, if there are areas of the workplace that are
below 37°, work shall continue as normal. Workers will walk a reasonable
distance through the open to and from amenities, provided it does not pose a
serious threat to their health or safety.
46.1 Monitoring of Temperature
Temperatures shall be measured on site by a temperature gauge compliant to
Australian Standards and located as agreed by the HSR and the WHS
Committee.
Temperatures shall be monitored during the course of the day by the
Company and the HSR.
If gauges are not available - or malfunction, readings shall be taken from the
nearest
Bureau of Meteorology (BOM) weather station.
46.2 Humidity
Humidity creates a significant risk to workers' health and safety. Consultation
with workers must take place when humidity exceeds 75% to assess all risks
associated with the work being performed. Things taken into account shall
include:
• Monitoring and improving air FLDw/ventilation;
• The health/medical conditions of individual workers;
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employer proof of such attendance and the amount received in respect of such jury service. The employee must notify the Company as soon as practicable of the date upon which their attendance is required and must provide the Company with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 47 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 37 degrees, there will be an orderly cessation of work and preparations for safe completions of critical tasks currently under way. During periods of hot weather, if there are areas of the workplace that are below 37º, work shall continue as normal. Workers will walk a reasonable distance through the open to and from amenities, provided it does not pose a serious threat to their health or safety. 46.1 Monitoring of Temperature Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards and located as agreed by the HSR and the WHS Committee. Temperatures shall be monitored during the course of the day by the Company and the HSR. If gauges are not available - or malfunction, readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 46.2 Humidity Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks associated with the work being performed. Things taken into account shall include: Monitoring and improving air FLDw/ventilation; . . The health/medical conditions of individual workers; Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 46 Agreement 2021-2024
• 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. AirÂ
conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision.
46.3 Guide to Heat Stress symptoms
Heat illness covers a range of medical conditions that can arise when the
body is unable to properly cope with working in heat. These conditions
include:
• Heat stroke - a life threatening condition that requires immediate first
aid and medical attention;
• Fainting;
• Heat exhaustion I fatigue;
• Heat cramps;
• Rashes (also called prickly heat); and
• Magnifying of pre-existing illnesses and conditions.
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or
weak. Clumsiness collapse and convulsions may also be experienced as a
result of heat illness. Workers with these signs or symptoms need to seek
immediate medical attention.
46.4 Control Measures
The following control measures shall be employed on site to prevent the
effects of Heat Stress:
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. Rescheduling work so that tasks are performed in cooler, less humid parts of the day; Job rotation to reduce the amount of direct exposure to humidity; Provision of temporary shade and electric fans; Scheduled hourly drink breaks of approximately 5-10 minutes in shade; Provision of cool drinking water; .. Provision of extra and regular work breaks in cooler areas (i.e. Air- conditioned site sheds); Use of mechanical aids to reduce physical exertion; and . . Adequate supervision. 46.3 Guide to Heat Stress symptoms Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: Heat stroke - a life threatening condition that requires immediate first aid and medical attention; . Fainting; Heat exhaustion I fatigue; . . Heat cramps; . . Rashes (also called prickly heat); and Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 46.4 Control Measures The following control measures shall be employed on site to prevent the effects of Heat Stress: Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 47 Agreement 2021-2024
• Workers shall have easy access to cool, clean drinking water;
• Caffeinated drinks should be avoided as they promote dehydration;
• Mist busters will be deployed for dust suppression and aid in worker
comfort in earthworks zones;
• Physical activity/tasks reduced where possible;
• Rotation of workers;
• Work in cooler parts of the day;
• Utilise Shaded areas;
• Reduction of PPE, where permissible;
• Wear light clothing under coveralls;
• Individuals should seek medical advice on the effect of medication
being taken and communicate with the Company and/or the HSR if
they believe necessary;
• In addition, rest breaks as needed by an individual. Individuals should
not be discouraged from taking needed rest breaks;
• It is expected mandated breaks of "smoko" and lunch be adhered to;
and Training.
46.5 Incident Response/ First Aid
Employees experiencing symptoms of heat stress must report to the first aid
shed and receive medical attention. If unable to walk to the shed, normal first
aid procedures will apply.
