[2022] FWCA 171
The attached document replaces the document previously issued with the above code on 21
January 2022.
The Agreement title has been updated.
Alana Spensley-Armstrong
Associate to Commissioner P Ryan
Dated 21 January 2022
1
Fair Work
Act 2009
s.185—Enterprise agreement
Wormald Australia Pty Ltd T/A Wormald
(AG2021/8944)
WORMALD (ACT) SPRINKLER SERVICE DIVISION ENTERPRISE
AGREEMENT 2021-2024
Fire fighting services
COMMISSIONER P RYAN SYDNEY, 21 JANUARY 2022
Application for approval of the Wormald (ACT) Sprinkler Service Division Enterprise
Agreement 2021-2024
[1] Wormald Australia Pty Ltd (the Employer) has made an application for approval of an
enterprise agreement known as the Wormald (ACT) Sprinkler Service Division 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.
Regulation 2.06A Requirements
[2] The application was accompanied by a signature page that did not comply in all
respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended
signature page was subsequently filed. I consider it appropriate in the circumstances to waive
an irregularity in the form or manner in which an application was made and do so pursuant to
s.586(b) of the Act.
Section 586(a) Amendments
[3] There were errors in relation to the name of the Agreement in the Form 16 Application
and clause 1 of the Agreement. The Employer provided submissions that these were
typographical errors and the correct name of the Agreement is as set out in paragraph [1]
above. I consider it appropriate in the circumstances to amend the Form F16 Application and
clause 1 of the Agreement and do so pursuant to s.586(a) of the Act.
[4] I also observed that clause 6.1 of the Agreement refers to the ‘Plumbing and Sprinkler
Pipe Fitters Award 2010’ and sought a response from the Employer. The Employer submitted
that was a typographical error and clause 6.1 of the Agreement should refer to the ‘Plumbing
and Fire Sprinklers Award 2020’.
[2022] FWCA 171
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
PR1_DECISION_ID
2
[5] I consider it appropriate in the circumstances to amend the clause 6.1 of the
Agreement to replace the words ‘Plumbing and Sprinkler Pipe Fitters Award 2010’ with
‘Plumbing and Fire Sprinklers Award 2020’ and do so pursuant to s.586(a) of the Act.
Sections 186, 187 and 188
[6] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
Model Consultation Term
[7] The Agreement does not contain all of the requisite consultation terms, as required by
s.205(1) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by
the Regulations is taken to be a term of the Agreement.
Section 183
[8] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Services Union of Australia (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.
[9] In accordance with s.201(2), I note that the Agreement covers the CEPU.
Approval
[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
28 January 2022. The nominal expiry date of the Agreement is 31 December 2024.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE514673 PR737634
J
DE THE FAIR WORK CO THE SEAL NOISSIN
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WWORMALD Wormald (ACT) - Sprinkler Service Division ENTERPRISE AGREEMENT 2021-2024
SpensleyArmstrong
Consultation Stamp
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SECTION CONTENTS PAGE 1. Title 1.1 3 2. Parties and Persons Bound 3 3. Intentions of the Parties 3 4. Lodgment and Date of Operation of Agreement 3 5. Increase to Wages and Allowances 4 6. Relationship between this Agreement and the Parent Award 4 7. Disputes Settlement Procedure 4 8. Consultative Mechanisms 4 9. Skills Development Program 4 10 Induction Procedures 5 11 Structured Vocational Training 5 12. Site Allowance / Productivity Allowance 5 13. Dispute Settlement Procedure 6 14. Safety Disputes Resolution Procedure 6 15 Living away from home- Two options are provided for; 7 16. Electronic Funds Transfer (EFT) 7 17. Consultative/Monitoring Committee 7 18. Confidentiality of Information 7 19. Open Discussion 7 20. Start and Finish Times 8 21 Hours of Work 8 22. Rostered Days Off (ROO) 23. Work Organization 9 24. Problem Solving 10 25. Performance Indicators & Information 10 26. Waste Management 11 27. Seniority/Employment 11 28. Redundancy Payments 11 29. Inclement Weather 11 30. Quality Assurance 13 31. Customer Satisfaction 13 32. Occupational Health & Safety 13 33. Superannuation 14 34. Tools and Equipment 14 35. Vehicles 14 36. Apprentices 14 37. Public Holidays 14 38. Mobile Phones 15 39. Shift Rates 15 40. Accident Cover 15 41. Workers Compensation Legislation 15 43. Model Flexibility Term 16 44. Consultation and Introduction to Change 17 Appendix 1: Occupational Health and Safety Appendix 2: Wage Rates Signatory Page
