Empire Plumbing & Drains & CEPU ACT Plumbing Enterprise Agreement 2023

1

Fair Work Act 2009 
s.185 - Application for approval of a single-enterprise agreement

Empire Plumbing & Drains Pty Ltd
(AG2023/1409)

EMPIRE PLUMBING & DRAINS & CEPU ACT PLUMBING 
ENTERPRISE AGREEMENT 2023

Plumbing industry

COMMISSIONER MATHESON SYDNEY, 7 JUNE 2023

Application for approval of the Empire Plumbing & Drains & CEPU ACT Plumbing 
Enterprise Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the 
Empire Plumbing & Drains & CEPU ACT Plumbing Enterprise Agreement 2023 
(Agreement). The application was made by Empire Plumbing & Drains Pty Ltd (Applicant) 
pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise 
agreement.

[2] Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. 
The notification time for the Agreement is a date prior to 6 June 2023. In these circumstances 
and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 
2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite 
the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of 
the Act continues to apply as if the amendments had not been made. The application has been 
assessed on this basis, taking into account the provisions of Part 2-4 of the Act in force 
immediately prior to the commencement of the amendments.

[3] Further, the Agreement is made prior to 6 June 2023 and the effect of clause 67 of Part 
13 of Schedule 1 of the Act is that the amendments made by Part 16 of Schedule 1 to the 
Amending Act in relation to the better off overall test do not apply to the agreement. 

[4] The notice of employee representational rights (NERR) given to employees covered 
by the Agreement is not strictly in the form prescribed by the regulations. The Commission 
brought this concern to the attention of the Applicant who submitted that this was an error, 
that employees were not likely to have been disadvantaged by it and indicated that the 
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied 
Services Union of Australia (CEPU), a bargaining representative for the Agreement, was 
involved in the process. In the circumstances of this matter, I am satisfied that the error was a 

[2023] FWCA 1666

DECISION
FairWork 

Commission 


* AUSTRALIA FairWork Commission










[2023] FWCA 1666

2

minor technical error, that employees were not likely to have been disadvantaged by it and 
that this error does not prevent the Agreement from being genuinely agreed.

[5] A further issue was brought to the attention of the parties by the Commission in that 
employees do not appear to have been notified of the voting method to be used by the start of 
the access period, raising a concern that there may not have been strict compliance with 
s.180(3) of the Act. The Applicant submitted that this was an error, that employees were not 
likely to have been disadvantaged by it and that it did not impact genuine agreement. In the 
circumstances of this matter and having regard to the strong voting turnout, to the extent the 
employer did not take all reasonable steps to notify employees of the voting method to be 
used by the start of the access period, I am satisfied that this is a minor procedural error, that 
employees covered by the Agreement were not disadvantaged by it and that this error does not 
prevent the Agreement from being genuinely agreed in accordance with s.188 of the Act. 

[6] The Applicant, who is also the employer covered by the Agreement, has provided 
written undertakings. A copy of the undertakings is attached at Annexure A of this decision 
(Undertakings). The views of each person I know is a bargaining representative for the 
Agreement were sought in relation to the Undertakings and no objections were raised. I am 
satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or 

(b) result in substantial changes to the Agreement.

[7] 190(3) of the Act, I accept the Undertakings.

[8] Subject to the Undertakings, and on the basis of the materials before the Commission, 
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are 
relevant to the application for approval of the Agreement have been met.

[9] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing 
and Allied Services Union of Australia, 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) of the Act, I note that the Agreement covers the organisation.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 
14 June 2023. The nominal expiry date of the Agreement is 7 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

AE520283  PR762896


THE FAIR WORK CON --




 



[2023] FWCA 1666

3

Annexure A

IN TH E FAIR WORK COMMISSION 

FWC Matter No.: 
AG2023/1409 

Applicant: 
Empire Plumbing & Drains Pty Ltd 

Section 185 - Application for approval of a single enterprise agreement 

Undertaking - Section 190 

I, Aaron Klease, Director have the authority given to me by Empire Plumbing & Drains Pty 
Ltd to give the fol lowing Llndertakings with respect to the Empire Plumbing & Drains Pty Ltd 
& CEPU ACT Plumbing Enterprise Agreement 2023 ("the Agreement"): 

1. A Tradesman Level 1 - Operative Drainer contained in Clause 10 of the Agreement 
under the heading "Classifications" will receive a base hourly rate of $39.23; and 

2. Before commencing a period of part-time employment pursuant to Clause 6.1 of the 
Agreement, the employee and the employer will agree in writing: 

(a) that the employee may work pan-time; 
(b) upon the hours to be worked by the Employee, the days upon which they will 

be worked and commencing and finishing times for the work; 
(c) upon the classification applying to the work to be perfo1rned; and 
(d) upon the period ofpa1t-ti.me employment. 

The te1rns of the pait-time agreement may be valied, in writing, by consent of the 
Employee and Employer. 

The Employer will provide the Employee with a copy of the part-time agreement and 
any variation to it. 

These undertakings are provided on the basis of issues raised by the Fair Work Commission 
in the application before the Fair Work Commission. 

Signature 

31/05/2023 
Date 


FWC Matter No. AG2023/1409

Applicant: Empire Plumbing & Drains Pty Ltd

Section 185 - Application for approval of a single enterprise agreement Undertaking - Section 190

I, Aaron Klease, Director have the authority given to me by Empire Plumbing & Drains Pty Ltd to give the following undertakings with respect to the Empire Plumbing & Drains Pty Ltd & CEPU ACT Plumbing Enterprise Agreement 2023 ("the Agreement"):

A Tradesman Level 1 - Operative Drainer contained in Clause 10 of the Agreement under the heading "Classifications" will receive a base hourly rate of $39.23; and

Before commencing a period of part-time employment pursuant to Clause 6.1 of the Agreement, the employee and the employer will agree in writing:

(a) that the employee may work part-time; (b) upon the hours to be worked by the Employee, the days upon which they will be worked and commencing and finishing times for the work; (c) upon the classification applying to the work to be performed; and (d) upon the period of part-time employment. The terms of the part-time agreement may be varied, in writing, by consent of the Employee and Employer.

The Employer will provide the Employee with a copy of the part-time agreement and any variation to it.

These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.




 



EMPIRE PLUMBING & DRAINS PTY LTD & 
CEPU ACT PLUMBING ENTERPRISE 

AGREEMENT 2023 

Empire Plumbing b Drains 

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 EMPIRE PLUMBING & DRAINS PTY LTD & CEPU ACT PLUMBING ENTERPRISE AGREEMENT 2023 Empire Plumbing & Drains 

LinehanC
Undertaking Stamp



1. Title 

This Agreement will be known as the Empire Plumbing & Drains & CEPU ACT 
Plumbing Enterprise Agreement 2023. 

2. Scope and application of this Agreement 

This Agreement applies to and covers Empire Plumbing & Drains Pty Ltd (EPD) and 
employees of the EPD employed in a Classifications as set out at clause 10 of this 
Agreement at any Site. 

This Agreement is to be read and interpreted consistently with the National 
Employment Standards. If there is an inconsistency between this Agreement and the 
National Employment Standards and the National Employment Standards provide a 
greater benefit, the National Employment Standards apply to the extent of the 
inconsistency. 

Defined terms used in this Agreement are set out in the relevant clauses or in clause 
20. 

3. Objectives 

The objectives of this agreement are to: 

3.1 Increase the efficiency of the Employer by the effective utilization of the skill and 
commitment of the Employer's Employees. 

3.2 Improve the living standard, job satisfaction and continuity of the Employers 
Employees by improving industry standards. 

3.3 Provide Employees with more varied, fulfilling and better paid jobs. 

3.4 Promote continued skill formation of workers. 

3.5 Maintain the integrity of training thorough apprenticeships with the Employer. 

3.6 Establish an effective communication system between the Employer and the 
Employees to ensure the workforce are kept fully informed and have input into 

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 1. Title This Agreement will be known as the Empire Plumbing & Drains & CEPU ACT Plumbing Enterprise Agreement 2023. 2. Scope and application of this Agreement This Agreement applies to and covers Empire Plumbing & Drains Pty Ltd (EPD) and employees of the EPD employed in a Classifications as set out at clause 10 of this Agreement at any Site. This Agreement is to be read and interpreted consistently with the National Employment Standards. If there is an inconsistency between this Agreement and the National Employment Standards and the National Employment Standards provide a greater benefit, the National Employment Standards apply to the extent of the inconsistency. Defined terms used in this Agreement are set out in the relevant clauses or in clause 20. 3. Objectives The objectives of this agreement are to: 3.1 Increase the efficiency of the Employer by the effective utilization of the skill and commitment of the Employer's Employees. 3.2 Improve the living standard, job satisfaction and continuity of the Employers Employees by improving industry standards. 3.3 Provide Employees with more varied, fulfilling and better paid jobs. 3.4 Promote continued skill formation of workers. 3.5 Maintain the integrity of training thorough apprenticeships with the Employer. 3.6 Establish an effective communication system between the Employer and the Employees to ensure the workforce are kept fully informed and have input into 



decision making that effect the work environment and future employment of 
workers with the Employer. 

3. 7 Maintain a safe work environment. 

3.8 Create cooperative and productive industrial relations environment. 

4. Commitments 

In order that objectives contained in clause 3 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 limited to) 
both management and labour efficiency, quality, training, maintaining high 
standards of work health and safety, improved working conditions, 
environmental concerns, quality of working life issues and equity issues. 

4.3 Productivity measures will not be implemented in contravention of the Work 
Health and Safety Act 2011 (ACT). 

4.4 Measures provided for in this Agreement will be implemented through the 
consultative mechanisms between the Employer and the Employees as per 
clause 1 of this Agreement. 

4.5 The free flow of information between the Employer and the Employees on all 
aspects of work done by the Employees. 

4.6 The provision of disputes is provided for, in a fair and equitable manner pursuant 
to clause 20 of this Agreement. 

4. 7 Women in the Industry 

The Employer recognises that the Plumbing Contracting Industry needs to employ 
women who can productively and effectively carry out the roles contained in the 
relevant classifications of this Agreement. The parties, during the life of this 
Agreement, shall discuss means to achieve the implementation of more women into 
the plumbing contracting industry. The Employer agrees to consider measures that 
will encourage and assist women to seek employment withing the Plumbing and 
Construction Industry. 

4.8 The measures contained in this Agreement lead to real gains in productivity. 

5. Operation 

This Agreement will operate from 7 days after it is approved by the FWC. 

This Agreement's nominal expiry date will be 1 year from the date it is approved by the 
FWC. 

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 decision making that effect the work environment and future employment of workers with the Employer. 3.7 Maintain a safe work environment. 3.8 Create cooperative and productive industrial relations environment. 4. Commitments In order that objectives contained in clause 3 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 limited to) both management and labour efficiency, quality, training, maintaining high standards of work health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. 4.3 Productivity measures will not be implemented in contravention of the Work Health and Safety Act 2011 (ACT). 4.4 Measures provided for in this Agreement will be implemented through the consultative mechanisms between the Employer and the Employees as per clause 1 of this Agreement. 4.5 The free flow of information between the Employer and the Employees on all aspects of work done by the Employees, 4.6 The provision of disputes is provided for, in a fair and equitable manner pursuant to clause 20 of this Agreement. 4.7 Women in the Industry The Employer recognises that the Plumbing Contracting Industry needs to employ women who can productively and effectively carry out the roles contained in the relevant classifications of this Agreement. The parties, during the life of this Agreement, shall discuss means to achieve the implementation of more women into the plumbing contracting industry. The Employer agrees to consider measures that will encourage and assist women to seek employment withing the Plumbing and Construction Industry. 4.8 The measures contained in this Agreement lead to real gains in productivity. 5. Operation This Agreement will operate from 7 days after it is approved by the FWC. This Agreement's nominal expiry date will be 1 year from the date it is approved by the FWC. 