46. 7 Incident Reporting
All heat related incidents are to be reported to the Company and the PCBU.
After any reported heat related incident, the Company shall immediately
advise the HSR, site WHS Committee and the PCBU.
The Company must advise the HSR, site WHS Committee and PCBU of any
lost time injuries, discomfort or related complaints and absenteeism related to
heat.
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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. 46.5 Incident Response / First Aid Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. 46.7 Incident Reporting All heat related incidents are to be reported to the Company and the PCBU. After any reported heat related incident, the Company shall immediately advise the HSR, site WHS Committee and the PCBU. The Company must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 48 Agreement 2021-2024
46.8 Training
All workers will be trained in mitigating and recognising heat stress illness
symptoms, in themselves and others. With refresher training to take place
annually. First Aiders need to be specifically trained in responding to heat
related incidences.Training shall be provided by a suitably qualified
organisation.
46.9 Sun Safe Tips
In addition to the effects of heat, skin cancers are a major concern for workers
in the industry. The company shall ensure the following principles are
implemented:
• Employees are provided with and wear a broad brim hard hat
attachment including neck flap;
• Employees are provided with and wear light coloured, long-sleeved
collared shirts with a minimum UPF of 50+;
• Employees are provided with and wear long trousers or shorts that go
to the knee;
• The company must ensure clothing is lightweight, comfortable, well
ventilated and does not restrict movement;
• Employees are provided sunglasses that meet Australian Standards
and are safe for driving;
• Employees are provided with a broad spectrum sunscreen with a
minimum SPF of 30+ and lip balm;
• Employees are provided with portable shade where possible and are
advised to work in natural shade where possible;
• New employees at any site shall be informed, trained and supervised
in sun safe techniques;
• All building workers should have their skin checked regularly by a
doctor, regardless of age; and
• Employees are encouraged to monitor their skin and look out for new
or unusual spots, a sore that won't heal, or a spot or mole that has.
changed size, shape or colour.
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46.8 Training All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. With refresher training to take place annually. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 46.9 Sun Safe Tips In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The company shall ensure the following principles are implemented: Employees are provided with and wear a broad brim hard hat attachment including neck flap; . Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+; . Employees are provided with and wear long trousers or shorts that go to the knee; The company must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement; . Employees are provided sunglasses that meet Australian Standards and are safe for driving; £ . Employees are provided with a broad spectrum sunscreen with a minimum SPF of 30+ and lip balm; . Employees are provided with portable shade where possible and are advised to work in natural shade where possible; . New employees at any site shall be informed, trained and supervised in sun safe techniques; . All building workers should have their skin checked regularly by a doctor, regardless of age; and . Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 49 Agreement 2021-2024
APPENDIX 1 - RATES OF PAY - Table 1
From Commencement Of Agreement
Plumber
Drainer
Plant Operator
Productivity
Travel Allowance
Superannuation
Redundancy
24hr Top Up Ins.
Trades Assistant
P/H
P/H
P/H
P/H
P/D
P/W
P/W
P/W
P/H
APPENDIX 2 - RATES OF PAY - Table 2
Rates of Pay from 1st June 2021
Plumber
Drainer
Plant Operator
Productivity
Travel Allowance
Superannuation
Redundancy
24hr Top Up Ins.
Trade Assistant
P/H
P/H
P/H
P/H
P/D
P/W
P/W
P/W
P/H
$36.63
$31.95
$28.70
$5.20
$25
SGC
$120
$15
$24.29
$37.73
$32.90
$29.56
$5.20
$23.69
SGC
$120
$15
$25.02
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APPENDIX 1 - RATES OF PAY - Table 1 From Commencement Of Agreement Plumber P/H $36.63 Drainer P/H $31.95 Plant Operator P/H $28.70 Productivity P/H $5.20 Travel Allowance P/D $25 Superannuation P/W SGC Redundancy P/W $120 24hr Top Up Ins. /W $15 Trades Assistant P/H $24.29 APPENDIX 2 - RATES OF PAY - Table 2 Rates of Pay from 1st June 2021 Plumber P/H $37.73 Drainer P/H $32.90 Plant Operator P/H $29.56 Productivity P/H $5.20 Travel Allowance /D $23.69 Superannuation P/W SGC Redundancy P/W $120 24hr Top Up Ins. P/W $15 Trade Assistant P/H $25.02 Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 50 Agreement 2021-2024
APPENDIX 3 - RATES OF PAY - Table 3
Rates of Pay from 1st June 2022
Plumber
Drainer
Plant Operator
Productivity
Travel Allowance
Superannuation
Redundancy
24hr Top Up Ins.