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1. TITLE This Agreement shall be known as the "WORMALD FIRE SYSTEMS Service (ACT) Enterprise AGREEMENT" 2021-2024. 2. PARTIES AND PERSONS BOUND This Agreement shall be binding upon: 2.1. WORMALD FIRE SYSTEMS - ACT ("the employer") in respect of all employees employed in the Australian Capital Territory (ACT) in connection with the preparing, erecting, fitting, fixing, altering, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems; and 2.2. Employees of the employer employed by the ACT service operations in connection with the preparing, erecting, fitting, fixing, altering, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems (employees). The terms and conditions of this agreement apply to all employees defined in clause 2.2. 3. INTENTIONS OF THE PARTIES The intentions of the parties in reaching this Agreement are to: 3.1. To provide for an efficient, progressive and prosperous fire protection company for the benefit of the Employer and its employees; 3.2. Improve the standard of living, job satisfaction and continuity of employment for workers; 3.3. Create a co-operative and productive industrial relations environment; 3.4. Maintain a safe working environment; 3.5. Ensure the integrity of structured training is consistent with national competency standards. 4. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 4.1. This Agreement shall be lodged with the Fair Work Australia as an "Enterprise Agreement". 4.2. This Agreement shall come into operation from lodgment and remain in effect until 31st December 2024. 4.3. 4.4. This agreement may be terminated by the Company and employees only in accordance with the Fair Work Act 2009 legislation.
5. INCREASE TO WAGES AND ALLOWANCES
5.1. In recognition of the productivity measures identified herein, the payments in appendix
2 shall be available to all employees covered by this agreement:
5.2. The rates and allowances will accrue from employees voting date .
5.3. The parties to this agreement will make no further claims during the period of this
agreement.
6. RELATIONSHIP BETWEEN THIS AGREEMENT AND THE PARENT AWARD
6.1. The parties Incorporate the Plumbing and Fire Sprinklers Award 2020 as
amended ("the Award").
6.2. Where there is any express inconsistency between a term set out in this agreement
and an Award term incorporated by virtue of clause 6.1 above, the term of this
agreement will prevail.
7. DISPUTES SETTLEMENT PROCEDURE
7. 1 . It is the intention of the parties that the amount of lost time due to industrial disputes and
grievances is kept to a minimum.
7.2.An employee will have the right to representation throughout the process including
those disputes that may arise from the implementation of National Employment standards
(NES)
7.3. For all purposes of the Agreement the procedure outlined in clause 13 shall apply.
8. CONSULTATIVE MECHANISMS
This agreement may when service employee numbers reach over 10 employees be
implemented by a Company Consultative Committee consisting of equal numbers of
management and employee representatives. Employee representatives will be elected at a
meeting convened by employees. Elected representatives shall be given adequate time to
prepare for meetings and to consult with employees before and after meetings. The quorum
for a meeting shall be four, at least half of who must be employee representatives. Any
disputes shall be dealt with in accordance with the procedures outlined in Clause 13.
9. SKILLS DEVELOPMENT PROGRAM
The parties are committed to develop and implement a skills development program based on
the acquisition of skills through accredited training. The training provided shall be based on
the agreed national competency standards developed by Construction Training Australia for
fire protection and be provided by 'Accredited Training Authorities'. Provided that any training
program developed shall not include trade training modules as provided through the
apprenticeship or equivalent contracts for structured training in the fire protection industry.