6. Employment 

6.1 Types of employment 

Employees may be engaged by the Employer, at its discretion, as daily hire employees 
(Daily Hire Employees) or weekly hire employees (Weekly Hire Employees) on a 
full-time basis (Full Time) or part time basis (Part Time). Employees may also be 
employed on a casual basis (Casual Employees). 

The following terms apply to Daily Hire Employees despite any other clause in this 
Agreement: 

(a) The Required Notice for a Daily Hire Employee is 1 day and: 

(i) if the Employee fails to give the Employer the Required Notice, the 
Employee forfeits 1 day's pay; and 

(ii) if the Employer fails to give the Employee the Required Notice, the 
Employee is entitled to 1 day's pay; and 

(b) notice of the termination of an Employee's employment given by the Employee 
or the Employer at or before the usual start time of work will expire at the 
completion of that day's work; and 

(c) Employees employed in a Tradesperson Classification are allowed to gather, 
clean, sharpen, pack, and transport their tools 1 hour before the termination of 
their employment. 

Employees engaged as Full Time or Part Time are engaged as Weekly Hire Employees 
unless otherwise agreed to with, and notified by, the Employer. 

A Part Time Employee will be rostered to work less than the Ordinary Hours and will 
receive or accrue remuneration, leave, and other entitlements on a pro-rata basis 
calculated by reference to the proportion of Rostered Hours the Part Time Employee 
works compared to a Full Time Employee in the same Classification. 

A Casual Employee will work less than the Ordinary Hours and will be paid the Base 
Hourly Rate of Pay for the Classification in which they are employed plus a loading of 
25% for a minimum of 3 hours for each engagement. The payment of the loading is in 
compensation for paid leave, public holidays, and redundancy pay which a Casual 
Employee is not entitled to. 

6.2 General employment duties 

Employees are required to: 

a. Work honestly, faithfully and in a competent manner; and 

b. Follow all reasonable instructions from the Employer; and 

c. During working hours, devote the whole of their time and attention to the Employers 
business; and 

d. Truthfully answer all questions the Employer might ask, regarding their employment 
and/or their activities whilst employed; and 

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 6. Employment 1 Types of employment Employees may be engaged by the Employer, at its discretion, as daily hire employees (Daily Hire Employees) or weekly hire employees (Weekly Hire Employees) on a full-time basis (Full Time) or part time basis (Part Time). Employees may also be employed on a casual basis (Casual Employees). The following terms apply to Daily Hire Employees despite any other clause in this Agreement: (a) The Required Notice for a Daily Hire Employee is 1 day and: (i) if the Employee fails to give the Employer the Required Notice, the Employee forfeits 1 day's pay; and (ii) if the Employer fails to give the Employee the Required Notice, the Employee is entitled to 1 day's pay; and (b) notice of the termination of an Employee's employment given by the Employee or the Employer at or before the usual start time of work will expire at the completion of that day's work; and (c) Employees employed in a Tradesperson Classification are allowed to gather, clean, sharpen, pack, and transport their tools 1 hour before the termination of their employment. Employees engaged as Full Time or Part Time are engaged as Weekly Hire Employees unless otherwise agreed to with, and notified by, the Employer. A Part Time Employee will be rostered to work less than the Ordinary Hours and will receive or accrue remuneration, leave, and other entitlements on a pro-rata basis calculated by reference to the proportion of Rostered Hours the Part Time Employee works compared to a Full Time Employee in the same Classification. A Casual Employee will work less than the Ordinary Hours and will be paid the Base Hourly Rate of Pay for the Classification in which they are employed plus a loading of 25% for a minimum of 3 hours for each engagement. The payment of the loading is in compensation for paid leave, public holidays, and redundancy pay which a Casual Employee is not entitled to. 6.2 General employment duties Employees are required to: a. Work honestly, faithfully and in a competent manner; and b. Follow all reasonable instructions from the Employer; and c. During working hours, devote the whole of their time and attention to the Employers business; and d. Truthfully answer all questions the Employer might ask, regarding their employment and/or their activities whilst employed; and 



e. Follow all policies and procedures set by the Employer from time to time. 

6.3 Probationary Period 

An Employees first three (3) months of employment will be their probationary period. 

During the Employee's probationary period, either the Employer or the Employee may 
terminate the Employee's employment by providing one day's notice or payment in lieu 
of such notice, unless dismissed for serious misconduct, in such a case no notice will 
be required. 

This clause does not apply to Casual Employees and Apprentices. 

6.4 Offers and requests for Casual Conversion 

Offers and requests for conversion from a Casual Employee to a Full Time Employee 
or Part Time Employee are provided in accordance with the National Employment 
Standards. 

6.5 Apprentices 

The Employer may engage an Apprentice as a Full Time Employee for a term of 4 
years. 

An Apprentice may be absent from work to attend a registered training organisation 
during their Rostered Hours. Time spent by an Apprentice attending a registered 
training organisation will be considered time worked. 

The following terms apply to Apprentices despite any other clause in the Agreement: 

(a) Apprentices will only work reasonable additional hours by agreement between 
the parties; 

(b) an Apprentice's employment can be terminated by either the Apprentice or the 
Employer by giving the other party a minimum of 2 weeks' notice. The Employer 
may at its discretion pay the Apprentice two weeks' pay in lieu of notice; and 

(c) Apprentices are not entitled to redundancy pay. 

6.6 Work Location and Duties 

Employees must safely undertake all duties that are within their skills and competence 
as reasonably directed by the Employer. 

The Employer may require an Employee to transfer to other roles that is within the 
Employee's competency and training, Sites, or other work locations from time to time 
in accordance with the Employer's operational requirements. An Employee's terms and 
conditions of employment may be reviewed and changed by the Employer in light of 
any change in role, Site, or work location. Provided that any significant changes to the 
Employee's conditions of employment, will be conducted in accordance with clause 19 
of this Agreement. 

Employees may be required by the Employer to undertake training aimed at 
maintaining, enhancing or broadening their work skills and performance. Employees 
may also be required to teach work skills to others. 

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 e. Follow all policies and procedures set by the Employer from time to time. 6.3 Probationary Period An Employees first three (3) months of employment will be their probationary period. During the Employee's probationary period, either the Employer or the Employee may terminate the Employee's employment by providing one day's notice or payment in lieu of such notice, unless dismissed for serious misconduct, in such a case no notice will be required. This clause does not apply to Casual Employees and Apprentices. 6.4 Offers and requests for Casual Conversion Offers and requests for conversion from a Casual Employee to a Full Time Employee or Part Time Employee are provided in accordance with the National Employment Standards 6.5 Apprentices The Employer may engage an Apprentice as a Full Time Employee for a term of 4 years. An Apprentice may be absent from work to attend a registered training organisation during their Rostered Hours. Time spent by an Apprentice attending a registered training organisation will be considered time worked. The following terms apply to Apprentices despite any other clause in the Agreement: (a) Apprentices will only work reasonable additional hours by agreement between the parties; (b) an Apprentice's employment can be terminated by either the Apprentice or the Employer by giving the other party a minimum of 2 weeks' notice. The Employer may at its discretion pay the Apprentice two weeks' pay in lieu of notice; and (c) Apprentices are not entitled to redundancy pay. 6.6 Work Location and Duties Employees must safely undertake all duties that are within their skills and competence as reasonably directed by the Employer. The Employer may require an Employee to transfer to other roles that is within the Employee's competency and training, Sites, or other work locations from time to time in accordance with the Employer's operational requirements. An Employee's terms and conditions of employment may be reviewed and changed by the Employer in light of any change in role, Site, or work location. Provided that any significant changes to the Employee's conditions of employment, will be conducted in accordance with clause 19 of this Agreement. Employees may be required by the Employer to undertake training aimed at maintaining, enhancing or broadening their work skills and performance. Employees may also be required to teach work skills to others. 



7. Protective industrial action 

Protective industrial action as defined in FW Act cannot be taken be taken by 
the Employees prior to the Nominal Expiry Date contained in clause 5 of this 
Agreement. 

8. Relationships to other workplace laws 

This Agreement replaces in its entirety, any applicable modern awards, such as 
the Award, except otherwise stated in this Agreement. 

This Agreement operates in conjunction with the NES. 

For the avoidance of doubt, any applicable legislation, regulation, industrial 
instruments that are not incorporated into this Agreement, do not form part of 
the Employee's contract of employment. 

9. Individual flexibility 

The Employer and an Employee can agree to enter into an Individual Flexibility 
Agreement (IFA) to vary the effect of any or all of clauses 6 to 22 of this Agreement if: 

(a) the IFA is genuinely agreed to by the Employee and Employer; and 

(b) results in the Employee being better off overall than the Employee would be if 
no IFA was agreed to. 

The Employer will ensure any IFA: 

(a) is about permitted matters and does not include any unlawful terms; 

(b) is in writing; 

(c) includes details of the terms of the Agreement which will be varied and how they 
will be varied; 

( d) is signed by the Employer and the Employee, and if the Employee is under 18, 
by a parent or guardian of the Employee; and 

(e) is copied and provided to the Employee within 14 days after it is agreed to. 

An IFA may be terminated by the Employer or the Employee giving 28 days' written 
notice to the other, or otherwise by agreement in writing between the Employer and the 
Employee. 

10. Classifications 

Employees will be appointed by the Employer to a role in one of the following 
Classifications. 

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 7. Protective industrial action Protective industrial action as defined in FW Act cannot be taken be taken by the Employees prior to the Nominal Expiry Date contained in clause 5 of this Agreement. 8. Relationships to other workplace laws This Agreement replaces in its entirety, any applicable modern awards, such as the Award, except otherwise stated in this Agreement. This Agreement operates in conjunction with the NES. For the avoidance of doubt, any applicable legislation, regulation, industrial instruments that are not incorporated into this Agreement, do not form part of the Employee's contract of employment. 9. Individual flexibility The Employer and an Employee can agree to enter into an Individual Flexibility Agreement (IFA) to vary the effect of any or all of clauses 6 to 22 of this Agreement if: (a) the IFA is genuinely agreed to by the Employee and Employer; and (b) results in the Employee being better off overall than the Employee would be if £ no IFA was agreed to. The Employer will ensure any IFA: (a) is about permitted matters and does not include any unlawful terms; (b) is in writing; (c) includes details of the terms of the Agreement which will be varied and how they will be varied; (d) is signed by the Employer and the Employee, and if the Employee is under 18, by a parent or guardian of the Employee; and ) is copied and provided to the Employee within 14 days after it is agreed to. An IFA may be terminated by the Employer or the Employee giving 28 days' written notice to the other, or otherwise by agreement in writing between the Employer and the Employee. 10. Classifications Employees will be appointed by the Employer to a role in one of the following Classifications. 



Employees Base Hourly Rates 

Classification Criteria --T Clau5e- - --- rt=f ourly Rate 

I Reference ,! Current 
I 

' Sanitary Plumber/ Advanced Sanitary . 6.1 I $39.23 
Drainer, Gas Fitter 

Journeyperson Plumber 

Journeyperson Drainer 

! Operative Drainer 

I Plant Operator/Trades Assistant 

! Trades Assistant 

Junior Apprentice Base Hourly Rates 

! ____ _ 

6.1 I $39.23 

6.1 $28.38 

6.1 $32.52 

6.1 $26.02 

: Hourly Rate from 
• 1 July 2023 

. $40.80 

'$40.80 

: $29.52 

; $33.82 

·;·-$27:06 

\ Classification Criteria Clause ReferenceHourly Rate -- --- : Hourly Rate from 1 

Stage 1 
i ________ ----

Stage 2 

• Stage 3 

. Stage 4 

6.5 

6.5 

6.5 

: - 6.5 --

Adult Apprentice Base Hourly Rates 

I Classification Criteria -------- --r Clause -- -

i Reference 

Current I July 2023 

$17.74 I $18.45 

Hourly Rate 
Current 

l Hourly Rate from 1 
I July 2023 

/ Stage 1 

i Stage 2 

'Stage 3 

i 6.5 -- - $25.05 $26.05 
____ I ___ _ 

I 6.5 $25.05 
! ----- ------~-

6.5 $25.05 

r Stage 4 6.5 $26.56 

Employees will progress from one Level to the next subject to possessing the 
applicable skills for the Level as determined and required by the Employer. Employees 
will be appointed to a Classification and Level by the Employer in writing. An 
Employee's temporary assignment to a different Level does not constitute appointment 
to that Level. 