Trade Assistant
P/H
P/H
P/H
P/H
P/D
P/W
P/W
P/W
P/H
APPENDIX 4 - RA TES OF PAY - Table 4
Rates of Pay from 1st June 2023
Plumber
Drainer
Plant Operator
Productivity
Travel Allowance
Superannuation
Redundancy
24hr Top Up Ins.
Trade Assistant
P/H
P/H
P/H
P/H
P/D
P/W
P/W
P/W
P/H
$39.23
$34.23
$30.74
$5.20
$25
SGC
$120
$15
$26.02
$40.80
$35.59
$31.97
$5.20
$25
SGC
$120
$15
$27.06
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APPENDIX 3 - RATES OF PAY - Table 3 Rates of Pay from 1st June 2022 Plumber P/H $39.23 Drainer P/H $34.23 Plant Operator P/H $30.74 Productivity º/H $5.20 Travel Allowance P/D $25 Superannuation P/W GC Redundancy P/W $120 24hr Top Up Ins. P/W $15 Trade Assistant P/H $26.02 APPENDIX 4 - RATES OF PAY - Table 4 Rates of Pay from 1st June 2023 Plumber P/H $40.80 Drainer P/H $35.59 Plant Operator P/H $31.97 Productivity P/H $5.20 Travel Allowance P/D $25 Superannuation P/W SGC Redundancy P/W $120 24hr Top Up Ins. P/W $15 Trade Assistant P/H $27.06 Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 51 Agreement 2021-2024
APPENDIX 5 - RATES OF PAY - Table 1
Junior Apprentice Rates
First Year $16.56 $17.06
Second Year $18.91 $19.48
Third Year $20.10 $20.70
Fourth Year $24.79 $25.54
APPENDIX 6 - RATES OF PAY - Table 1
Adult Apprentice Rates
First Year $23.38 $24.08
Second Year $23.38 $24.08
Third Year $23.38 $24.08
Fourth Year $24.79 $25.54
APPENDIX 7 - Travel Allowance - Table 1
$17.57
$20.06
$21.32
$26.30
$24.80
$24.80
$24.80
$26.30
Tradesperson I Plant Operator / Trade Assit
1 year Apprentice
2 year Apprentice
3 year Apprentice
4 year Apprentice
Mature Age 1-3 years
Mature Age 4th year
$18.10
$20.66
$21.96
$27.09
$25.55
$25.55
$25.55
$27.09
$25.00
$11.30
$12.91
$13.72
$16.92
$15.96
$16.92
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APPENDIX 5 - RATES OF PAY - Table 1 Junior Apprentice Rates Base Hourly Rate of Pay at Base hourly Base Hourly Base Hourly Rate of pay Rate of Pay Rate of Pay commencement of agreement 1st July 2021 1st July 2022 1st July 2023 First Year $16.56 $17.06 $17.57 $18.10 Second Year | $18.91 $19.48 $20.06 $20.66 Third Year $20.10 $20.70 $21.32 $21.96 Fourth Year $24.79 $25.54 $26.30 $27.09 APPENDIX 6 - RATES OF PAY - Table 1 Adult Apprentice Rates Base Hourly Rate of Pay at Base hourly Base Hourly Base Hourly Rate of pay Rate of Pay Rate of Pay commencement of agreement 1st July 2021 1st July 2022 1st July 2023 First Year $23.38 $24.08 $24.80 $25.55 Second Year $23.38 $24.08 $24.80 $25.55 Third Year $23.38 $24.08 $24.80 $25.55 Fourth Year $24.79 $25.54 $26.30 $27.09 APPENDIX 7 - Travel Allowance - Table 1 Tradesperson / Plant Operator / Trade Assit $25.00 1 year Apprentice $11.30 2 year Apprentice $12.91 3 year Apprentice $13.72 4 year Apprentice $16.92 Mature Age 1-3 years $15.96 Mature Age 4th year $16.92 Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 52 Agreement 2021-2024
APPENDIX 8 - List of Tools
1 x pair 225mm Footprints 1 x 150mm Crescent shiftinQ spanner
1 x pair 250mm Stillsons 1 x 300mm crescent shiftinq spanner
1 x pair 450mm Stillsons 1 x 250mm rasp & handle
1 x pair 250mm Vice Grips 1 x 250mm half round file & handle
1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225)
1 x pair 225mm Multiqrips 1 x iunior hacksaw
1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm
1 x pair 300mm straiqht snips 1 x tapered bent pin
1 x pair 175mm curved snips 1 x pointinQ towel
1 x pair left hand wiss snips 1 x basin spanner
1 x pair riQht hand wiss snips 1 x strap bench
1 x pair pop rivet pliers 1 x centre punch
1 x pair 200mm dividers 1 x prick punch
1 x pair 15mm coooer tube benders 1 x nail baa
1 x set alien keys 1mm-10mm 1 x tool box or carry all or equivalent
1 x set ratchet socket wrench 6-25mm or 1 x pluaaina chisel
1 x set open endlrinQ spanners 6-16mm 1 x 13mm cold chisel