1 O. INDUCTION PROCEDURES
10.1 The parties acknowledge that it is in the interests of all concerned that all new
employees and employers on a building project understand their obligations under
this agreement and are introduced to their jobs in a manner which will help them to
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work safely and efficiently. It is agreed that this is the responsibility of site management 10.2 The site Foreperson/manager, will provide new employers and employees with an explanation of all safety rules and procedures, including the provisions of any relevant legislation or regulation, security, emergency procedures and any relevant agreements affecting the site. 10.3 The induction presentations and materials shall have regard to the language skills of the employer/employee. 10.4 The parties agree that appropriately qualified sprinkler fitters will undertake all sprinkler works with assistance from apprentices or suitable competent persons. 11. STRUCTURED VOCATIONAL TRAINING The parties to this agreement recognise that the apprenticeship system of structured vocational training which operates within the Fire Protection Industry has been integral to the efficiency and productivity of that industry. The Parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. 12. SERVICE ALLOWANCE Testing and Service work does not attract a site allowance, which currently applies to construction employees under this agreement. The company shall pay a service allowance per hour to each worker for each hour worked. This allowance shall absorb all disability allowances particular to the site with the exception of welding, licence, meals, kilometers, registration and multi storey. All employees will be required to be available for on call duties which shall be shared equally by employees. Should a Fitter be required to be on call on a public Holiday a day off in lieu shall be taken within the following week Refer to appendix 2 for the rates and increment dates. 13. DISPUTE SETTLEMENT PROCEDURE As a general principle the parties to this Agreement commit themselves to where ever possible, resolve disputes at a project level without recourse to industrial action. Disputes shall be resolved according to the following procedures. 13.1 An employee or group of employees may firstly refer any grievance I dispute to their immediate supervisor I manager who will attempt to resolve the matter expeditiously and in any event respond to the employee within 24 hours. 13.2 If the matter cannot be resolved at this stage the following procedure shall be applied. (a) The employee shall advise of the issue to the site Project Manager. The time allowed for this process to take place before proceeding to Step (2b) shall be 48 hours max. Provided that steps have been set in place to resolve the problem. (b) If not settled at this stage, the employee may refer the matter to the company
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representative for discussion with management. The time allowed for the process to take place before proceeding to Step (2c) shall be 72 hours max. (c) If the dispute remains unsolved the matter shall be referred to the Fair work Australia for Conciliation and / or Arbitration decisions of the commission may be subject to all legal rights of appeal to all parties. Conciliation and Arbitration matters must be resolved in line with the National Building Code 2016. 13.3 Whilst the above procedures are being followed, work shall continue as it was prior to the dispute unless an employee has a reasonable concern about immanent risk to his or her health or safety. No party shall be prejudiced as to final settlement by the continuance of work in accordance with the clause. 13.4 This clause shall not apply to any dispute that is a bona fide safety issue, which shall be resolved in accordance with the procedures. 14.SAFETY DISPUTES RESOLUTION PROCEDURE The parties agree to abide by the terms and conditions of the Occupational Health and Safety Act 1989. Nothing in this agreement will take precedence over the Occupational Health and Safety Act 1989. Safety stoppages are to be reported immediately to the Foreman or Project Manager and in their absence direct to the office immediately. Any dispute arising out of Occupational Health and Safety issues will be dealt with in accordance with State Legislation or local Legislative Authority, Regulations or Codes of Practice, and will involve vacating only these areas where safety is at risk. Where the site has been closed, labour may be redirected to another safe site or safe work area. 15.LIVING AWAY FROM HOME- TWO OPTIONS ARE PROVIDED FOR; Option 1: Amount as per appendix 2, paid to each employee to find own accommodation and food per 168 hours. (7 Days). Option 2: Company to provide accommodation to acceptable standard (bed & breakfast) and amount, as per appendix 2, per day meal and expenses allowance per 24 hours. An employee must live away from home to attract living away from home allowance. 16. ELECTRONIC FUNDS TRANSFER (EFT) It is agreed by the parties, wages payment will continue to be by Electronic Funds Transfer (EFT), paid directly into the employee's nominated banking account provided that the provisions of the award relating to payment of wages shall continue to apply. Pay slip information will be provided to employees by the end of the pay week which payment is made. No additional payment of costs will be made by the Company and payment dates may be varied in accordance with agreement of the consultative committee. 17.CONSULTATIVE/MONITORING COMMITTEE The Company and employees agree that a key factor in the development and implementation of the Agreement involves the setting up of a consultative process at the