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 Employees Base Hourly Rates Classification Criteria Clause Hourly Rate Hourly Rate from Reference Current 1 July 2023 Sanitary Plumber/ Advanced Sanitary 6.1 $39.23 $40.80 Drainer, Gas Fitter Journeyperson Plumber 6.1 $39.23 $40.80 Journeyperson Drainer Operative Drainer 6.1 $28.38 $29.52 Plant Operator/Trades Assistant 6.1 $32.52 $33.82 Trades Assistant 6.1 $26.02 $27.06 Junior Apprentice Base Hourly Rates Classification Criteria Clause Reference Hourly Rate Hourly Rate from 1 Current July 2023 Stage 1 6.5 $17.74 $18.45 Stage 2 6.5 $20.26 $21.07 Stage 3 6.5 $21.53 $22.39 Stage 4 6.5 $26.56 $27.62 Adult Apprentice Base Hourly Rates Classification Criteria Clause Hourly Rate Hourly Rate from 1 Reference Current July 2023 Stage 1 6.5 $25.05 $26.05 Stage 2 6.5 $25.05 $26.05 Stage 3 6.5 $25.05 $26.05 Stage 4 6.5 $26.56 $27.62 Employees will progress from one Level to the next subject to possessing the applicable skills for the Level as determined and required by the Employer. Employees will be appointed to a Classification and Level by the Employer in writing. An Employee's temporary assignment to a different Level does not constitute appointment to that Level. 



11. Remuneration 

11.1 Hourly Rates of Pay 

Employees will be paid the Base Hourly Rate, as contained in the tables in clause 10 
of this Agreement, applicable for their Classification for each Ordinary Hour worked. 

The Base Hourly Rates in clause 10 of this Agreement and will increase by 4 % on each 
anniversary of the Agreement's approval by the FWC until the Agreement reaches its 
nominal expiry date. 

11.2 Allowances 

The following allowances may also be payable to eligible Employees, in addition to the 
Base Hourly Rate, as contained in the tables in clause 10 of this Agreement. 

i Allowance Payable : Clause 
Reference 

'Amount 
: Payable 

I Frequency 

I Travel Allowance 
------·------- ----- ·---· -- ; ~ -----· 11.4 

$25.00 f '"-- -1 
'-----------~-

Travel Allowance for Apprentices 

Stage 1 

Stage 2 

Stage 3 

Stage 4 

' Mature age Stage 1-3 

' Mature age Stage 4 

I Productivity Allowance (Excludes Trades : 
! Assistants and Apprentices) 

i Supervisor Allowance 

' 2-5 Employees 

J 6-10 Employees 

: 11 + Employees 

I Meal Allowance 

' Out of Pocket Allowance 

Out of Pocket Allowance 

.. Ti:4 Pro-rata 

$11.30 

$12.91 

$13.72 

$16.92 

_J 

$15.96 

$16.92 

--- . ~ 
11.5 $5.20 I Per hour ' 

$33.60 

$43.00 

$57.38 

I Perweek 

i~-----. ·~ 
! Per occasion 

i 
. $26.oo I Per day 

' 
---;-~c;;-;-~- ·-- ----·-- - --!·----------- -

$50.00 i Per day 

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 11. Remuneration 11.1 Hourly Rates of Pay Employees will be paid the Base Hourly Rate, as contained in the tables in clause 10 of this Agreement, applicable for their Classification for each Ordinary Hour worked. The Base Hourly Rates in clause 10 of this Agreement and will increase by 4% on each anniversary of the Agreement's approval by the FWC until the Agreement reaches its nominal expiry date. 11.2 Allowances The following allowances may also be payable to eligible Employees, in addition to the Base Hourly Rate, as contained in the tables in clause 10 of this Agreement. Allowance Payable Clause Amount Frequency Reference Payable Travel Allowance 11.4 $25.00 Per day Travel Allowance for Apprentices 11.4 Pro-rata Stage 1 $11.30 Stage 2 $12.91 Stage 3 $13.72 Stage 4 $16.92 Mature age Stage 1-3 $15.96 Mature age Stage 4 $16.92 Productivity Allowance (Excludes Trades 11.5 $5.20 Per hour Assistants and Apprentices) Supervisor Allowance Per week 2-5 Employees $33.60 6-10 Employees $43.00 11+ Employees $57.38 Meal Allowance $13.87 Per occasion Out of Pocket Allowance 11.6(i) $20.00 Per day Out of Pocket Allowance 11.6(ii) $50.00 Per day 



: Living away from home allowan-ce 

: Redundancy fund 

11.3 Consolidated Disability Allowance (CDA) 

$150.00 r Per day · 

$120.00 

It is agreed that from signing of this Agreement that allowances contained in the 
Award shall be rationalised. A CDA allowance of $1.00 per hour is added to the 
Base Hourly Rates contained in the tables contained in clause 10 of this Agreement. 
The CDA allowance is included to cover all the allowances covered in the Award that 
are not specifically included in this Agreement. 

11 .4 Fares & Travel Allowance 

A daily fares and travel allowance will be paid as per the rate set out in the table in 
clause 11.2 of this Agreement. 

Payment of the allowance shall be subject to the Employee starting and finishing work 
on the site at the usual starting and finishing time. 

No travel allowance is payable for any day in which an Employee is offered or provided 
with transportation free of charge from home to the construction site and return or 
provide with a fully maintained vehicle. 

The travelling allowances prescribed in this clause shall not be taken into account in 
calculating overtime, penalty rates, RDO's, annual or sick leave but shall be payable 
for any day upon which the employee in accordance with the Company's requirements 
works or reports for work or allocation of work. 

11.5 Productivity Allowance 

A productivity allowance as set out in the table in clause 11.2 above, will be payable to 
all Employees, except Trades Assistants and Apprentices, for all hours worked. 

The productivity allowance is not subject to any loadings nor payable during any 
periods of leave or RDO's. 

11.6 Living Away From Home Allowance 

Where an Employee is directed to perform work at a distant construction site, being a 
site in excess of 75 kilometres from the Canberra CBD, such work will be considered 
'Distance Work' and Employees will be provided with a Living Away From Home 
Allowance (LAHFA), as detailed below. 

At the discretion of the Employer, for all days of absence (including weekends) the 
LAFHA can be provided as either: 

i. Provide the Employee with reasonable board and lodging to a standard of 
no less than 3-star accommodation, with 2 meals per day, being breakfast 
and dinner, and an out-of-pocket allowance per day as prescribed in the 
table in clause 11.2 of this Agreement; or 

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 Living away from home allowance $150.00 Per day Redundancy fund $120.00 Per Week 11.3 Consolidated Disability Allowance (CDA) It is agreed that from signing of this Agreement that allowances contained in the Award shall be rationalised. A CDA allowance of $1.00 per hour is added to the Base Hourly Rates contained in the tables contained in clause 10 of this Agreement. The CDA allowance is included to cover all the allowances covered in the Award that are not specifically included in this Agreement. 11.4 Fares & Travel Allowance A daily fares and travel allowance will be paid as per the rate set out in the table in clause 11.2 of this Agreement. Payment of the allowance shall be subject to the Employee starting and finishing work on the site at the usual starting and finishing time. No travel allowance is payable for any day in which an Employee is offered or provided with transportation free of charge from home to the construction site and return or provide with a fully maintained vehicle. The travelling allowances prescribed in this clause shall not be taken into account in calculating overtime, penalty rates, RDO's, annual or sick leave but shall be payable for any day upon which the employee in accordance with the Company's requirements works or reports for work or allocation of work. 11.5 Productivity Allowance A productivity allowance as set out in the table in clause 11.2 above, will be payable to all Employees, except Trades Assistants and Apprentices, for all hours worked. The productivity allowance is not subject to any loadings nor payable during any periods of leave or RDO's. 11.6 Living Away From Home Allowance Where an Employee is directed to perform work at a distant construction site, being a site in excess of 75 kilometres from the Canberra CBD, such work will be considered 'Distance Work' and Employees will be provided with a Living Away From Home Allowance (LAHFA), as detailed below. At the discretion of the Employer, for all days of absence (including weekends) the LAFHA can be provided as either: Provide the Employee with reasonable board and lodging to a standard of no less than 3-star accommodation, with 2 meals per day, being breakfast and dinner, and an out-of-pocket allowance per day as prescribed in the table in clause 11.2 of this Agreement; or 



ii. Pay a living away from home allowance as contained in the table in clause 
11.2 of this Agreement and an out-of-pocket allowance also contained in the 
table in clause 11.2 of this Agreement. It is agreed that such allowances will 
not be counted as wages; or 

iii. As otherwise agreed between the Employer and the Employee. 

Where an Employee is directed to perform Distance Work, the Employer will pay for 
the Employee's transport to the distance location and for any travel time (up to (8) 
hours per day (including the time accrued towards RDO's) at their Base Hourly Rate 
of Pay, in accordance with the table in clause 10 of this Agreement. 

The LAHFA is not subject to any loadings nor payable during any periods of leave. 

The travel allowance as detailed in clause 11.4 of this Agreement, will be payable to 
all Employees engaged in Distance Work, except where they are accommodated on 
or adjacent to the construction site. 

11.7 Tools and PPE 

Employees are required to provide the tools in Appendix 2 from the commencement of 
their employment with the Employer. The Employer will: 

(a) replace; or 

(b) reimburse Employees with the cost of; 

tools and tool components which are worn and damaged in the course of an 
Employee's employment on a fair wear and tear basis. 

The Employer will: 

(c) provide Employees with; or 

(d) reimburse Employees for the cost of, 

The Employers uniforms and PPE, except pants and work boots, in which Employees 
are required to wear and use. 

The Employer will replace uniforms and PPE on a fair wear and tear basis. 

11.8 Payment of Wages 

The Employer will make payments to Employees under this Agreement on a fortnightly 
basis by electronic funds transfer into a bank (or other recognised financial institution) 
account nominated by the Employee. 

Employees will receive an electronic payslip in accordance with section 536(2)(b) of the 
FWAct. 

Where the Employer has made an overpayment of remuneration or entitlements to an 
Employee, the Employee must repay the overpayment within a reasonable time period 
from: 

the time the Employee becomes aware of the overpayment; or 

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 ii. Pay a living away from home allowance as contained in the table in clause 11.2 of this Agreement and an out-of-pocket allowance also contained in the table in clause 11.2 of this Agreement. It is agreed that such allowances will not be counted as wages; or iii. As otherwise agreed between the Employer and the Employee. Where an Employee is directed to perform Distance Work, the Employer will pay for the Employee's transport to the distance location and for any travel time (up to (8) hours per day (including the time accrued towards RDO's) at their Base Hourly Rate of Pay, in accordance with the table in clause 10 of this Agreement. The LAHFA is not subject to any loadings nor payable during any periods of leave. The travel allowance as detailed in clause 11.4 of this Agreement, will be payable to all Employees engaged in Distance Work, except where they are accommodated on or adjacent to the construction site. 11.7 Tools and PPE Employees are required to provide the tools in Appendix 2 from the commencement of their employment with the Employer. The Employer will: (a) replace; or (b) reimburse Employees with the cost of; tools and tool components which are worn and damaged in the course of an Employee's employment on a fair wear and tear basis. The Employer will: (c) provide Employees with; or (d) reimburse Employees for the cost of, The Employers uniforms and PPE, except pants and work boots, in which Employees are required to wear and use. The Employer will replace uniforms and PPE on a fair wear and tear basis. 11.8 Payment of Wages The Employer will make payments to Employees under this Agreement on a fortnightly basis by electronic funds transfer into a bank (or other recognised financial institution) account nominated by the Employee. Employees will receive an electronic payslip in accordance with section 536(2)(b) of the FW Act. Where the Employer has made an overpayment of remuneration or entitlements to an Employee, the Employee must repay the overpayment within a reasonable time period from: the time the Employee becomes aware of the overpayment; or 



the time the Employer notifies the Employee of the overpayment, 

whichever is sooner. 