1 x screw driver 200mm Phillips 1 x 25mm cold chisel
2 x screw driver 150mm Phillips 1 x Stanley knife
1 x screw driver 300mm slotted 1 x flint aun
1 x screw driver 200mm slotted 1 x oxy key
1 x cross pein hammer 10 oz 1 x 8 metre measuring Tape
1 x hand wood saw 660mm per year- replaced by
1 x ball Pein hammer 20 oz employer on a fair ware and tare basis
1 x claw hammer 20 oz 1 x PVC conduit cutters
1 x trap or spud wrench
1 x lump hammer 4LB 1 x battery drill with battery and charqer
1 x bevel square 250mm
1 x set square 300mm In addition to the above list (where applicable) the tool
1 x line level list for Drainers shall include the following:
1 x spirit level 600mm
1 x brickies strina line 1 x 1200mm level
1 x chaulk-o-matic 1 x 30m measurinq tape
1 x plumbob 450gr 1 x wood float
1 x 25mm wood chisel 1 x steel float
1 x wire brush 1 x edqinq tool
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APPENDIX 8 - List of Tools 1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 1 x pair 250mm Stillsons 1 x 300mm crescent shifting spanner 1 x pair 450mm Stillsons 1 x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225) 1 x pair 225mm Multigrips 1 x junior hacksaw 1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm 1 x pair 300mm straight snips 1 x tapered bent pin 1 x pair 175mm curved snips 1 x pointing towel 1 x pair left hand wiss snips 1 x basin spanner 1 x pair right hand wiss snips 1 x strap bench 1 x pair pop rivet pliers 1 x centre punch 1 x pair 200mm dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x set allen keys 1mm-10mm 1 x tool box or carry all or equivalent 1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel 1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel 1 x screw driver 200mm Phillips 1 x 25mm cold chisel 2 x screw driver 150mm Phillips 1 x Stanley knife 1 x screw driver 300mm slotted 1 x flint gun 1 x screw driver 200mm slotted 1 x oxy key 1 x cross pein hammer 10 oz 1 x 8 metre measuring Tape 1 x hand wood saw 660mm per year- replaced by 1 x ball pein hammer 20 oz employer on a fair ware and tare basis 1 x claw hammer 20 oz 1 x PVC conduit cutters 1 x trap or spud wrench 1 x lump hammer 4LB 1 x battery drill with battery and charger 1 x bevel square 250mm 1 x set square 300mm In addition to the above list (where applicable) the tool 1 x line level list for Drainers shall include the following: 1 x spirit level 600mm 1 x brickies string line 1 x 1200mm level 1 x chaulk-o-matic 1 x 30m measuring tape 1 x plumbob 450gr 1 x wood float 1 x 25mm wood chisel 1 x steel float 1 x wire brush 1 x edging tool Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 53 Agreement 2021-2024
Schedule A - RDO Calendars 2021 (38 hour)
1st January Public Holiday (New Year's Day)
25th January RDO
26th January Public Holiday (Australia Day)
22nd February RDO
8th March Public Holiday (Canberra Day)
9th March RDO
2nd April Public Holiday (Good Friday)
3rd April Public Holiday (Easter Saturday)
5th April Public Holiday (Easter Monday)
6th April RDO
25th April Anzac Day
26th April Pubic Holiday
27th April RDO
28th May RDO
31st May Public Holiday(Reconciliation Day)
14th June Public Holiday (Queen's Birthday)
15th June RDO
26th July RDO
30th August RDO
27th September RDO
4th October Public Holidays (Labour Day)
5th October RDO
22nd November RDO
27th December Public Holiday (substitute day)
28th December Public Holiday (substitute day)
29th December RDO