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enterprise level when possible and when employee service number exceed 10 employees It is agreed the consultative committee will consist of 2 senior company representatives and 2 elected employee representatives, who will be elected at a meeting in consultation with the total labour force. Meetings may take place only after consultation and agreement with senior management. The Consultative Committee will be elected for the term of the Agreement. Where a position on the committee becomes vacant during the term of the agreement, the position may be filled through the election process and in the case of a company representative, may be filled by appointment by management. 18. CONFIDENTIALITY OF INFORMATION The Company is to provide such information to the Consultative Committee as may be required from time to time for the expedience of the Agreement. The parties agree that certain material and information provided to the Consultative Committee may be deemed to be 'commercial in confidence'. Such information will be kept in strict confidence by the members of the committee. 19.OPEN DISCUSSION The company and its employees are committed to open and frank discussion between the management and employees on any matter. 20.START AND FINISH TIMES In an endeavor to enhance productivity it is agreed that employees will be ready to work at the official starting and finishing times or as required by management. Work start time shall be at the work-face dressed for work in uniform with safety equipment. Where daily work instructions may change due to programmed commitment, sickness etc it may be beneficial to start at a designated workstation. This would need to be assessed on a job by job basis. Finish time will be as above, exclusive of any Requirement to complete work already committed prior to finish time or any emergency work requirement provided that overtime rates shall apply for any such work in accordance with the award. 21. HOURS OF WORK In recognition of the need to gain greater productivity and efficiency in respect to working hours, the parties agree to the following measures aimed at providing increased flexibility for both employees and company .The change of work hours maybe entered into between the employer and employees. Normal time hours for the purpose of this Agreement shall be between 6.00am and 7.00pm Monday to Friday. Ordinary hour starting time may commence between the hours of 6am and 10.30 am. Reasonable notification will be given of any change to starting time. Reasonable notice will be given on projects where overtime is necessary, the work crew may be rostered so that each employee is not disadvantaged to the amount of overtime that they work. On any day that overtime is worked, there shall be no necessity for all employees on the job at hand to work, but a voluntary roster system would be undertaken to ensure
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reasonable distribution and that the work programmed is maintained, except under emergency circumstances or were programmed commitments dictate expedient change. Under the circumstance of a prolonged overtime requirement, discussions will be referred to the Consultative Committee. Omitted 22. ROSTERED DAYS OFF (ROO) The Industry nominated ROO shall be observed provided that, subject to agreement between the employer and the employees affected, the taking of ROO's may be altered. Flexibility with taking ROO will allow the ability for employees to accumulate ROO's up to five days per year (through agreement) between the employer and employee. The company will maintain a register of all accumulated rostered days. 23.WORK ORGANISATION Experience throughout industry has shown that the reorganization of work processes will be essential to the realisation of the objectives of this Agreement. Specifically, the development of self-managing, broad-skilled work teams is recognised as being an integral component of the organisation of work. The Consultative Committee is committed to identify and recommend actions to incorporate more productive management/work practices. Central to the reorganisation of work is the Work Team (WT) concept. Work Teams are groups of employees who have the responsibility for completing elements of work. The team is given the task of completing the whole job cycle of planning, doing, checking, re-planning, etc. and must also take on the safety, quality, cost, timing and environmental issues of getting the job done. The ultimate aim is for the team to be self- directing. Work face co-ordination with other trades/builders representatives. The parties are committed to the future development and adoption of the WT model. It is recognised that there may be elements of work and situations that are not suited to the use of this model, but that for those elements the other objectives of the Agreement will be accommodated. Employee's may be required to undertake all of the tasks associated with a particular job provided that it is safe, legal, sensible and within the Employee's skill, competence and training and is consistent with the objective of the elimination of lost time and productivity improvement. On a project and work team basis, guidelines will be established to develop systems to facilitate continuous learning and up skilling. The parties are committed to seeking to reorganise work to provide greater security of employment. In this regard, it is recognised that to maintain a long-term sustainable level of direct employees, the productivity, efficiency and cost effectiveness of direct labour work teams will need to be competitive in the market place. To assist in this aspect the following skills matrix is implemented: Level 5: Fully licensed sprinkler fitter.
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Level 5E Fully licensed sprinkler fitter with three years continuous employment at that level. An apprentice that has completed a four year apprenticeship with Wormald will be given a credit of two years so a subsequent one year as a level five fitter would be required. Level 6: A level 5 sprinkler Fitter with three years continuous employment at that level who is requested to undertake the following additional duties; Assist management in review and implementation of service runs for efficiencies through quarterly meetings. Undertake comprehensive preplanning of monthly scheduled maintenance requirements and discuss any identified issues before the commencement of the months test run. Report on any discrepancies to the requirements of the relative Australian Standards. Order any equipment required to complete emergency callouts and minor works. Part number and costing of the parts are to be provided to the office to allow for the purchase order to be raised. Provide to the office technical reports at the completion of every emergency callout within 2 days of the call. Provide training and guidance for any apprentice employed in the service department to ensure they are fully conversant with the routine testing works for every run including the annual routines. Undertake testing of fire equipment other than sprinkler and hydrant systems when and if the situation allows for a multi skilling approach is available. Level 7: A level 6 sprinkler fitter with three continuous years at that level who in addition to the level 5 and 6 duties is requested to undertake estimating duties and accept responsibility for service delivery costs and efficiency improvements. Liaise with management on co-ordination of annual leave and use of ROO of all service fitters. Undertake audits of service delivery and compliance of sites under contract. Implement a flexible approach to work hours to provide "best fit" for client requirements. Refer to appendix 2 for rates and increments. 24. PROBLEM SOLVING Individual employees will be encouraged to suggest solutions to work and solve problems on site. The Consultative Committee shall consider means of promoting the problem solving objective. 25. PERFORMANCEINDICATORS & INFORMATION The parties agree that it is essential that measures and mechanisms be established on a business unit and project basis to systematically examine and monitor the productivity on the Companies projects. The monitoring will occur through appropriate consultative mechanisms. Such mechanisms will examine in detail the work organisation and processes being undertaken on each site. Among the aims of this Agreement are also the goals of increasing efficiency, quality,