If the Employee does not repay the overpayment to the Employer within a reasonable 
time period, the Employer is entitled to deduct or retain the amount of any overpayments 
from the Employee's remuneration, including from any termination payments (to the 
extent permitted by law), or to set off this amount. 

12. Superannuation 

The Employer will pay superannuation calculated on an Employee's ordinary 
times earnings in accordance with the Superannuation Guarantee 
(Administration) Act 1992 (Cth). 

Ordinary times earnings are wages paid to an Employee for their ordinary hours 
of work, being the base rates of pay as set out in the table in clause 10 of this 
Agreement and where applicable: 

a. Travel allowance 

b. Productivity allowance 

c. Supervisor allowance 

d. Casual loading 

e. Payment of RDO's 

The Company is, and will remain during the life of this Agreement, a 
participating company in the Construction and Building Unions Superannuation 
Scheme (CBUS) and all Employees will be enrolled in CBUS and be entitled to 
Superannuation benefits in accordance with the terms of CBUS. 

13. Hours of Work 

13.1 Ordinary Hours 

Presenting for work but not required 

An Employee if engaged and presenting for work to commence employment and not 
being required to work will be entitled to at least eight hours of work or payment thereof 
at their ordinary base rate, plus the appropriate travel allowance if eligible. This clause 
will not apply if the services of an Employee are not required by reason of inclement 
weather in which the increment weather provisions will apply. 

13.2 Ordinary Hours of Work 

Except as provided elsewhere in the Agreement, the average ordinary working hours 
will be 38 hours per week in accordance with the following provisions for a four-week 
cycle: 

Ordinary working hours will be worked in a twenty-day, four (4) week cycle, Monday to 
Friday inclusive, the nineteen workdays of eight hours each, between the hours of 

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 the time the Employer notifies the Employee of the overpayment, whichever is sooner. If the Employee does not repay the overpayment to the Employer within a reasonable time period, the Employer is entitled to deduct or retain the amount of any overpayments from the Employee's remuneration, including from any termination payments (to the extent permitted by law), or to set off this amount. 12. Superannuation The Employer will pay superannuation calculated on an Employee's ordinary times earnings in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). Ordinary times earnings are wages paid to an Employee for their ordinary hours of work, being the base rates of pay as set out in the table in clause 10 of this Agreement and where applicable: a. Travel allowance b. Productivity allowance c. Supervisor allowance d. Casual loading e. Payment of RDO's The Company is, and will remain during the life of this Agreement, a participating company in the Construction and Building Unions Superannuation Scheme (CBUS) and all Employees will be enrolled in CBUS and be entitled to Superannuation benefits in accordance with the terms of CBUS. 13. Hours of Work 13.1 Ordinary Hours Presenting for work but not required An Employee if engaged and presenting for work to commence employment and not being required to work will be entitled to at least eight hours of work or payment thereof at their ordinary base rate, plus the appropriate travel allowance if eligible. This clause will not apply if the services of an Employee are not required by reason of inclement weather in which the increment weather provisions will apply. 13.2 Ordinary Hours of Work Except as provided elsewhere in the Agreement, the average ordinary working hours will be 38 hours per week in accordance with the following provisions for a four-week cycle: Ordinary working hours will be worked in a twenty-day, four (4) week cycle, Monday to Friday inclusive, the nineteen workdays of eight hours each, between the hours of 



7.00am and 6.00pm, with 0.4 of an hour on each day working accruing as an 
entitlement to take a rostered day off (RDO) in each cycle paid as though worked, 

(a) This time will accrue as follows: 

i. 0.4 hours (24 minutes) accrued per day worked or per day of paid leave 
taken; 

ii. An Employee is not entitled to accrue the time provided for in clause 
13.2(a) whilst on an RDO. 

13.3 Clearing of RDO's 

(a) The RDO calendars for 2023 & 2024 are contained in Annexure 3 to this 
Agreement. 

(b) While the scheduled RDO's prescribed will be observed, the Employer and 
Employees may consult and alter the scheduled RDO's prescribe in Annexure 
3 to increase productivity and meet scheduled work arrangements. The parties 
agree to consult in good faith and no reasonable request to either, alter the 
schedule RDO or approve an RDO when scheduled will be refused. 

(c) The RDO calendars in Annexure 3 may be subject to change via consultation 
between the Employer and the Employees. 

(d) If on commencement of employment, an Employee does not have enough RDO 
leave accrued to obtain full payment for the next RDO, unless otherwise agreed 
between the parties, only partial payment may be made from accruals. 

(e) Termination of employment. 

(f) On termination of employment, the Employer must pay an Employee all unused 
RDOs the Employee has accrued under this clause. 

(g) RDOs may be banked up to a maximum amount of five (5) RDOs, unless 
otherwise agreed between the parties. These RDO's may taken as times 
agreed between the Employer and Employee. 

(h) Cashing out RDOs will not be allowed to in lieu of them as days off. Individual 
circumstances will be addressed in accordance with clause 9. 

13.4 Early Start 

(a) By agreement between the Employer and Employees, the working day may 
begin at 6.00am. Or any other time between that hour and 8.00am and working 
time will begin to run from the time fixed, with consequential adjustments for 
breaks. 

(b) Employees will be entitled to take five (5) minutes before lunch and before 
finishing times to enable them to wash and put their gear away. The washing 
time breaks will be counted as times worked. 

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 7.00am and 6.00pm, with 0.4 of an hour on each day working accruing as an entitlement to take a rostered day off (RDO) in each cycle paid as though worked, This time will accrue as follows: i. 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken; ii. An Employee is not entitled to accrue the time provided for in clause 13.2(a) whilst on an RDO. .3 Clearing of RDO's (a) The RDO calendars for 2023 & 2024 are contained in Annexure 3 to this Agreement. (b) While the scheduled RDO's prescribed will be observed, the Employer and Employees may consult and alter the scheduled RDO's prescribe in Annexure 3 to increase productivity and meet scheduled work arrangements. The parties agree to consult in good faith and no reasonable request to either, alter the schedule RDO or approve an RDO when scheduled will be refused. (c) The RDO calendars in Annexure 3 may be subject to change via consultation between the Employer and the Employees. (d) If on commencement of employment, an Employee does not have enough RDO leave accrued to obtain full payment for the next RDO, unless otherwise agreed between the parties, only partial payment may be made from accruals. (e) Termination of employment. (1) On termination of employment, the Employer must pay an Employee all unused RDOs the Employee has accrued under this clause. (g) RDOs may be banked up to a maximum amount of five (5) RDOs, unless otherwise agreed between the parties. These RDO's may taken as times agreed between the Employer and Employee. (h) Cashing out RDOs will not be allowed to in lieu of them as days off. Individual circumstances will be addressed in accordance with clause 9. 13.4 Early Start (a) By agreement between the Employer and Employees, the working day may begin at 6.00am. Or any other time between that hour and 8.00am and working time will begin to run from the time fixed, with consequential adjustments for breaks. (b) Employees will be entitled to take five (5) minutes before lunch and before finishing times to enable them to wash and put their gear away. The washing time breaks will be counted as times worked. 



13.5 Breaks 

(a) An Employee who has worked for five (5) hours must be provided with an unpaid 
meal break of not less than thirty (30) minutes. 

(b) An Employee must be provided with a crib break of 10 minutes between 9.00am 
and 11.00am. 

14. Overtime 

14.1 The Employer may request an Employee to work reasonable overtime. 

14.2 An Employee may refuse to work unreasonable overtime. 

14.3 No Employee can work overtime with the prior agreement with the Employer. 

14.4 In determining whether overtime is reasonable or unreasonable, the relevant 
factors can be considered: 

(a) Risk to health and safety; 

(b) The nature of the Employer's business, including its operational requirements 
and project demands; 

(c) The Employee's personal circumstances, including family responsibilities; 

(d) Amount of notice given by the Employer; 

(e) Amount of notice given by the Employee; and 

(f) Any other relevant matter. 

14.5 Overtime Loadings 

An Employee who works outside of Ordinary Hours (inclusive of time accruing towards 
and RDO - i.e. more than eight (8) hours per weekday) must be paid the overtime 
loadings set out in the table below multiplied by their Base Hourly Rate: 

Overtime Period Loading 

Monday to Friday for the first two (2) hours 150% 

Monday to Friday more than two (2) hours 200% 

Saturday first two (2) hours 150% 

Saturday more than (2) hours 200% 

Saturday from 1 July 2023 all hours 200% 

Saturday after midday 200% 

Sunday all hours 200% 

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 13.5 Breaks (a) An Employee who has worked for five (5) hours must be provided with an unpaid meal break of not less than thirty (30) minutes. (b) An Employee must be provided with a crib break of 10 minutes between 9.00am and 11.00am. 14. Overtime 14.1 The Employer may request an Employee to work reasonable overtime. 14.2 An Employee may refuse to work unreasonable overtime. 14.3 No Employee can work overtime with the prior agreement with the Employer. 14.4 In determining whether overtime is reasonable or unreasonable, the relevant factors can be considered: (a) Risk to health and safety; (b) The nature of the Employer's business, including its operational requirements and project demands; (c) The Employee's personal circumstances, including family responsibilities; (d) Amount of notice given by the Employer; (e) Amount of notice given by the Employee; and (1) Any other relevant matter. 14.5 Overtime Loadings An Employee who works outside of Ordinary Hours (inclusive of time accruing towards and RDO - i.e. more than eight (8) hours per weekday) must be paid the overtime loadings set out in the table below multiplied by their Base Hourly Rate: Overtime Period Loading Monday to Friday for the first two (2) hours 150% Monday to Friday more than two (2) hours 200% Saturday first two (2) hours 150% Saturday more than (2) hours 200% Saturday from 1 July 2023 all hours 200% Saturday after midday 200% Sunday all hours 200% 



14.6 Part-time Employees 

(a) For the avoidance of doubt, Part-Time Employees are entitled to overtime after 
more than eight (8) hours worked per day (inclusive of time accruing towards 
RDOs). 

14.7 Apprentices 

(a) An apprentice under the age of 18 years cannot be made to work overtime 
unless they agree to do so. 

(b) An apprentice cannot be made to work overtime if the overtime would conflict 
with their off-the-job training, as per their contract of training with the registered 
training organisation. 

14.8 Minimum Shifts on Weekends 

(a) An Employee who is required to work on a Saturday must be provided with at 
least three (3) hours' worth of pay, regardless of whether there is sufficient work 
for the length of time. 

(b) An Employee who is required to work on a Sunday must be provided with at 
least three (4) hours' worth of pay, regardless of whether there is sufficient work 
for the length of time. 

15. Shift Work 

(a) Employees may be required by the Employer to work predominantly outside the 
Ordinary Hours during a given pay period, which will constitute "Shift Work". 

(b) For Shift Work occurring between midnight Sunday and Midnight Saturday for 
five (5) or more consecutive shifts, Employees must be paid a Shift Work loading 
of 33% calculated on their Base Hourly Rate of Pay, for all hours worked, which 
will replace overtime loading in clause 14.5 of this Agreement. If the Employer 
and the Employee agree, and Employee may perform Shift Work on a Sunday 
and receive a Shift Work loading of 33% calculated on their Base Hourly Rate, 
for all hours worked, which will replace the overtime loadings under clause 14.5 
of this Agreement. 