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Schedule A - RDO Calendars 2021 (38 hour) 1st January Public Holiday (New Year's Day) 25th January RDO 26th January Public Holiday (Australia Day) 22nd February RDO 8th March Public Holiday (Canberra Day) 9th March RDO 2nd April Public Holiday (Good Friday) 3rd April Public Holiday (Easter Saturday) 5th April Public Holiday (Easter Monday) 6th April RDO 25th April Anzac Day 26th April Pubic Holiday 27th April RDO 28th May RDO 31st May Public Holiday(Reconciliation Day) 14th June Public Holiday (Queen's Birthday) 15th June RDO 26th July RDO 30th August RDO 27th September RDO 4th October Public Holidays (Labour Day) 5th October RDO 22nd November RDO 27th December Public Holiday (substitute day) 28th December Public Holiday (substitute day) 29th December RDO Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 54 Agreement 2021-2024
Schedule A - RDO Calendars 2022 {38 hour)
3rd January Public Holiday (New Year's Day)
26th January Public Holiday (Australia Day)
27th January RDO
21st February RDO
14th March Public Holiday(Canberra Day)
15th March RDO
15th April Public Holiday (Good Friday)
16th April Public Holiday (Easter Saturday)
18th April Public Holiday (Easter Monday)
19th April RDO
2sth April Public Holiday(Anzac Day)
26th April RDO
27th May RDO
30th May Public Holiday(Reconciliation Day)
13th June Public Holiday (Queen's Birthday)
14th June RDO
25th July RDO
29rd August RDO
26th September RDO
3rd October Public Holidays (Labour Day)
4th October RDO
21st November RDO
26th December Public Holiday (boxing day)
27th December Public Holiday (substitute day)
28th December RDO
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Schedule A - RDO Calendars 2022 (38 hour) 3rd January Public Holiday (New Year's Day) 26th January Public Holiday (Australia Day) 27th January RDO 21st February RDO 14th March Public Holiday(Canberra Day) 15th March RDO 15th April Public Holiday (Good Friday) 16th April Public Holiday (Easter Saturday) 18th April Public Holiday (Easter Monday) 19th April RDO 25th April Public Holiday(Anzac Day) 26th April RDO 27th May RDO 30th May Public Holiday(Reconciliation Day) 13th June Public Holiday (Queen's Birthday) 14th June RDO 25th July RDO 29rd August RDO 26th September RDO 3rd October Public Holidays (Labour Day) 4th October RDO 21st November RDO 26th December Public Holiday (boxing day) 27th December Public Holiday (substitute day) 28th December RDO Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 55 Agreement 2021-2024
Schedule A - RDO Calendars 2023 (38 hour)
2nd January Public Holiday (New Year's Day)
26th January Public Holiday (Australia Day)
27th January RDO
20nd February RDO
13th March Public Holiday (Canberra Day)
14th March RDO
7th April Public Holiday (Good Friday)
8th April Public Holiday (Easter Saturday)
10th April Public Holiday (Easter Monday)
11th April RDO
24th April RDO
25th April Public Holiday(Anzac Day)
26th May RDO
29th May Public Holiday(Reconciliation Day)
12th June Public Holiday (Queen's Birthday)
13th June RDO
24th July RDO
21rd August RDO
25th September RDO
2nd October Public Holiday (Labour Day)
3rd October RDO
20th November RDO
25th December Public Holiday (Christmas Day)
26th December Public Holiday (Boxing Day)
27th December RDO
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Schedule A - RDO Calendars 2023 (38 hour) 2nd January Public Holiday (New Year's Day) 26th January Public Holiday (Australia Day) 27th January RDO 20nd February RDO 13th March Public Holiday (Canberra Day) 14th March RDO 7th April Public Holiday (Good Friday) 8th April Public Holiday (Easter Saturday) 10th April Public Holiday (Easter Monday) 11th April RDO 24th April RDO 25th April Public Holiday(Anzac Day) 26th May RDO 29th May Public Holiday(Reconciliation Day) 12th June Public Holiday (Queen's Birthday) 13th June RDO 24th July RDO 21rd August RDO 25th September RDO 2nd October Public Holiday (Labour Day) 3rd October RDO 20th November RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December RDO Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 56 Agreement 2021-2024
Schedule A - RDO Calendars 2024 (38 hour)