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occupational health and safety and skill levels. In order to monitor progress in achieving these objectives and to take appropriate action, the following performance indicators and information will be shared with Consultative Committees. Productivity Time · Progress versus program Quality Amount of re-work and causes (design and field) Compliance with design Amount of waste Tolerances achieved Occupational Health and Safety . Lost time injury frequency rates · Severity rates Compliance with the Occupational Health & Safety Management Systems Measurements will involve work area teams and this information will be made available to the Consultative Committee. Teams are encouraged to measure other factors that can be used to assist and improve performance. The Parties to this Agreement recognise that information such as that noted above is confidential and not for publication or discussion outside the Company. 26. WASTE MANAGEMENT The parties recognise that waste management is a key safety and efficiency issue. The parties recognise that it is the primary responsibility of the Work Teams to manage waste efficiency. The parties agree that each Work Team shall have a waste management schedule as part of its weekly work plan and that this work plan should include the removal of waste and rubbish from the Work Team areas to an area approved at the relevant site. 27. SENIORITY/EMPLOYMENT In relation to employment of additional employees or in the case of redundancy brought about by lack of work, the parties agree that the 'last on - first off principle and seniority alone shall not constitute the sole reason for selecting any employee. In the event that redundancy/employment should be necessary, when deciding upon which employees are to be made redundant/employed, the Company shall consider factors such as but not limited to, performance, competence, attendance, reliability, years of Contracting and accountability of individual employees Provided further that nothing in this clause shall affect the right of the company to dismiss an employee without notice for misconduct in accordance with the award. 28. REDUNDANCY PAYMENTS Payment per week will be paid into an employee agreed redundancy fund in respect to each tradesperson once the fund is nominated that fund will remain in place until the expiry of this agreement. Third and Fourth year apprentices shall receive $17.00 any payments made to an approved redundancy fund will be offset against any redundancy payments mentioned under
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NES National Employment Standards Refer to Appendix 2 for rates and increments. 29. QUALITY ASSURANCE The Company has made a major investment of resources in obtaining certification to ISO 9001. The parties endorse the underlying principles of the Company's Quality Management System which seeks to ensure that its Contracts are provided in a manner which best conforms to the requirements of the contract with its customer. This requires the Company to establish and maintain, implement, to train and to continuously improve its procedures and processes, and the employees to follow the procedures, document their compliance and participate in the improvement process. 30. CUSTOMER SATISFACTION The parties acknowledge customer satisfaction and customer relationship is important to the survival and growth of the Company and therefore its ability to offer continuing employment to its employees. All parties agree to treat customers with courtesy and respect, to take account of the customer's interests in their actions and provide feedback to each other. All parties recognise that commitment to complete project work on time and on budget is essential to the ongoing viability of the company and prospects of longer term employment of the staff. 31. OCCUPATIONAL HEALTH & SAFETY The company is committed to provide a safe and healthy working environment in which our employees can work. The emphasis of this commitment is on identification of potential unsafe practices and the prevention of accidents and injury. In order to maintain this commitment, the company will provide the resources, skills and training necessary to assist managers and employees to provide and maintain a high standard of Occupational Health and Safety within the company. It is the policy of the company that all operations are carried out in compliance with statutory requirements, established standards and the company's policies and principles. Work will be planned so as to avoid foreseeable hazardous situations and conditions. Managers, supervisors and employees have the responsibility at all times to maintain a safe working environment, to ensure that safe working procedures are in place and observed and to assist in the rehabilitation of injured employees. Employees have the responsibility at all times to observe safe working procedures, to notify management of any potential hazards and to work in such a way that controls the risk of injury to themselves and other employees with whom they work. Such behaviour will be encouraged and employees will not be prejudiced by compliance. The company will ensure that a positive attitude to this process is developed in supervisors and management as well as in employees so that continuous improvement is achieved in OH & S performance. In the event of an employee sustaining an injury at work, the company supports the development appropriate systems to sensitively manage injuries through rehabilitation programmed that facilitate the earliest possible return to work. All parties to this Agreement are committed to the provision and maintenance of a safe and healthy working environment. The parties shall ensure that there shall be strict compliance to all Acts and Regulations to ensure there is protection to all.