(c) For Shift Work occurring between midnight Friday and midnight Sunday, 
Employees performing Shift Work will be paid as for weekend work in 
accordance with the overtime provisions of clause 14.5 of this Agreement. 

(d) An Employee employed for less than five (5) consecutive shifts in any working 
week, will be paid in accordance with clause 14.5. However, it can be as paid 
per clause 15(b) for less than five (5) consecutive shifts if notice is given and 
agreed by the Employee or the actions of the Employee means that they will not 
they will not work five (5) consecutive shifts. 

( e) Shift Work hours are treated as Ordinary Hours of work for the purposes of RDO 
and leave accrual. 

(f) For all work performed beyond eight (8) hours per shift (including time accruing 
towards RDOs) Employees performing Shift Work must be paid in accordance 
with the overtime provisions in clause 14.5 of the Agreement. 

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 14.6 Part-time Employees (a) For the avoidance of doubt, Part-Time Employees are entitled to overtime after more than eight (8) hours worked per day (inclusive of time accruing towards RDOs). 14.7 Apprentices (a) An apprentice under the age of 18 years cannot be made to work overtime unless they agree to do so. (b) An apprentice cannot be made to work overtime if the overtime would conflict with their off-the-job training, as per their contract of training with the registered training organisation. 14.8 Minimum Shifts on Weekends (a) An Employee who is required to work on a Saturday must be provided with at least three (3) hours' worth of pay, regardless of whether there is sufficient work for the length of time. (b) An Employee who is required to work on a Sunday must be provided with at least three (4) hours' worth of pay, regardless of whether there is sufficient work for the length of time. 15. Shift Work (a) Employees may be required by the Employer to work predominantly outside the Ordinary Hours during a given pay period, which will constitute "Shift Work". (b) For Shift Work occurring between midnight Sunday and Midnight Saturday for five (5) or more consecutive shifts, Employees must be paid a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked, which will replace overtime loading in clause 14.5 of this Agreement. If the Employer and the Employee agree, and Employee may perform Shift Work on a Sunday and receive a Shift Work loading of 33% calculated on their Base Hourly Rate, for all hours worked, which will replace the overtime loadings under clause 14.5 of this Agreement. (c) For Shift Work occurring between midnight Friday and midnight Sunday, Employees performing Shift Work will be paid as for weekend work in accordance with the overtime provisions of clause 14.5 of this Agreement. (d) An Employee employed for less than five (5) consecutive shifts in any working week, will be paid in accordance with clause 14.5. However, it can be as paid per clause 15(b) for less than five (5) consecutive shifts if notice is given and agreed by the Employee or the actions of the Employee means that they will not they will not work five (5) consecutive shifts. (e) Shift Work hours are treated as Ordinary Hours of work for the purposes of RDO and leave accrual. (f) For all work performed beyond eight (8) hours per shift (including time accruing towards RDOs) Employees performing Shift Work must be paid in accordance with the overtime provisions in clause 14.5 of the Agreement. 



(g) Employees must be provided with at least 10 Consecutive hours off duty 
between shifts. In an Employee commences work without having received ten 
(10) consecutive hours off duty, such time will be paid at overtime rates in 
accordance with clause 14.5 of this Agreement. 

15.1 Public holidays 

(a) The Employer will recognise public holidays, including part-day public holidays, 
in accordance with the NES as they apply in the state or territory set out in 
Employees' employment contracts. 

(b) An Employee is entitled to be absent from work on public holidays. 

(c) Employees (other than Casual Employees) who are absent on a public holiday 
on which the Employee would ordinarily work, must be paid for the Employee's 
ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing to 
an RDO) at the applicable Base Hourly Rate. 

(d) The Employer may request an Employee to work on a public holiday if the 
request is reasonable. However, an Employee may still refuse to work on a 
public holiday. 

(e) Employees who work Ordinary Hours on a public holiday, will be paid 250% of 
their Base Hourly Rate. Employees required to work Ordinary Hours on a public 
holiday will be paid for at least 4 hours. 

(f) The following days (or substituted days under the FW Act or the Holidays Act 
1958 (ACT) are public holidays: 

• 1 January (New Year's Day) 

• 26 January (Australia Day) 

• Canberra Day 

• Good Friday 

• Easter Saturday 

• Easter Sunday 

• Easter Monday 

• 25 April (Anzac Day) 

• Reconciliation Day 

• Queen's Birthday 

• Labour Day 

• 25 December (Christmas Day) 

• 26 December (Boxing Day) 

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 (9) Employees must be provided with at least 10 Consecutive hours off duty between shifts. In an Employee commences work without having received ten (10) consecutive hours off duty, such time will be paid at overtime rates in accordance with clause 14.5 of this Agreement. 15.1 Public holidays (a) The Employer will recognise public holidays, including part-day public holidays, in accordance with the NES as they apply in the state or territory set out in Employees' employment contracts. (b) An Employee is entitled to be absent from work on public holidays. (c) Employees (other than Casual Employees) who are absent on a public holiday on which the Employee would ordinarily work, must be paid for the Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing to an RDO) at the applicable Base Hourly Rate. (d) The Employer may request an Employee to work on a public holiday if the request is reasonable. However, an Employee may still refuse to work on a public holiday. (e) Employees who work Ordinary Hours on a public holiday, will be paid 250% of their Base Hourly Rate. Employees required to work Ordinary Hours on a public holiday will be paid for at least 4 hours. (f) The following days (or substituted days under the FW Act or the Holidays Act 1958 (ACT) are public holidays: 1 January (New Year's Day) . 26 January (Australia Day) . Canberra Day . Good Friday Easter Saturday Easter Sunday . Easter Monday . 25 April (Anzac Day) . Reconciliation Day . Queen's Birthday . Labour Day . 25 December (Christmas Day) 26 December (Boxing Day) . 



15.2 Breaks 

An Employee is entitled to a meal break of no less than 30 minutes. 

An Employee is entitled to a paid rest break of 10 minutes between 9.00 am and 10.00 
am or at another time as agreed between the Employee and the Employer. 

15.3 Inclement weather 

If Employees reasonably believe Inclement Weather is apparent, they must raise the 
issue with their direct supervisor or if their direct supervisor is unavailable, their direct 
supervisor's supervisor. 

If the Employer (or its representative) considers there to be Inclement Weather at a 
Site, the Employer (or its representative) may direct Employees to transfer to another 
Site. If Employees are directed to transfer to another Site because of Inclement 
Weather, they will be entitled to half the amount of the Travel Allowance for their travel 
between Sites. 

If Inclement Weather is rain or hail that: 

(a) is apparent at the commencement of a rostered shift, Employees must 
remain at the Site for a minimum of 4 hours unless directed otherwise by 
the Employer; or 

(b) commences after the start of a rostered shift, Employees must remain at 
the Site for a minimum of half of the remaining Ordinary Hours to be 
worked during that shift unless directed otherwise by the Employer. 

The Employer may only direct Employees to perform work in Inclement Weather to 
overcome an emergency, or to secure or make a Site safe. 

Employees are entitled to be paid for up to 32 hours in any 4-week period at the 
Employees' Base Hourly Rates for periods during which they cannot be usefully 
employed due to Inclement Weather. For the avoidance of doubt, this payment includes 
time accrued towards RDOs. 

Any dispute between the Employees and the Employer regarding inclement weather 
will be dealt with in accordance with clause 20 of this Agreement. 

16. Leave 

16.1 Annual leave 

Full Time Employees are entitled to 4 weeks of paid annual leave per annum for each 
year of service with the Employer, in accordance with the National Employment 
Standards. 

Shift Workers are entitled to 5 weeks of paid annual leave per annum for each year of 
service with the Employer, in accordance with the National Employment Standards. 

Employees' entitlement to paid annual leave accrues progressively on an hourly basis 
during a year in accordance with an Employee's Rostered Hours. An Employee's paid 
annual leave accrual will be deducted from on each occasion an Employee takes paid 
annual leave. 

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 15.2 Breaks An Employee is entitled to a meal break of no less than 30 minutes. An Employee is entitled to a paid rest break of 10 minutes between 9.00 am and 10.00 am or at another time as agreed between the Employee and the Employer. 15.3 Inclement weather If Employees reasonably believe Inclement Weather is apparent, they must raise the issue with their direct supervisor or if their direct supervisor is unavailable, their direct supervisor's supervisor. If the Employer (or its representative) considers there to be Inclement Weather at a Site, the Employer (or its representative) may direct Employees to transfer to another Site. If Employees are directed to transfer to another Site because of Inclement Weather, they will be entitled to half the amount of the Travel Allowance for their travel between Sites. If Inclement Weather is rain or hail that: (a) is apparent at the commencement of a rostered shift, Employees must remain at the Site for a minimum of 4 hours unless directed otherwise by the Employer; or (b) commences after the start of a rostered shift, Employees must remain at the Site for a minimum of half of the remaining Ordinary Hours to be worked during that shift unless directed otherwise by the Employer. The Employer may only direct Employees to perform work in Inclement Weather to overcome an emergency, or to secure or make a Site safe. Employees are entitled to be paid for up to 32 hours in any 4-week period at the Employees' Base Hourly Rates for periods during which they cannot be usefully employed due to Inclement Weather. For the avoidance of doubt, this payment includes time accrued towards RDOs. Any dispute between the Employees and the Employer regarding inclement weather will be dealt with in accordance with clause 20 of this Agreement. 16. Leave 16.1 Annual leave Full Time Employees are entitled to 4 weeks of paid annual leave per annum for each year of service with the Employer, in accordance with the National Employment Standards. Shift Workers are entitled to 5 weeks of paid annual leave per annum for each year of service with the Employer, in accordance with the National Employment Standards. Employees' entitlement to paid annual leave accrues progressively on an hourly basis during a year in accordance with an Employee's Rostered Hours. An Employee's paid annual leave accrual will be deducted from on each occasion an Employee takes paid annual leave. 



Employees will be paid an annual leave loading of 17.5% in addition to their Base 
Hourly Rate of Pay for all paid annual leave. The leave loading of 17.5% is also paid 
on termination of employment. 

Part Time Employees are entitled to accrue annual leave on a pro rata basis. 

All applications for annual leave by Employees must be made in writing to the Employer 
for approval. Subject to clause 16.2 of this Agreement, the Employer may completely 
or partially approve an Employee's application for annual leave as the Employer sees 
fit, and the Employer may direct an Employee to take annual leave: 

(a) to align with the Employee's cycle of Rostered Hours; 

(b) when the Employer shuts down the business or part of the business the 
Employee works in; and 

where the exercise of the Employer's power to require an Employee to take annual 
leave is reasonable. 

16.2 Agreements and directions to take annual leave 

An Employee and the Employer may agree in writing to the Employee taking a period 
of paid annual leave before the Employee has accrued an entitlement to take the leave. 
The written agreement must state the amount of annual leave the Employee will take, 
the date on which the period of annual leave will start, and be signed by the Employer 
and Employee, and a parent or guardian of the Employee if the Employee is under 18. 

An Employee with an Excessive Leave Accrual and the Employer may agree in writing, 
and the Employer may direct an Employee with an Excessive Leave Accrual, to take 
paid annual leave as long as the Employee: 

(a) is not left with an accrued annual leave entitlement of less than 6 weeks; 

(b) is not required to take any period of paid annual leave of less than one week; 
and 

(c) is not required to take the period of paid annual leave less than 8 weeks, or 
more than 12 months, after the agreement is made, or the direction is given. 