1st January Public Holiday (New Year's Day)
25th January RDO
26th January Public Holiday (Australia Day)
20nd February RDO
11th March Public Holiday (Canberra Day)
12th March RDO
29th March Public Holiday (Good Friday)
30th March Public Holiday (Easter Saturday)
1 st April Public Holiday (Easter Monday)
2nd April RDO
23rd May RDO
27th May Public Holiday(Reconciliation Day)
25th April Public Holiday(Anzac Day)
26th April RDO
10th June Public Holiday (Queen's Birthday)
11th June RDO
24th July RDO
2Fd August RDO
25th September RDO
7th October Public Holiday (Labour Day)
8th October RDO
23rd November RDO
25th December Public Holiday (Christmas Day)
26th December Public Holiday (Boxing Day)
27th December RDO
Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 57
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Schedule A - RDO Calendars 2024 (38 hour) 1st January Public Holiday (New Year's Day) 25th January RDO 26th January Public Holiday (Australia Day) 20nd February RDO 11th March Public Holiday (Canberra Day) 12th March RDO 29th March Public Holiday (Good Friday) 30th March Public Holiday (Easter Saturday) 1st April Public Holiday (Easter Monday) 2nd April RDO 23rd May RDO 27th May Public Holiday(Reconciliation Day) 25th April Public Holiday(Anzac Day) 26th April RDO 10th June Public Holiday (Queen's Birthday) 11th June RDO 24th July RDO 21rd August RDO 25th September RDO 7th October Public Holiday (Labour Day) 8th October RDO 23rd November RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December RDO Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 57 Agreement 2021-2024
SIGNATORY PAGE
For and on behalf of Capital Maintenance Solutions Pty Ltd
Signature
Name: Cameron Zerner
Position: Operations Manager
ABN: 12 611 672 961
Company address: PO Box 23, Fyshwick ACT 2609
Company telephone: 02 61620046
Email: cameron@capitalms.com.au
For and on behalf of
CEPU Plumbing Division (NSW Branch)
Signature
Name:
Position:
Branch address:
Theo Samartzopoulos
NSW State Secretary
Shop 1, 111 McEvoy Street
Alexandria NSW 2015
Date
Date
Telephone:
Email:
(02) 9310-3411
theo@nswplumbersunion .com.au
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SIGNATORY PAGE For and on behalf of Capital Maintenance Solutions Pty Ltd - Signature Date Name: Cameron Zerner Position: Operations Manager ABN: 12 611 672 961 Company address: PO Box 23, Fyshwick ACT 2609 Company telephone: 02 61620046 Email For and on behalf of CEPU Plumbing Division (NSW Branch) 3/8/22 Signature Date Name: Theo Samartzopoulos Position: NSW State Secretary Branch address: Shop 1, 111 McEvoy Street Alexandria NSW 2015 Telephone: (02) 9310-3411 Email: Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise 58 Agreement 2021-2024
3/8/22
(f(LA.PITAL"
__,PLUMBING I ROOFING
IN THE FAIR WORK COMMISSION
FWC Matter No. : 2022/3288
APPLICANT: Cameron Zerner
Section 185 - Application for approval of a single enterprise agreement
Undertaking- Section 190
Capital Maintenance Solutions
t/a Petherbridge Roofing
ABN: 12 611 672 961
T: {02) 6162 0046
E: admin@capitalms.com.au
W: www.capitalms.com .au
I, Cameron Zerner , Operations Manager of Capital Maintenance Solutions give the following
undertakings with respect to the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing
Enterprise Agreement 2021-2024 ("the Agreement") :
1. I have the authority given to me by Capital Maintenance Solutions Pty Ltd Pty Ltd to provide this
undertaking in relation to the application before the Fair Work Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where
there is an inconsistency between the NES and a clause of this agreement, the NES will apply and
the clause of the agreement will not apply, except to the extent that the clause of the agreement
provides for a more beneficial outcome for employees than the NES.