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The parties recognise that safety education and safety programs are fundamental to the achievement of a safe and healthy working environment. 32. SUPERANNUATION It is agreed that the company will pay Superannuation into C-BUS or TGSP the approved Tyco Group Superannuation Fund. Superannuation will be based on the Super Guarantee Levy (SGL) which at the signing of this agreement is 9.5%. Company SGL payments will increase during the life of this agreement if the SGL increases during the life of this agreement. In addition to the SGL payment employees will contribute $35.00 / week transferred from their overall redundancy entitlement and a top up payment of $22.00 / week. Apprentices will be paid in line with the SGL .LONG SERVICE CONTRACTING LEAVE The conditions of the Long Contracting Service Leave (Building & Construction Industry) ACT will apply. 33. TOOLS AND EQUIPMENT The company accepts the responsibility of providing tools and equipment in order that the work force may carry out their duties. It is agreed by the parties, care is to be exercised to ensure the security of all tools and equipment on sites and in vehicles to protect against theft and damage. In the interest of OH & S, all plant is to be maintained to the highest order of safety. Each employee has been provided with the safety equipment. This equipment will be replaced on the company's account through fair wear and tear. Employees will take all reasonable steps for the safe care of equipment. All equipment damage and loss is to be reported immediately. 34. VEHICLES The company provides vehicles to company employees to carry out their work function. It is the responsibility of the vehicle driver to ensure the vehicle is maintained regularly and kept in a secure clean state and behave in a responsible manner when in control of a company vehicle. Vehicles will be fitted with Global Positioning Units for the safety of employee and to stream line service requirements Any traffic offence committed while in control a vehicle, including parking fines, is the sole responsibility of the driver. All accidents must be reported within 24 hours. 35. APPRENTICES Apprentices shall be paid all wages, travel time and fares for all time while attending college/school in the course of their apprenticeship in Sydney. They shall in addition receive eight hours paid travel time per trip and a meal allowance in accordance with clause 15 option two of this agreement. The company will provide reasonable accommodation. 36. PUBLIC HOLIDAYS
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The company will continue to pay employees for public holidays as dictated by the award or gazetted by the Federal or ACT Government. 37. MOBILE PHONES A mobile telephone will be provided by the company for receipt of afterhours emergency call requirements. 38. SHIFT RATES The rate for shift allowance shall be 150% of the ordinary rate for the hours worked. 39. ACCIDENT COVER (SUBJECT TO REVIEW POLICY TO BE CONSISTENT WITH PREVIOUS) The Company will provide twenty four (24) hour accident and sickness insurance for employees covered by this Agreement. Conditions applicable to the current policy will continue for the duration of this agreement. 40. WORKERS COMPENSATION LEGISLATION The parties . agree should ACT legislation change in respect of the Workers Compensation Act, discussions will commence to review maintaining the benefits and conditions of employees to the current level of protection. 41. MODEL FLEXIBILITY TERM 41.1 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: The agreement deals with 1 or more of the following matters: i) arrangements about when work is performed [for example flexibility in start and finish times and shift changes]; ii) arrangements about what work is completed [i.e. deploy across the business provided skills are commensurate with task] iii) arrangements for introduction of new and enhanced technology iv) arrangements for taking of accrued leave; to accommodate quite times in production or warehouse operations 41.2 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 41.3 The arrangement is genuinely agreed to by the employer and employee. 41.4 The employer must ensure that the terms of the individual flexibility arrangement: i) are about permitted matters under section 172 of the Fair Work Act 2009 ; and ii) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and iii) result in the employee being better off overall than the employee would be if no arrangement was made. 41.5 The employer must ensure that the individual flexibility arrangement:
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i) is in writing; and ii) includes the name of the employer and employee; and iii) 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 iv) includes details of: v) the terms of the enterprise agreement that will be varied by the arrangement; and vi) how the arrangement will vary the effect of the terms; and vii) 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 viii) states the day on which the arrangement commences. 41.6 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 41.7 The employer or employee may terminate the individual flexibility arrangement: i) by giving no more than 28 days written notice to the other party to the arrangement; or ii) if the employer and employee agree in writing -- at any time. 42. CONSULTATION AND INTRODUCTION TO CHANGE 42.1 The parties agree to continue a process of consultation. 42.2 Monitoring progress towards the achievement of the performance pay component of the wage and collaborating with management on means to secure the target figures and the maximum wage increase. 42.3 Maintaining a communication on matters that concern the day-to-day operation of the business. 42.4 Introduction of Change 42.5 The Company undertakes to discuss with the parties to this agreement any changes in technology or business operations that are likely to have a significant effect on the employees' work activities. The discussions shall take place without unreasonable delay after a definite decision has been made to introduce the change, and prior to the change taking effect. 42.6 Where the decision may result in the need for retrenchment of staff, the Company shall consult with the parties to this agreement so that they are fully informed. In the consultation process the parties shall seek to avert or mitigate the need for retrenchment, which may involve the use of methods such as staff transfers, flexible rosters and the use of leave entitlement. 42.7 When the company makes a decision that it no longer requires the job an employee is doing to be done by anyone, and the decision is not due to the normal and customary turnover of labour, that position shall be deemed to be redundant. Where the redundancy occurs and staff retrenchments are necessary, the company will firstly ask for expressions of interest for voluntary redundancy. Management will have the sole right to accept or reject such expressions on the basis of the forward needs of
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the business. Selection for redundant personnel shall be made in a way, which retains in the most effective method, the range of skills needed to maintain and improve the effectiveness and efficiency of the business APPENDIX 1 OCCUPATIONAL HEALTH & SAFETY 1. COMMITMENTS The parties to this agreement commit themselves to: a) The establishment of health and safe workplaces, work methods, plant, machinery and equipment, and the observance of all relevant Acts and Regulations, Codes of Practice (including all references to Australian and British Standards) and Industry agreements. 2. DESIGNATED WORK GROUPS Where practicable, the parties agree to the establishment of Designated Work Groups to cover all employees in the company and the election of Health & Safety Representatives. 3. OH&S COMMITTEES The parties agree when service employee number exceed 10 employees to the establishment of an OH&S Committee structure under the conditions specified in the relevant Act. 4. OH&S REPRESENTATION The Employer shall provide accredited training to the OH&S Representatives and OH&S Committee Members to assist them to exercise their functions. The employer is to permit the Health & Safety Representatives and OH&S Committee Members to take such time off work without loss of remuneration or other entitlements to attend OH&S courses and to enable them to perform their duties under this agreement. 5. WORKPLACE REHABILITATION & RETURN TO WORK The parties commit themselves to the establishment of comprehensive policies/programs to deal with the rehabilitation & return to work of injured workers. 6. INDUCTION PROCEDURES The parties commit themselves to the establishment of a Company Induction Program. This program will outline company OH&S Policy and procedures, particular hazards associated with the work, control measures for each hazard, identification of hazards and instigation of preventative action. Workplace Literacy and English Programs will include OH&S issues.
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APPENDIX 2 SPRINKLER EBA WAGE ADJUSTMENTS First Class Sprinkler Fitter December 2021 DESCRIPTION OF level5 Level5 e Level6 Level7 WAGE BREAK UP Hourly Rate $39.83 $40.82 $42.39 $45.92 All Purpose $1,513.54 $1,551.12 $1,611.00 $1,744.86 Travel Time $199.15 $204.09| $211.97 $229.59 Site Allowance $90.67 $90.67 $90.67 $90.67 SUB TOTAL $1,803.36 $1,845.88 $1,913.65 $2,065.12 Redundancy $157.27 $157.27 $157.27 $157.27 Superannuation SGL* SGL* SGL* SGL* TOTAL $2,017.63 $2,060.15 $2,127.92 $2,279.39 Fares If applicable: $100.23 $100.23 $100.23 $100.23 Weekly living away from $1,019.59 $1,019.59 $1,019.59 $1,019.59 home allowance: Daily meal allowance: $93.22 $93.22 $93.22 $93.22 On call allowance - 7 Days $480.49 $480.49 $480.49 $480.49 * = Superannuation as per SGL rate plus transfer from redundancy of $35 and $22 top up.
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APPENDIX 2 SPRINKLER EBA WAGE ADJUSTMENTS First Class Sprinkler Fitter December 2022 DESCRIPTION OF Level 5e Level 6 Level 7 WAGE BREAK UP Level 5 Hourly Rate $41.03 $42.04 $43.67 $47.29 All Purpose $1,558.95 $1,597.65 $1,659.33 $1,797.21 Travel Time $205.13 $210.22 $218.33 $236.47 Site Allowance $90.67 $90.67 $90.67 $90.67 SUB TOTAL $1,854.75 $1,898.54 $1,968.34 $2,124.35 Redundancy $157.27 $157.27 $157.27 $157.27 Superannuation SGL* SGL* SGL* SGL* TOTAL $2,069.02 $2,112.81 $2,182.61 $2,338.62 Fares If applicable: $103.24 $103.24 $103.24 $103.24 Weekly living away from $1,019.59 $1,019.59 $1,019.59 $1,019.59 home allowance: Daily meal allowance: $93.22 $93.22 $93.22 $93.22 On call allowance - 7 Days $480.49 $480.49 $480.49 $480.49 * = Superannuation as per SGL rate plus transfer from redundancy of $35 and $22 top up.