An Employee and the Employer may agree in writing to the Employee cashing out an 
amount of accrued paid annual leave where: 

(d) the amount cashed out by the Employee does not exceed 2 weeks' in any 12 
month period; 

(e) the Employee's remaining accrued paid annual leave balance is not less than 4 
weeks; and 

(f) the agreement is signed by the Employer and Employee, and a parent or 
guardian of the Employee if the Employee is under 18. 

16.3 Personal/carer's leave 

Eligible Employees are entitled to personal/carer's leave in accordance with the 
National Employment Standards. Paid personal/carer's leave will accrue progressively 

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 Employees will be paid an annual leave loading of 17.5% in addition to their Base Hourly Rate of Pay for all paid annual leave. The leave loading of 17.5% is also paid on termination of employment. Part Time Employees are entitled to accrue annual leave on a pro rata basis. All applications for annual leave by Employees must be made in writing to the Employer for approval. Subject to clause 16.2 of this Agreement, the Employer may completely or partially approve an Employee's application for annual leave as the Employer sees fit, and the Employer may direct an Employee to take annual leave: (a) to align with the Employee's cycle of Rostered Hours; (b) when the Employer shuts down the business or part of the business the Employee works in; and where the exercise of the Employer's power to require an Employee to take annual leave is reasonable. 16.2 Agreements and directions to take annual leave An Employee and the Employer may agree in writing to the Employee taking a period of paid annual leave before the Employee has accrued an entitlement to take the leave. The written agreement must state the amount of annual leave the Employee will take, the date on which the period of annual leave will start, and be signed by the Employer and Employee, and a parent or guardian of the Employee if the Employee is under 18. An Employee with an Excessive Leave Accrual and the Employer may agree in writing, and the Employer may direct an Employee with an Excessive Leave Accrual, to take paid annual leave as long as the Employee: (a) is not left with an accrued annual leave entitlement of less than 6 weeks; (b) is not required to take any period of paid annual leave of less than one week; and (c) is not required to take the period of paid annual leave less than 8 weeks, or more than 12 months, after the agreement is made, or the direction is given. An Employee and the Employer may agree in writing to the Employee cashing out an amount of accrued paid annual leave where: (d) the amount cashed out by the Employee does not exceed 2 weeks' in any 12 month period; (e) the Employee's remaining accrued paid annual leave balance is not less than 4 weeks; and (f) the agreement is signed by the Employer and Employee, and a parent or guardian of the Employee if the Employee is under 18. .3 Personal/carer's leave Eligible Employees are entitled to personal/carer's leave in accordance with the National Employment Standards. Paid personal/carer's leave will accrue progressively 



and accumulate from year to year. Accrued paid personal/carer's leave entitlements 
will not be paid on termination of an Employee's employment. 

To take paid and unpaid personal/carer's leave Employees must notify the Employer 
as soon as reasonably practicable of the nature of the injury, illness or emergency of 
the Employee or their Immediate Family member, as well as the period or expected 
period of leave. The Employee must provide the Employer with a written application for 
leave following the Employee's return to work from personal/carer's leave. 

Employees may be required to provide the Employer with evidence to substantiate the 
Employee's basis for taking personal/carer's leave. Evidence reasonably required by 
the Employer may include a certificate from a registered medical practitioner or 
statutory declaration executed by the Employee. Should the Employee take personal 
leave/carers leave on a day either side of a public holiday that is not an RDO, the 
Employee will be required to provide evidence to substantiate the Employee's basis for 
taking leave. The Employer may not approve a period of paid personal/carer's leave if 
the Employee fails to provide evidence to the reasonable satisfaction of the Employer 
of the basis for the Employee's absence. 

If an Employee is unable to attend work because of injury or illness, or because of an 
injury, illness, or emergency affecting an Immediate Family member, and the Employee 
does not have an accrued entitlement to personal/carer's leave: 

(a) the Employee may request to take unpaid personal/carer's leave or annual 
leave, which the Employer may approve in accordance with this clause 16; or 

(b) the Employer may direct the Employee to take annual leave if the Employee has 
an Excessive Leave Accrual, in which case the Employer is not required to give 
any notice to the Employee before the Employee may take the annual leave. 

16.4 Compassionate leave 

Eligible Employees are entitled to compassionate leave in accordance with the National 
Employment Standards. 

16.5 Parental leave 

Eligible Employees are entitled to parental leave in accordance with the National 
Employment Standards. 

16.6 Community service leave 

Eligible Employees are entitled to community service leave in accordance with the 
National Employment Standards. 

16. 7 Family and domestic violence leave 

Eligible Employees are entitled to family and domestic leave in accordance with the 
National Employment Standards. 

16.8 Long service leave 

Eligible Employees are entitled to long service leave in accordance with the relevant 
long service leave legislation, having regard to their role, Site, and work location. 

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 and accumulate from year to year. Accrued paid personal/carer's leave entitlements will not be paid on termination of an Employee's employment. To take paid and unpaid personal/carer's leave Employees must notify the Employer as soon as reasonably practicable of the nature of the injury, illness or emergency of the Employee or their Immediate Family member, as well as the period or expected period of leave. The Employee must provide the Employer with a written application for leave following the Employee's return to work from personal/carer's leave. Employees may be required to provide the Employer with evidence to substantiate the Employee's basis for taking personal/carer's leave. Evidence reasonably required by the Employer may include a certificate from a registered medical practitioner or statutory declaration executed by the Employee. Should the Employee take personal leave/carers leave on a day either side of a public holiday that is not an RDO, the Employee will be required to provide evidence to substantiate the Employee's basis for taking leave. The Employer may not approve a period of paid personal/carer's leave if the Employee fails to provide evidence to the reasonable satisfaction of the Employer of the basis for the Employee's absence. If an Employee is unable to attend work because of injury or illness, or because of an injury, illness, or emergency affecting an Immediate Family member, and the Employee does not have an accrued entitlement to personal/carer's leave: (a) the Employee may request to take unpaid personal/carer's leave or annual leave, which the Employer may approve in accordance with this clause 16; or (b) the Employer may direct the Employee to take annual leave if the Employee has an Excessive Leave Accrual, in which case the Employer is not required to give any notice to the Employee before the Employee may take the annual leave. 16.4 Compassionate leave Eligible Employees are entitled to compassionate leave in accordance with the National Employment Standards. 16.5 Parental leave Eligible Employees are entitled to parental leave in accordance with the National Employment Standards. 16.6 Community service leave Eligible Employees are entitled to community service leave in accordance with the National Employment Standards. 16.7 Family and domestic violence leave Eligible Employees are entitled to family and domestic leave in accordance with the National Employment Standards. 16.8 Long service leave Eligible Employees are entitled to long service leave in accordance with the relevant long service leave legislation, having regard to their role, Site, and work location. 



17. Termination of employment 

The Required Notice for a Full Time or Part Time Employee is specified below, in 
accordance with the Employee's period of continuous service with the Employer. 

Employee's period of continuous service Required Notice 
with the Employer 

Less than 1 year 1 week 

1 year or more, but less than 3 years 2 weeks 

3 years or more, but less than 5 years 3 weeks 

5 years or more years 4 weeks 

The Required Notice for a Full Time or Part Time Employee specified in the table above 
will increase by 1 week if the Employee is over 45 years old and has completed at least 
2 years of continuous service with the Employer. 

The Required Notice for a Casual Employee is 1 hour. 

The Employer may, in its absolute discretion, pay an Employee in lieu of part or all of 
the Employee's Required Notice period. 

If an Employee fails to work some or all of their Required Notice period, the Employer 
may deduct and retain an amount in lieu of the remaining period of Required Notice 
from any monies owing to the Employee on termination (to the extent permitted by law). 

The Employer may terminate an Employee's employment without giving the Required 
Notice where the Employee commits serious misconduct. If an Employee is dismissed 
in these circumstances, they Employer will make any payments to the Employee up to 
the date of the termination of the Employee's employment. This clause applies despite 
any other term of this Agreement. 

For the avoidance of doubt, the Employer will pay an Employee any RDOs accrued up 
to the date of the termination of the Employee's employment. 

If an Employee owes any amount(s) of money to the Employer at the time of the 
termination of their employment, the Employer will deduct and retain the amount(s) 
from any entitlement that would be paid to the Employee on termination of their 
employment (to the extent permitted by law). 

Upon termination of their employment, Employees must return all of the Employer's 
property to the Employer including but not limited to vehicles, mobile phones, tools, 
parts, and PPE. 

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 17. Termination of employment The Required Notice for a Full Time or Part Time Employee is specified below, in accordance with the Employee's period of continuous service with the Employer. Employee's period of continuous service Required Notice with the Employer Less than 1 year 1 week 1 year or more, but less than 3 years 2 weeks 3 years or more, but less than 5 years 3 weeks 5 years or more years 4 weeks The Required Notice for a Full Time or Part Time Employee specified in the table above will increase by 1 week if the Employee is over 45 years old and has completed at least 2 years of continuous service with the Employer. The Required Notice for a Casual Employee is 1 hour. The Employer may, in its absolute discretion, pay an Employee in lieu of part or all of the Employee's Required Notice period. If an Employee fails to work some or all of their Required Notice period, the Employer may deduct and retain an amount in lieu of the remaining period of Required Notice from any monies owing to the Employee on termination (to the extent permitted by law). The Employer may terminate an Employee's employment without giving the Required Notice where the Employee commits serious misconduct. If an Employee is dismissed in these circumstances, they Employer will make any payments to the Employee up to the date of the termination of the Employee's employment. This clause applies despite any other term of this Agreement. For the avoidance of doubt, the Employer will pay an Employee any RDOs accrued up to the date of the termination of the Employee's employment. If an Employee owes any amount(s) of money to the Employer at the time of the termination of their employment, the Employer will deduct and retain the amount(s) from any entitlement that would be paid to the Employee on termination of their employment (to the extent permitted by law). Upon termination of their employment, Employees must return all of the Employer's property to the Employer including but not limited to vehicles, mobile phones, tools, parts, and PPE. 



18. Redundancy 

a) The employer shall participate in a Redundancy Protection Scheme and 
shall make relevant contributions on behalf of all employees to provide for 
the payment of redundancy benefits to employees. 

b) The benefits to be provided to the Employees shall be equivalent to the 
benefits provided by an Approved Worker Entitlement Fund under the 
Fringe Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is 
administered and/or managed by Redundancy Payment Central Fund Ltd 
(lncolink). 

c) The particular Redundancy Protection Scheme to be provided shall be 
agreed between the majority of employees and the employer. Any ATO 
Approved Fund that is administered and/or managed by lncolink shall be 
taken as agreed to by the majority of employees and the employer for the 
purpose of this clause. 

d) For the purpose of clause (c) once lncolink has notified the employer of the 
relevant ATO Approved Fund (lncolink Responsible Fund) the employer 
will enrol to become a member and will enrol all the employees of the 
employer within the scope of this Agreement in the lncolink Responsible 
Fund in accordance with the constituting documents of the lncolink 
Responsible Fund. The employer must abide by and pay contributions to 
that lncolink Responsible Fund on behalf of each employee in accordance 
with the constituting documents of the lncolink Responsible Fund. The 
employees enrolled shall be entitled to redundancy benefits in accordance 
with the terms of the lncolink Responsible Fund's trust deed. 

e) Where the employer is already a member of an ATO Approved Fund which 
lncolink is trustee (Appropriate lncolink Fund), the employer shall enrol 
all the employees of the employer within the scope of this Agreement in the 
Appropriate lncolink Fund in accordance with the constituting documents of 
the Appropriate lncolink Fund. The employer must abide by and pay 
contributions to that Appropriate lncolink Fund on behalf of each employee 
in accordance with the constituting documents of the Appropriate lncolink 
Fund. The employees enrolled shall be entitled to redundancy benefits in 
accordance with the terms of the Appropriate lncolink Fund's trust deed. 