3. All disputes arising under this Agreement will follow the procedure outlined as per Clause 39 Dispute
Settlement Procedure.
4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the
application before the Fair Work Commission.
Signature
Date
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Capital Maintenance Solutions t/a Petherbridge Roofing S ABN: 12 611 672 961 T: (02) 6162 0046 E IN THE FAIR WORK COMMISSION FWC Matter No .: 2022/3288 APPLICANT: Cameron Zerner Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, Operations Manager of Capital Maintenance Solutions give the following undertakings with respect to the Capital Maintenance Solutions Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2021-2024 ("the Agreement"): I have the authority given to me by Capital Maintenance Solutions Pty Ltd Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. The National Employment Standards (NES) apply to all employees as a minimum standard. Where 2 there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. . 3. All disputes arising under this Agreement will follow the procedure outlined as per Clause 39 Dispute Settlement Procedure. 4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature Date
OCAPITAL PLUMBING | ROOFING
: admin@capitalms.com.au W: www.capitalms.com.au
18/08/22
Model flexibility term Schedule 2.2
Fair Work Regulations 2009 113
Schedule 2.2—Model flexibility term
(regulation 2.08)
Model flexibility term
(1) An employer and employee covered by this enterprise agreement
may agree to make an individual flexibility arrangement to vary the
effect of terms of the agreement if:
(a) the agreement deals with 1 or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the employer and
employee in relation to 1 or more of the matters mentioned in
paragraph (a); and
(c) the arrangement is genuinely agreed to by the employer and
employee.
(2) The employer must ensure that the terms of the individual
flexibility arrangement:
(a) are about permitted matters under section 172 of the Fair
Work Act 2009; and
(b) are not unlawful terms under section 194 of the Fair Work
Act 2009; and
(c) result in the employee being better off overall than the
employee would be if no arrangement was made.
(3) The employer must ensure that the individual flexibility
arrangement:
(a) is in writing; and
(b) includes the name of the employer and employee; and
(c) is signed by the employer and employee and if the employee
is under 18 years of age, signed by a parent or guardian of
the employee; and
(d) includes details of:
Federal Register of Legislative Instruments F2014C00008
Schedule 2.2 Model flexibility term
114 Fair Work Regulations 2009
(i) the terms of the enterprise agreement that will be varied
by the arrangement; and
(ii) how the arrangement will vary the effect of the terms;
and
(iii) how the employee will be better off overall in relation to
the terms and conditions of his or her employment as a
result of the arrangement; and
(e) states the day on which the arrangement commences.
(4) The employer must give the employee a copy of the individual
flexibility arrangement within 14 days after it is agreed to.
(5) The employer or employee may terminate the individual flexibility
arrangement:
(a) by giving no more than 28 days written notice to the other
party to the arrangement; or
(b) if the employer and employee agree in writing—at any time.
Federal Register of Legislative Instruments F2014C00008