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APPENDIX 2 SPRINKLER EBA WAGE ADJUSTMENTS First Class Sprinkler Fitter December 2023 DESCRIPTION OF October 2020 Level5 e Level6 Level7 WAGE BREAK UP Level 5 Hourly Rate $42.26 $43.30 $44.98 $48.71 All Purpose $1,605.72 $1,645.58 $1,709.11 $1,851.12 Travel Time $211.28 $216.52 $224.88 $243.57 Site Allowance $90.67 $90.67 $90.67 $90.67 SUB TOTAL $1,907.67 $1,952.78 $2,024.67 $2,185.36 Redundancy $157.27 $157.27 $157.27 $157.27 Superannuation SGL* SGL* SGL* SGL* TOTAL $2,121.94 $2,167.05 $2,238.94 $2,399.63 Fares If applicable: $106.33 $106.33 $106.33 $106.33 Weekly living away from $1,019.59 $1,019.59 $1019.59 $1019.59 home allowance: Daily meal allowance: $93.22 $93.22 $93.22 $93.22 On call allowance - 7 $480.49 $480.49 $480.49 $480.49 Days * = Superannuation as per SGL rate plus transfer from redundancy of $35 and $22 top up.
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1. Rates for apprentices shall be at the appropriate rate i.e. 50% first year, 55% second year, 75% third year, and 90% fourth year of an unregistered fitter's wage. An adult apprentice will be paid at the rates defined in the award. 2. Unregistered and adult assistants calculated at the appropriate rate as per award recommendation. ADDITIONAL RATES NOT INCLUDED IN SITE ALLOWANCE . Kilometer Allowance for Vehicle Meals . Multi Story Allowance a) 0-15th Floor b) 16th-30th Floor C 31st -45th Floor 46th-61 st Floor e 62nd Floor Onwards . Scaffolders License First Aid License Welding (Electric or Oxy)
SIGNATURE PAGE ML.Many Signature 17/01/2022 Date Matthew McGrory Print Name Regional Manager ACT & Southern NSW Title For and on behalf of Wormald - ACT Sprinkler Service 61 Tennant Street Fyshwick, ACT 2609 Signature 17/01/2022 Date Theo Samartzopoulos Print Name Secretary CEPU Plumbing Division NSW Title Shop 1/111 McEvoy Street, Alexandria NSW 2015 Address
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Model consultation term Schedule 2.3 Schedule 2.3-Model consultation term (regulation 2.09) Model consultation term 1) This term applies if the employer: a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or 2) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change 3) For a major change referred to in paragraph (1)(a): a) the employer must notify the relevant employees of the decision to introduce the major change; and b) subclauses (3) to (9) apply. 4) The relevant employees may appoint a representative for the purposes of the procedures in this term. 5) 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; c) the employer must recognise the representative. 6) 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 7) 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. 8) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 10) If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to apply. 11) In this term, a major change is likely to have a significant effect on employees if it results in:
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Model consultation term Schedule 2.3 12) the termination of the employment of employees; or a) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or b) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or the alteration of hours of work; or d) the need to retrain employees; or e) the need to relocate employees to another workplace; or f) the restructuring of jobs. Change to regular roster or ordinary hours of work 13) For a change referred to in paragraph (1)(b): a) the employer must notify the relevant employees of the proposed change; and b) sub clauses (11) to (15) apply. c) The relevant employees may appoint a representative for the purposes of the procedures in this term. d) If: e) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and f) the employee or employees advise the employer of the identity of the representative; g) the employer must recognise the representative. 14) 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). 15) However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 16) The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 17) In this term: relevant employees means the employees who may be affected by a change referred to in subclause (1)
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Member Support Research Team Fair Work Commission 11 Exibition Street Melbourne VICE 3000 AG2015/7682 Wormald ACT Sprinkler Service Division Enterprise Agreement 2015.2018 MATTER NUMBER AG 2015/7682 UNDERTAKING Tyco Australia Pty Ltd Trading as Wormald undertakes that the disputes settlement clause 13 of the said agreement will comply with sec 186{6){b) of the Fair Work Act 2009 The Disputes settlement Clause 13 will apply to matters that may arise from the implementation of the National Employment Standards (NES). Regards