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 18.2 and the entitlement of the employee under relevantly the 
lncolink Responsible Fund or the Appropriate lncolink Fund 

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 18. Redundancy a) The employer shall participate in a Redundancy Protection Scheme and shall make relevant contributions on behalf of all employees to provide for the payment of redundancy benefits to employees. b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). C) The particular Redundancy Protection Scheme to be provided shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. e) Where the employer is already a member of an ATO Approved Fund which Incolink is trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. 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 18.2 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 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. 

18.1 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. 

18.2 Redundancy pay 

A redundant Employee will receive redundancy/severance payments in 
respect of all continuous service with the Employer, calculated as 
follows: 

Period of continuous service 
Redundancy/Severance Pay 

with an employer 

2.4 weeks' pay plus, for all service 

1 year or more but less than 2 in excess of 1 year, 1. 75 hours pay 

Years per completed week of service up 

to a maximum of 4.8 weeks' pay 

4.8 weeks' pay plus, for all service 

2 years or more but less than 3 in excess of 2 years, 1.6 hours pay 

Years per completed week of service up 

to a maximum of 7 weeks' pay 

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 

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 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. 18.1 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. 18.2 Redundancy pay A redundant Employee will receive redundancy/severance payments in respect of all continuous service with the Employer, calculated as follows: Period of continuous service Redundancy/Severance Pay with an employer 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 4.8 weeks' pay plus, for all service 2 years or more but less than 3 in excess of 2 years, 1.6 hours pay Years per completed week of service up to a maximum of 7 weeks' pay 7 weeks' pay plus, for all service in 3 years or more but less than 4 excess of 3 years, 0.73 hours pay Years per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay 



(a) Provided that an employee employed for less than 12 months will be 
entitled to a redundancy/severance payment of 1.75 hours per week 
of service if, and only if, redundancy is occasioned otherwise than by 
the employee. 

(b) Week's pay means the ordinary time rate of pay at the time of 
termination for the employee concerned. 

(c) If an employee dies with a period of eligible service which would have 
entitled that employee to redundancy pay, such redundancy pay 
entitlement will be paid to the estate of the employee. 

(d) Any period of service as a casual will not entitle an employee to 
accrue service in accordance with this clause for that period. 

(e) Service as an apprentice will entitle an employee to accumulate 
credits towards the payment of a redundancy benefit in accordance 
with this 

(f) 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. 

(h) The weekly amount is $120.00 for employees excluding apprentices 

(i) Upon termination the employee will, depending on the Scheme's trust 
deed, be paid directly by the Scheme. 

0) For the purpose of meeting its obligations under this clause the 
employer will make the contributions set out in clause 20 above on a 
monthly basis in respect of each employee covered by this Agreement 
to the Scheme. 

(k) Where an employee is entitled to a payment by the Scheme under 
clause 20 and an entitlement under the provisions of this clause would 
be greater than the employee will receive the difference between the 
amount due under clause 20 and the amount due under this clause, 
but not both. 

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 (a) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (b) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. (c) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement will be paid to the estate of the employee. (d) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (e) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this (f) 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. (h) The weekly amount is $120.00 for employees excluding apprentices Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 20 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (k) Where an employee is entitled to a payment by the Scheme under clause 20 and an entitlement under the provisions of this clause would be greater than the employee will receive the difference between the amount due under clause 20 and the amount due under this clause, but not both. 



19 Consultation 

The Model Consultation Term applies to, and is set out in Annexure 1 of, this 
Agreement. An 'employee' is an Employee and the 'employer' is the Employer for the 
purpose of the Model Consultation Term. 

20 Dispute resolution 

If an Employee and the Employer are in dispute about a matter arising under this 
Agreement or the National Employment Standards, the following procedure must be 
followed: 

Step 1 

Step 2 

Step 3 

Step 4 

Step 5 

The Employee must raise the issue in dispute with their direct 
supervisor in writing. If the Employee thinks it is inappropriate 
to raise the issue with their direct supervisor, the Employee 
may raise the issue in writing with the person their direct 
supervisor reports to. 

The person the Employee raises the issue with under Step 1 
must provide a response in writing as soon as possible and 
within 21 Rostered Working Days of receipt of the notification 
outlined in Step 1. 

If the person the Employee raises the issue with under Step 1 
cannot resolve the issue, the issue will be referred to the 
person who the person who initially received the notice of 
under Step 1 reports to. 

If the person who the issue is raised with under Step 3 cannot 
resolve the issue, the issue will be referred to the Employer's 
Director or the Director's delegate for consideration. The 
Employer's Director or the Director's delegate will meet with 
the Employee to discuss the issue and attempt to resolve the 
issue in dispute. 

If the dispute has not been resolved following completion of 
Steps 1 to 4, the Employee or the Employer may refer the 
matter to the FWC for conciliation. The FWC cannot conciliate 
the dispute until Steps 1 to 4 have been followed. The 
Employee and the Employer may be represented by an agent 
or legal representative in any conciliation process conducted 
by the FWC. 

An Employee who is a party to a dispute under this clause may appoint a representative 
for the purposes of the procedures in this clause. 

An Employee and the Employer will make all genuine and reasonable attempts to 
resolve the dispute expeditiously during the procedures set out in this clause. While the 
dispute is being resolved in accordance with the procedures in this clause, an 

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 19 Consultation The Model Consultation Term applies to, and is set out in Annexure 1 of, this Agreement. An 'employee' is an Employee and the 'employer' is the Employer for the purpose of the Model Consultation Term. 20 Dispute resolution If an Employee and the Employer are in dispute about a matter arising under this Agreement or the National Employment Standards, the following procedure must be followed: Step 1 The Employee must raise the issue in dispute with their direct supervisor in writing. If the Employee thinks it is inappropriate to raise the issue with their direct supervisor, the Employee may raise the issue in writing with the person their direct supervisor reports to. Step 2 The person the Employee raises the issue with under Step 1 must provide a response in writing as soon as possible and within 21 Rostered Working Days of receipt of the notification outlined in Step 1. Step 3 If the person the Employee raises the issue with under Step 1 cannot resolve the issue, the issue will be referred to the person who the person who initially received the notice of under Step 1 reports to. Step 4 If the person who the issue is raised with under Step 3 cannot resolve the issue, the issue will be referred to the Employer's Director or the Director's delegate for consideration. The Employer's Director or the Director's delegate will meet with the Employee to discuss the issue and attempt to resolve the issue in dispute. Step 5 If the dispute has not been resolved following completion of Steps 1 to 4, the Employee or the Employer may refer the matter to the FWC for conciliation. The FWC cannot conciliate the dispute until Steps 1 to 4 have been followed. The Employee and the Employer may be represented by an agent or legal representative in any conciliation process conducted by the FWC. An Employee who is a party to a dispute under this clause may appoint a representative for the purposes of the procedures in this clause. An Employee and the Employer will make all genuine and reasonable attempts to resolve the dispute expeditiously during the procedures set out in this clause. While the dispute is being resolved in accordance with the procedures in this clause, an 



Employee must continue to attend for and perform work in accordance with their 
employment contract and this Agreement. 

21. No extra claims 

The Employees and the Employer agree that while this Agreement is in operation, there 
will be no claims in respect of any industrial matters, regardless of whether they are the 
subject of this Agreement. 

22. Other instruments 

While this Agreement applies to an Employee no other industrial instrument, enterprise 
or collective agreement, award, workplace determination, pre-reform certified 
agreement, preserved state agreement or notional agreement preserving a state award 
will apply to the Employee to the extent permitted by law. 

23. Dictionary 

Agreement means this Empire Plumbing & Drains Enterprise Agreement 2023. 

Apprentice means an Employee engaged as such by the Employer in accordance with this 
Agreement. 

Award means the Plumbing and Fire Sprinklers Award 2020. 

Classification means a classification as set out in the table at clause 10 of this Agreement. 

Base Hourly Rate means the dollar amount as set out in the table in clause 10. 

Director means a person appointed to that position in accordance with the Corporations Act 
2001 (Cth). 

Employee means a person employed by the Employer in a Classification at any Site. 

Employer means EPD. 

EPD means Empire Plumbing & Drains Pty Ltd (ACN 630 355 430). 

Excessive Leave Accrual means an Employee who has accrued more than 8 weeks' paid 
annual leave or a Shift Worker who has accrued more than 10 weeks' paid annual leave. 

FW Act means the Fair Work Act 2009 (Cth). 

FW Regulations means the Fair Work Regulations 2009 (Cth). 

FWC means the Fair Work Commission. 

Immediate Family means an Employee's spouse or de facto partner, and a child, parent, 
grandparent, grandchild or sibling of the Employee or the Employee's spouse or de factor 
partner. 

Inclement Weather means the existence of a natural climatic condition that makes it 
unreasonable or unsafe for work to continue as determined by the Employer or its 
representative( s ). 

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 Employee must continue to attend for and perform work in accordance with their employment contract and this Agreement. . No extra claims The Employees and the Employer agree that while this Agreement is in operation, there will be no claims in respect of any industrial matters, regardless of whether they are the subject of this Agreement. . Other instruments While this Agreement applies to an Employee no other industrial instrument, enterprise or collective agreement, award, workplace determination, pre-reform certified agreement, preserved state agreement or notional agreement preserving a state award will apply to the Employee to the extent permitted by law. 23. Dictionary Agreement means this Empire Plumbing & Drains Enterprise Agreement 2023. Apprentice means an Employee engaged as such by the Employer in accordance with this Agreement. Award means the Plumbing and Fire Sprinklers Award 2020. Classification means a classification as set out in the table at clause 10 of this Agreement. Base Hourly Rate means the dollar amount as set out in the table in clause 10. Director means a person appointed to that position in accordance with the Corporations Act 2001 (Cth). Employee means a person employed by the Employer in a Classification at any Site. Employer means EPD. EPD means Empire Plumbing & Drains Pty Ltd (ACN 630 355 430). Excessive Leave Accrual means an Employee who has accrued more than 8 weeks' paid annual leave or a Shift Worker who has accrued more than 10 weeks' paid annual leave. FW Act means the Fair Work Act 2009 (Cth). FW Regulations means the Fair Work Regulations 2009 (Cth). FWC means the Fair Work Commission. Immediate Family means an Employee's spouse or de facto partner, and a child, parent, grandparent, grandchild or sibling of the Employee or the Employee's spouse or de factor partner. Inclement Weather means the existence of a natural climatic condition that makes it unreasonable or unsafe for work to continue as determined by the Employer or its representative(s). 



Mature Age means a person over 21 years of age. 

Model Consultation Term means the consultation term prescribed by the FW Act and 
Regulations as contained in Annexure 1. 

Multistorey Site means a site where a building or structure is being erected or renovated and 
the building or structure is, or will be when completed, 5 or more storey levels. 

National Employment Standards means the National Employment Standards in the FW Act. 

Ordinary Hours means, subject to clause 13.1, an average of 38 hours per week over a 4-
week cycle for a Full Time Employee. 

Overtime means an entitlement arising under clause/s 14 to 14.6 of this Agreement. 

Penalty Rates means any entitlement arising from clauses 14 to 14.6 of this Agreement. 

PPE means personal protective equipment. 

RDO means rostered day off. 

Redundancy Pay means an amount in the table in clause 16 of this Agreement. 

Required Notice is the amount of time an Employee must give the Employer or the Employer 
must give an Employee to terminate an Employee's employment. 

Rostered Hours means the hours an Employee is rostered to work by the Employer and 
includes Ordinary Hours, hours worked towards RDOs, and reasonable additional hours. 

Rostered Working Day means a day on which an Employee has Rostered Hours. 

Shift Work means work carried on with consecutive shifts of Employees throughout the 24 
hours of each of at least six consecutive days without interruption except for breakdowns or 
meal breaks or due to unavoidable causes beyond the control of the Employer. 

Shift Worker means an Employee who works Shift Work and who is regularly rostered to work 
on Sundays and public holidays. 

Site means any site where Employees are required to perform work for the Employer. 

Span of Hours means the time from 6.00 am to 6.00 pm 

Superannuation Legislation means the Superannuation Guarantee (Administration) Act 
1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation 
Industry (Supervision) Act 1993 (Cth), and the Superannuation (Resolution of Complaints) 
Acts 1993 (Cth). 

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 Mature Age means a person over 21 years of age. Model Consultation Term means the consultation term prescribed by the FW Act and Regulations as contained in Annexure 1. Multistorey Site means a site where a building or structure is being erected or renovated and the building or structure is, or will be when completed, 5 or more storey levels. National Employment Standards means the National Employment Standards in the FW Act. Ordinary Hours means, subject to clause 13.1, an average of 38 hours per week over a 4- week cycle for a Full Time Employee. Overtime means an entitlement arising under clause/s 14 to 14.6 of this Agreement. Penalty Rates means any entitlement arising from clauses 14 to 14.6 of this Agreement. PPE means personal protective equipment. RDO means rostered day off. Redundancy Pay means an amount in the table in clause 16 of this Agreement. Required Notice is the amount of time an Employee must give the Employer or the Employer must give an Employee to terminate an Employee's employment. Rostered Hours means the hours an Employee is rostered to work by the Employer and includes Ordinary Hours, hours worked towards RDOs, and reasonable additional hours. Rostered Working Day means a day on which an Employee has Rostered Hours. Shift Work means work carried on with consecutive shifts of Employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the Employer. Shift Worker means an Employee who works Shift Work and who is regularly rostered to work on Sundays and public holidays. Site means any site where Employees are required to perform work for the Employer. Span of Hours means the time from 6.00 am to 6.00 pm Superannuation Legislation means the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), and the Superannuation (Resolution of Complaints) Acts 1993 (Cth). 



24. Signatories 

Signed for and on behalf of Empire Plumbing & Drains Ply Ltd (ACN 630 355 430): 

(Company Representative's Signature) 

Director - Empire Plumbing and Drains 

(Grounds for Authority to sign agreement) 

Aaron Klease 
(Name Printed Clearly) 

48 Polilight St Dunlop ACT ... .................... .. .. .. ...... ...... .. ... .. .. .. .... .. .... .. .. .. ... .... .. ..... .. .. .. .. .. .. 
(Address) 

12/05/2023 
(Date) 

Signed for and on behalf of the Employees by their Representative: 

·········~~ ... ' ... ? ... .. 
(Employee's Union Representative (Signature) 

Plumbers Union Representative 

(Grounds for authority to sign agreement) 

Shop 1 / 111 McEvoy Street Alexandria NSW 2015 
(Address) 

"(t,eo ScrMart-ZPfo;,v/ 1:2?S 
(Name Printed Clearly) 

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 24. Signatories Signed for and on behalf of Empire Plumbing & Drains Pty Ltd (ACN 630 355 430): Aaron Klease (Company Representative's Signature) (Name Printed Clearly) Director - Empire Plumbing and Drains (Grounds for Authority to sign agreement) 48 Polilight St Dunlop ACT ... (Address) 12/05/2023 (Date) Signed for and on behalf of the Employees by their Representative: (Employee's Union Representative (Signature) (Name Pumeu Clearly) Plumbers Union Representative (Grounds for authority to sign agreement) Shop 1 / 111 McEvoy Street Alexandria NSW 2015 (Address) (Date) 

  

 Samartzopoulos 

 Theo 

 12/5/2023 



Annexure 1 

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 

(b) proposes to introduce a change to the regular roster or ordinary hours of work 
of employees. 

Major change 

2. 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. 

3. The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 

4. If: 

(a) a relevant employee appoints, or relevant employees appoint, a representative 
for the purposes of consultation; and 

(b) the employee or employees advise the employer of the identity of the 
representative; 

the employer must recognise the representative. 

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 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. 

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 Annexure 1 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 (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change 2. 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. 3. The relevant employees may appoint a representative for the purposes of the procedures in this term. 4. If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 5. As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: the introduction of the change; and (ii) the effect the change is likely to have on 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. 



6. However, the employer is not required to disclose confidential or commercially sensitive 
information to the relevant employees. 

7. The employer must give prompt and genuine consideration to matters raised about the 
major change by the relevant employees. 

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 (2)(a) and subclauses (3) and (5) are taken not to 
apply. 

9. In this term, a major change is likely to have a significant effect on employees if it 
results in: 

(a) the termination of the employment of employees; or 

(b) major change to the composition, operation or size of the employer's workforce 
or to the skills required of employees; or 

(c) the elimination or diminution of job opportunities (including opportunities for 
promotion or tenure); or 

(d) the alteration of hours of work; or 

(e) the need to retrain employees; or 

(f) the need to relocate employees to another workplace; or 

(g) the restructuring of jobs. 

Change to regular roster or ordinary hours of work 

10. For a change referred to in paragraph (1)(b): 

(a) the employer must notify the relevant employees of the proposed change; and 

(b) subclauses (11) to (15) apply. 

11. The relevant employees may appoint a representative for the purposes of the 
procedures in this term. 

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. 

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 discuss - provide to the relevant employees: 

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 6. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 7. The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 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 (2)(a) and subclauses (3) and (5) are taken not to apply. 9. In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work 10. For a change referred to in paragraph (1)(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses (11) to (15) apply. 11. The relevant employees may appoint a representative for the purposes of the procedures in this term. 12. (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 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 discuss - 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). 

14. However, the employer is not required to disclose confidential or commercially sensitive 
information to the relevant employees. 

15. The employer must give prompt and genuine consideration to matters raised about the 
change by the relevant employees. 

16. In this term relevant employees means the employees who may be affected by a 
change referred to in subclause (1 ). 

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 (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). 14. However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 15. The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 16. In this term relevant employees means the employees who may be affected by a change referred to in subclause (1). 



Annexure 2 

The tools described in clause 11.7 are: 

1 x 225mm footprint wrench 1 x 25mm wood chisel 

1 x 225mm stillson wrench 1 x caulking gun 

1 x 450mm stillson wrench 1 x 150mm crescent shifting spanner 

1 pair of 250mm vice grips 1 x 300mm crescent shifting spanner 

1 pair of 225mm multigrip pliers 1 x 250mm rasp and handle 

1 pair of 250mm pincers 1 x 250mm half round file and handle 

1 pair of 300mm straight snips 1 x hacksaw Sandvik 225 

1 pair of 175mm curved snips 1 x junior hacksaw 

1 pair of left hand Wiss snips 1 x 3-32mm tube cutter 

1 pair of right hand Wiss snips 1 x tapered bent pin 

1 x pop rivet gun 1 x pointing trowel 

1 pair of 200mm dividers 1 x basin spanner 

1 pair of 15mm copper tube benders 1 x strap wrench 

1 set of alien keys (1-10mm: metric and imperial) 1 x centre punch 

1 set of ratchet socket wrenches (6-25mm) 1 x prick punch 

OR 

1 set of open-end/ring spanners (6-25mm) 

1 x 200mm phillips screwdriver 1 x nail bag 

1 x 150mm phillips screwdriver 1 x toolbox 

OR 

1 x carry all or equivalent 

1 x 300mm slotted screwdriver 1 x plugging chisel 

1 x 200mm slotted screwdriver 1 x 13mm cold chisel 

1 socket set (up to 25mm) 1 x 25mm cold chisel 

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 Annexure 2 The tools described in clause 11.7 are: 1 x 225mm footprint wrench 1 x 25mm wood chisel 1 x 225mm stillson wrench 1 x caulking gun 1 x 450mm stillson wrench 1 x 150mm crescent shifting spanner 1 pair of 250mm vice grips 1 x 300mm crescent shifting spanner 1 pair of 225mm multigrip pliers 1 x 250mm rasp and handle 1 pair of 250mm pincers 1 x 250mm half round file and handle 1 pair of 300mm straight snips 1 x hacksaw Sandvik 225 1 pair of 175mm curved snips 1 x junior hacksaw 1 pair of left hand Wiss snips 1 x 3-32mm tube cutter 1 pair of right hand Wiss snips 1 x tapered bent pin 1 x pop rivet gun 1 x pointing trowel 1 pair of 200mm dividers 1 x basin spanner 1 pair of 15mm copper tube benders 1 x strap wrench 1 set of allen keys (1-10mm: metric and imperial) 1 x centre punch 1 set of ratchet socket wrenches (6-25mm) 1 x prick punch OR 1 set of open-end/ring spanners (6-25mm) 1 x 200mm phillips screwdriver 1 x nail bag 1 x 150mm phillips screwdriver 1 x toolbox OR 1 x carry all or equivalent 1 x 300mm slotted screwdriver 1 x plugging chisel 1 x 200mm slotted screwdriver 1 x 13mm cold chisel 1 socket set (up to 25mm) 1 x 25mm cold chisel 



1 pair of½" tube benders 1 x Stanely knife 

1 x 20oz claw hammer 1 x flint gun 

1 x trap wrench 1 x oxygen key 

1 x 4Ib lump hammer 1 x measuring tape (8m) 

1 x 250mm bevel square 1 x 660mm hand wood saw 

1 x 300mm square set 1 x PVC conduit cutters 

1 x 1200mm spirit level 1 x wire brush 

1 x bricklayers string line 1 x trade quality drill with battery and charger 
(minimum of 14.4V) 

1 x chalk line 1 x 4 way laser (calibrated) 

1 x 450g plumbob 

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 1 pair of 1/2" tube benders 1 x Stanely knife 1 x 20oz claw hammer 1 x flint gun 1 x trap wrench 1 x oxygen key 1 x 4lb lump hammer 1 x measuring tape (8m) 1 x 250mm bevel square 1 x 660mm hand wood saw 1 x 300mm square set 1 x PVC conduit cutters 1 x 1200mm spirit level. 1 x wire brush 1 x bricklayers string line 1 x trade quality drill with battery and charger (minimum of 14.4V) 1 x chalk line 1 x 4 way laser (calibrated) 1 x 450g plumbob 



Annexure 3 

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) 

11 th 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 

21 rd 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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 Annexure 3 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 



RDO Calendar 2024 (38 hour} 

1st January Public Holiday (New Year's Day) 

25th January RDO 

26th January Public Holiday (Australia Day) 

20nd February RDO 

11 th 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) 

11 th June RDO 

24th July RDO 

21st 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 

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 RDO Calendar 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 21st 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 



IN THE FAIR WORK COMMISSION 
 
FWC Matter No.:  
AG2023/1409  
 
Applicant: 
Empire Plumbing & Drains Pty Ltd  
 
 
Section 185 – Application for approval of a single enterprise agreement 
 

Undertaking – Section 190 
 
I, Aaron Klease, Director have the authority given to me by Empire Plumbing & Drains Pty 
Ltd to give the following undertakings with respect to the Empire Plumbing & Drains Pty Ltd 
& CEPU ACT Plumbing Enterprise Agreement 2023 (“the Agreement”): 
 
 
1. A Tradesman Level 1 – Operative Drainer contained in Clause 10 of the Agreement 

under the heading “Classifications” will receive a base hourly rate of $39.23; and  
 
 
2. Before commencing a period of part-time employment pursuant to Clause 6.1 of the 

Agreement, the employee and the employer will agree in writing: 
 

(a) that the employee may work part-time; 
(b) upon the hours to be worked by the Employee, the days upon which they will 

be worked and commencing and finishing times for the work; 
(c) upon the classification applying to the work to be performed; and 
(d) upon the period of part-time employment. 

The terms of the part-time agreement may be varied, in writing, by consent of the 
Employee and Employer. 

 
The Employer will provide the Employee with a copy of the part-time agreement and 
any variation to it. 

 
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 

31/05/2023

Cases cited by this decision: