1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2023/4349)
HOGAN PLUMBING GROUP PTY LTD & CEPU PLUMBING DIVISION
NSW BRANCH REGIONAL PLUMBING ENTERPRISE AGREEMENT
2021-2024
Building services
DEPUTY PRESIDENT COLMAN MELBOURNE, 30 NOVEMBER 2023
Application for approval of the Hogan Plumbing Group Pty Ltd & CEPU Plumbing Division
NSW Branch Regional Plumbing Enterprise Agreement 2021-2024
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia (CEPU) has made an application for approval of an
enterprise agreement known as the Hogan Plumbing Group Pty Ltd & CEPU Plumbing
Division NSW Branch Regional Plumbing Enterprise Agreement 2021-2024 (the Agreement)
pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise
agreement.
[2] The employer has provided a written undertaking, a copy of which is attached in Annexure
A. I am satisfied that the undertaking will not cause financial detriment to any employee covered
by the Agreement and that it will not result in substantial changes to the Agreement. The
undertaking is taken to be a term of the Agreement.
[3] Subject to the undertaking referred to above, and on the basis of the material contained
in the application and accompanying declaration, I am satisfied that each of the requirements of
ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.
[4] The CEPU, being a bargaining representative for the Agreement, has given notice under
s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the
Agreement covers the CEPU.
[2023] FWCA 4050
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2023] FWCA 4050
2
[5] The Agreement was approved on 30 November 2023 and, in accordance with s 54, it
will operate from 7 December 2023. The nominal expiry date of the Agreement is 30 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE522537 PR768848
ISSION E SEAL OF THE
[2023] FWCA 4050
3
Annexure A
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2023/4349
Section 185 - Application for approval of a single enterprise agreement
Undertaking
I, Leonard Hogan, Director for Pat Hogan & Sons Pty Ltd give the following undertakings with
respect to the Hogan Plumbing Group Ply Ltd & CEPU Plumbing Division - NSW Branch
Regional Enterprise Agreement 2021-2024
("the Agreement"):
1. I have the authority given to me Pat Hogan & Sons Ply Ltd to provide this undertaking
in relation to the application before the Fair Work Commission.
2. Adult First apprentices will be paid as per the table below:
I Adult Apprentice 1" year
11 •1 July 2023
$24.75
3. 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 30/1 1/2023
1
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2023/4349 Section 185 - Application for approval of a single enterprise agreement Undertaking I, Leonard Hogan, Director for Pat Hogan & Sons Pty Ltd give the following undertakings with respect to the Hogan Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Regional Enterprise Agreement 2021-2024 ("the Agreement"): 1. have the authority given to me Pat Hogan & Sons Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. Adult First apprentices will be paid as per the table below: 1st July 2023 Adult Apprentice 18 year $24.75 3. 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 30/11/2023 1
Hogan Plumbing Group Pty Ltd & CEPU
Plumbing Division NSW Branch
Regional Plumbing Enterprise
Agreement 2021-2024.
1
TRADES PROUD UNION STRAS PLUMBING Hogan Plumbing Group Pty Ltd & CEPU Plumbing Division NSW Branch Regional Plumbing Enterprise Agreement 2021-2024. 1
DalleNogare
Draft
Clause Name Page
1 Title 5
2 Parties and Persons Bound 5
3 Objectives 6
4 Commitments 6
5 Lodgement and Period of Operation 8
6 Relationship to Other Instruments 8
7 Definitions 8
8 Types of Employment 9
9 Employer and Employee Duties 11
10 Consultative Mechanisms 11
11 Increases to Wages - Productivity Gains 11
12 Payment of Wages 12
13 Apprentices 12
14 Travel Allowance 14
15 Site Allowance 15
16 Other Allowances 15
17 Living Away from Home - Distant Work 17
18 Superannuation 21
19 Termination of Employment 22
20 Redundancy Scheme 22
21 Statutory Matters Covered by State legislation 25
22 Top-Up Workers Compensation/ 24 Hour Accident Cover &
26
Sickness
23 Ordinary Hours of Work 26
2
Clause Name Page 1 Title 5 2 Parties and Persons Bound 5 3 Objectives 6 4 Commitments 6 5 Lodgement and Period of Operation 8 6 Relationship to Other Instruments 8 7 Definitions 8 8 Types of Employment 9 9 Employer and Employee Duties 11 10 Consultative Mechanisms 11 11 Increases to Wages - Productivity Gains 11 12 Payment of Wages 12 13 Apprentices 12 14 Travel Allowance 14 15 Site Allowance 15 16 Other Allowances 15 17 Living Away from Home - Distant Work 17 18 Superannuation 21 19 Termination of Employment 22 20 Redundancy Scheme 22 21 Statutory Matters Covered by State legislation 25 22 Top-Up Workers Compensation / 24 Hour Accident Cover & Sickness 26 23 Ordinary Hours of Work 26 2
Clause Name Page
24 Work Breaks 30
25 Overtime 31
26 Weekend Work 32
27 Night Shift 33
28 Public Holidays and Holiday Work 34
29 Annual Leave 36
30 Personal Leave 38
31 Compassionate leave 40
32 Parental Leave 40
33 Work, Health & Safety 40
34 Inclement Weather 41
35 Protective Clothing 44
36 Compensation For Tools And Clothing 44
37 Presenting For Work But Not Required 45
38 Leave to Deal With Family & Domestic Violence 45
39 Dispute Settlement Procedures 48
40 Anti-Discrimination 51
41 Posting of Agreement 51
42 Workplace Flexibility 51
43 Model Consultation Clause 52
44 Sham Contracting 55
45 Code Compliance/Severability 56
46 Heat Policy 56
47 Jury Service Make-Up Pay 59
48 Asbestos Awareness Training 60
49 Structural Vocational Training 60
3
Clause Name Page 24 Work Breaks 30 25 Overtime 31 26 Weekend Work 32 27 Night Shift 33 28 Public Holidays and Holiday Work 34 29 Annual Leave 36 30 Personal Leave 38 31 Compassionate leave 40 32 Parental Leave 40 33 Work, Health & Safety 40 34 Inclement Weather 41 35 Protective Clothing 44 36 Compensation For Tools And Clothing 44 37 Presenting For Work But Not Required 45 38 Leave to Deal With Family & Domestic Violence 45 39 Dispute Settlement Procedures 48 40 Anti-Discrimination 51 41 Posting of Agreement 51 42 Workplace Flexibility 51 43 Model Consultation Clause 52 44 Sham Contracting 55 45 Code Compliance/Severability 56 46 Heat Policy 56 47 Jury Service Make-Up Pay 59 48 Asbestos Awareness Training 60 49 Structural Vocational Training 60 3
50 Regional Infrastructure Projects 60
Appendix 1: Rates of Pay Tables 1 - 3 61
Appendix 5: List of Tools 64
Appendix 6: RDO Calendar's 65-
70
Signatory Page 71
4
50 Regional Infrastructure Projects 60 Appendix 1: Rates of Pay Tables 1 - 3 61 Appendix 5: List of Tools 64 Appendix 6: RDO Calendar's 65- 70 Signatory Page 71 0 4
1. TITLE
This Agreement shall be known as the Hogan Plumbing Group Pty Ltd & CEPU
Plumbing Division NSW Branch Regional Plumbing Enterprise Agreement 2021 -
2024.
2. PARTIES AND PERSONS BOUND
2.1 This Agreement shall cover: -
2.1.1 Hogan plumbing Group Pty Ltd (ABN: 86 003 770 296)
the (employer) in respect of employees engaged in the industry of the
occupations, businesses or employers of plumbers, gasfitters, roof plumbers,
lead burners, ship plumbers and heating, air conditioning or ventilation plumbers,
irrigation installer, laggers and plumber's labourers, (employees) engaged on
site or in construction work; and
2.2 employees employed by the employer in New South Wales who are engaged in
the industry of the occupations, businesses or employers of plumbers, gasfitters,
roof plumbers, lead burners, ship plumbers and heating, air conditioning or
ventilation plumbers, irrigation installer, laggers and plumber's labourers,
engaged on site or in construction work who are employed or usually employed
in the plumbing industry in executing any plumbing, gas fitting, pipe fitting or
domestic engineering work, whether prefabricated or not, or who execute any
work in or in connection with :-
2.2.1 sheet lead, galvanised iron or other classes of sheet metal or any other materials
which supersede the materials usually fixed by plumbers;
2.2.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework;
2.2.3 water (hot or cold), steam, gas, air vacuum, heating or ventilating appliances,
fittings, services or installations; and
2.2.4 house, ship, sanitary, chemical or general plumbing or drainage; and
2.4 the Communications Electrical Electronic Energy Information Postal Plumbing
and Allied Services Union of Australia 128v (CEPU)(union). On the condition
that the union has given notice under Section 183 of the Fair Work Act 2009
(C'th)(FW Act) that it wants the Agreement to cover it and in accordance with
Section 201 (2) of the FW Act, the Fair Work Commission (FWC) has noted that
the Agreement covers the union.
2.5 The terms of this agreement will not apply to:-
2.5.1 The employment of sprinkler fitters by an employer covered by the Plumbing and
Fire Sprinklers Award 2010 (PFS Award) ; and/ or
2.5.2 To employees principally engaged in installing automatic fire protection
systems; and / or
5
1. TITLE This Agreement shall be known as the Hogan Plumbing Group Pty Ltd & CEPU Plumbing Division NSW Branch Regional Plumbing Enterprise Agreement 2021- 2024. 2. PARTIES AND PERSONS BOUND 2.1 This Agreement shall cover: - 2.1.1 Hogan plumbing Group Pty Ltd (ABN: 86 003 770 296) the (employer) in respect of employees engaged in the industry of the occupations, businesses or employers of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning or ventilation plumbers, irrigation installer, laggers and plumber's labourers, (employees) engaged on site or in construction work; and 2.2 employees employed by the employer in New South Wales who are engaged in the industry of the occupations, businesses or employers of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning or ventilation plumbers, irrigation installer, laggers and plumber's labourers, engaged on site or in construction work who are employed or usually employed in the plumbing industry in executing any plumbing, gas fitting, pipe fitting or domestic engineering work, whether prefabricated or not, or who execute any work in or in connection with :- 2.2.1 sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by plumbers; 2.2.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework; 2.2.3 water (hot or cold), steam, gas, air vacuum, heating or ventilating appliances, fittings, services or installations; and 2.2.4 house, ship, sanitary, chemical or general plumbing or drainage; and 2.4 the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that the union has given notice under Section 183 of the Fair Work Act 2009 (C'th)(FW Act) that it wants the Agreement to cover it and in accordance with Section 201(2) of the FW Act, the Fair Work Commission (FWC) has noted that the Agreement covers the union. 2.5 The terms of this agreement will not apply to :- 2.5.1 The employment of sprinkler fitters by an employer covered by the Plumbing and Fire Sprinklers Award 2010 (PFS Award); and / or 2.5.2 To employees principally engaged in installing automatic fire protection systems; and / or 5
2.5.3 Employees of the employer employed full-time in the service and maintenance
operations, and / or
2.5.4 Employees employed full-time as a project manager, an estimator or in
drafting;
3. OBJECTIVES
4.
The objectives of this Agreement are to:
3.1 Increase the efficiency of the company by the effective utilisation of the skill and
commitment of the company's employees;
3.2 Improve the living standard, job satisfaction and continuity of the company's
employees by improving Industry standards;
3.3 Create a cooperative and productive Industrial Relations environment;
3.4 Provide workers with more varied, fulfilling and better paid jobs;
3.5 Promote the continued skill formation of workers;
3.6 Maintain a safe working environment;
3.7 Establish effective communications between the company, its workers and their
Consultative Committee to ensure that the workforce are kept fully informed and
have an input into decision making that effects the work environment and the
future employment of workers with the company.
3.8 Maintain and continue the integrity of trade training through apprenticeships
contract of training.
COMMITMENTS
In order that the objectives of this Agreement are achieved, the parties are
committed to ensuring that:
4.1 The measures contained in this Agreement lead to real gains in productivity.
4.2 A broad approach to productivity is adopted incorporating (but not being limited to)
both management and labour efficiency, quality, training, maintaining high
standards of occupational health and safety, improved working conditions,
environmental concerns, quality of working life issues and equity issues.
6
2.5.3 Employees of the employer employed full-time in the service and maintenance operations, and / or 2.5.4 Employees employed full-time as a project manager, an estimator or in drafting; 3. OBJECTIVES The objectives of this Agreement are to: 3.1 Increase the efficiency of the company by the effective utilisation of the skill and commitment of the company's employees; 3.2 Improve the living standard, job satisfaction and continuity of the company's employees by improving Industry standards; 3.3 Create a cooperative and productive Industrial Relations environment; 3.4 Provide workers with more varied, fulfilling and better paid jobs; 3.5 Promote the continued skill formation of workers; 3.6 Maintain a safe working environment; 3.7 Establish effective communications between the company, its workers and their Consultative Committee to ensure that the workforce are kept fully informed and have an input into decision making that effects the work environment and the future employment of workers with the company. 3.8 Maintain and continue the integrity of trade training through apprenticeships contract of training. 4. COMMITMENTS In order that the objectives of this Agreement are achieved, the parties are committed to ensuring that: 4.1 The measures contained in this Agreement lead to real gains in productivity. 4.2 A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. 6
4.3 The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the company.
4.4 Productivity measures will not be implemented at the expense of health and safety
standards and those standards will be improved.
4.5 The dispute settlement procedures provided for in this agreement are rigorously
applied and enforced.
4.6 A free flow of information occurs between the company and employees
concerning all aspects of the construction process.
4. 7 Statutory entitlements, quality of work and proper safety standards will underpin
this agreement.
4.8 Women in the Industry
a) It is recognised that the Plumbing Contracting industry needs to employ more
women and the parties shall discuss means to achieve this during the life of
this Agreement. Measures will be implemented that will encourage and assist
women to seek and maintain employment in the Plumbing Contracting
Industry.
4.9 Suicide Prevention
The parties acknowledge that:
(i) suicide prevention of employees in the construction industry is an important
issue;
(ii) Construction workers are more than twice as likely to suicide than other
people in Australia;
(iii) Construction workers are six times more likely to die by suicide than through a
workplace accident;
(iv) Apprentices in construction are two and a half times more likely to suicide than
other young men their age;
(v) Mental health on construction sites is now accepted as an industry safety
concern;
(vi) Employees can find it difficult to discuss feelings and emotions with
colleagues at work, especially in the construction industry.
(vii) Accordingly, to try and reduce the chance of suicide by an employee, the
Employer agrees to provide training to an appropriate number of employees in
consideration of the size and nature of the workforce concerned, to recognise
potentially suicidal behaviour and to give them the simple skills needed to
7
4.3 The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the company. 4.4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 4.5 The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. 4.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 4.7 Statutory entitlements, quality of work and proper safety standards will underpin this agreement. 4.8 Women in the Industry ) It is recognised that the Plumbing Contracting industry needs to employ more women and the parties shall discuss means to achieve this during the life of this Agreement. Measures will be implemented that will encourage and assist women to seek and maintain employment in the Plumbing Contracting Industry. 4.9 Suicide Prevention The parties acknowledge that: (i) suicide prevention of employees in the construction industry is an important issue; (ii) Construction workers are more than twice as likely to suicide than other people in Australia; (iii) Construction workers are six times more likely to die by suicide than through a workplace accident; (iv) Apprentices in construction are two and a half times more likely to suicide than other young men their age; (v) Mental health on construction sites is now accepted as an industry safety concern; (vi) Employees can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (vii) Accordingly, to try and reduce the chance of suicide by an employee, the Employer agrees to provide training to an appropriate number of employees in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and to give them the simple skills needed to 7
intervene and to keep that employee safe until they can gain professional
help. Such training is to be conducted via an agreed training
package/methodology, or an agreed provider between the Parties, during
normal working hours.
(viii) Awareness training providers will be agreed through the Consultative
Committee.
5. LODGEMENT AND PERIOD OF OPERATION
6.
This Agreement will be lodged in accordance with the Fair Work Act 2009 (Cth). This
Agreement shall come into operation seven days from the date approved by the FWC
and continue until 30th June 2024.
RELATIONSHIP TO OTHER INSTRUMENTS
This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010,
except where specifically mentioned.
7. DEFINITIONS
Geographic definitions
a) Area 1 -
b) Area 2 -
c) Area 3 -
d) Area 4 -
Note:
Other definitions:
means the County of Cumberland (36 Hour)
means the Cities of Wollongong, Shellharbour, Gosford
means the cities of Newcastle, Lake Macquarie,
Cessnock, Maitland, Port Stephens and the shires of,
Singleton and Muswellbrook.
means all other areas of the State of New South Wales not
covered by the geographic areas set out in (a) to (c)
above.
In this agreement, unless the contrary intention appears:
(i) Act means the Fair Work Act 2009 (Cth)
(ii) adult apprentice means a person of 21 years of age or over at the time of
entering into an indenture to a trade specified
(iii) agreement-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(iv) award-based transitional instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(v) construction work means all work performed under this agreement in
connection with the erection, repair, renovation, maintenance, ornamentation
8
intervene and to keep that employee safe until they can gain professional help. Such training is to be conducted via an agreed training package/methodology, or an agreed provider between the Parties, during normal working hours. (viii) Awareness training providers will be agreed through the Consultative Committee. 5. LODGEMENT AND PERIOD OF OPERATION This Agreement will be lodged in accordance with the Fair Work Act 2009 (Cth). This Agreement shall come into operation seven days from the date approved by the FWC and continue until 30th June 2024. 6. RELATIONSHIP TO OTHER INSTRUMENTS This agreement wholly replaces the Plumbing and Fire Sprinklers Award 2010, except where specifically mentioned. 7. DEFINITIONS Geographic definitions a) Area 1 - means the County of Cumberland (36 Hour) b) Area 2 - means the Cities of Wollongong, Shellharbour, Gosford c) Area 3 - means the cities of Newcastle, Lake Macquarie, Cessnock, Maitland, Port Stephens and the shires of, Singleton and Muswellbrook. d) Area 4 - means all other areas of the State of New South Wales not covered by the geographic areas set out in (a) to (c) above. Note: Other definitions: In this agreement, unless the contrary intention appears: (i) Act means the Fair Work Act 2009 (Cth) (ii) adult apprentice means a person of 21 years of age or over at the time of entering into an indenture to a trade specified (iii) agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (iv) award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (v) construction work means all work performed under this agreement in connection with the erection, repair, renovation, maintenance, ornamentation 8
8.
8.1
or demolition of buildings or structures, including the prefabrication of work
performed in plumbing workshops. For the purpose of this definition
maintenance is confined to employees employed by employers in the building
and construction industry.
(vi) contractor means any entity which contracts to provide plumbing.
(vii) continuous shift worker means an employee engaged to work in a system of
consecutive shifts throughout the 24 hours of each of at least six consecutive
days without interruption (except during breakdown or meal breaks or due to
unavoidable causes beyond the control of the employer) and who is regularly
rostered to work those shifts
(viii) employee means national system employee within the meaning of the Act
(ix) employer means national system employer within the meaning of the Act
(x) enterprise award-based instrument has the meaning in the Fair Work
(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)
(xi) leading hand means an employee who is given by the employer, or their agent,
the responsibility of directing and/or supervising the work of other employees,
or in the case of only one employee, the specific
responsibility of directing and/or supervising the work of that employee
(xii) NES means the National Employment Standards as contained in sections 59 to
131 of the Fair Work Act 2009 (Cth)
(xiii) on-hire means the on-hire of an employee by their employer to a client, where
such employee works under the general guidance and instruction of the client
or a representative of the client
(xiv) operator of explosive powered tools means an employee qualified in
accordance with the laws and regulations of the State concerned to operate
explosive powered tools
(xv) plumber's labourer means an employee primarily engaged in assisting a
plumber
(xvi) standard rate means the minimum wage for the Plumbing and mechanical
services tradesperson Level 1 in Appendix A
(xvii) Code means the Building Code 2016 (Code for the Tendering and Performance
of Building Work 2016). when and is in force from time to time.
Where this agreement refers to a condition of employment provided for in the NES,
the NES definition applies.
TYPES OF EMPLOYMENT
DAILY EMPLOYMENT
Except as provided in 8.2, employment will be by the day. Any Employee not
specifically engaged as a casual Employee will be deemed to be employed by the
day. The following provisions will apply to daily hire employees:
9
or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employees employed by employers in the building and construction industry. (vi) contractor means any entity which contracts to provide plumbing. (vii) continuous shift worker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts (viii) employee means national system employee within the meaning of the Act (ix) employer means national system employer within the meaning of the Act (x) enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (xi) leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee (xii) NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) (xiii) on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client (xiv) operator of explosive powered tools means an employee qualified in accordance with the laws and regulations of the State concerned to operate explosive powered tools (xv) plumber's labourer means an employee primarily engaged in assisting a plumber (xvi) standard rate means the minimum wage for the Plumbing and mechanical services tradesperson Level 1 in Appendix A. (xvii) Code means the Building Code 2016 (Code for the Tendering and Performance of Building Work 2016). when and is in force from time to time. Where this agreement refers to a condition of employment provided for in the NES, the NES definition applies. 8. TYPES OF EMPLOYMENT 8.1 DAILY EMPLOYMENT Except as provided in 8.2, employment will be by the day. Any Employee not specifically engaged as a casual Employee will be deemed to be employed by the day. The following provisions will apply to daily hire employees: 9
(a) One day's notice of termination of employment will be given by either
party or one day's pay must be paid or forfeited;
(b) Notice given at or before the usual starting time of any ordinary working day will
expire at the completion of that day's work;
(c) A tradesperson will be allowed one hour prior to termination to gather, clean,
sharpen, pack and transport tools; and
(d) Nothing in this clause will affect the right of an employer to dismiss an employee
without notice for misconduct or refusing duty.
8.2 CASUAL EMPLOYMENT
(a) A casual Employee will be employed subject to each of the following terms:
i. A casual Employee will be engaged for a minimum period of 3 consecutive
hours on each occasion.
ii. A casual Employee for working ordinary time will be paid 125% of the hourly
rate prescribed in Appendix 1, and all relevant allowances prescribed in
Appendix 1, for each hour so worked. The penalty rate herein prescribed will
be made in lieu of annual leave, public holidays, personal leave, rostered days
off, paid leisure days, parental leave, redundancy, compassionate leave
payments, top-up payments, severance payments and termination payments
prescribed for other Employees in the Agreement.
iii. A casual Employee, other than an irregular casual Employee, who has been
engaged by the Employer for a sequence of periods of employment under this
Agreement during a period of six months, thereafter has the right to elect to
have their contract of employment converted to full-time or part-time
employment if the employment is to continue beyond the conversion process.
iv. The Employer must give the Employee notice in writing of the provisions of
this clause within four weeks of the Employee having attained such period of
six months. The Employee retains their right of election under this clause if the
Employer fails to comply with this subclause.
v. A casual Employee who does not within four weeks of receiving written notice
elect to convert their contract of employment to full-time employment is
deemed to have elected against any such conversion.
vi. A casual Employee who has a right to elect under clause 7.2(a)iii, on receiving
notice under clause 7.2(a)v or after the expiry of the time for giving such
notice, may give four weeks' notice in writing to the Employer that they seek to
elect to convert their contract of employment to full-time, and within four
weeks of receiving such notice the Employer must consent to or refuse the
election but must not unreasonably so refuse.
vii. Following such Agreement being reached, the Employee converts to full-time
employment.
10
(a) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; (b) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; (c) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and (d) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. 8.2 CASUAL EMPLOYMENT (a) A casual Employee will be employed subject to each of the following terms: i. A casual Employee will be engaged for a minimum period of 3 consecutive hours on each occasion. ii. A casual Employee for working ordinary time will be paid 125% of the hourly rate prescribed in Appendix 1, and all relevant allowances prescribed in Appendix 1, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays, personal leave, rostered days off, paid leisure days, parental leave, redundancy, compassionate leave payments, top-up payments, severance payments and termination payments prescribed for other Employees in the Agreement. iii. A casual Employee, other than an irregular casual Employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. iv. The Employer must give the Employee notice in writing of the provisions of this clause within four weeks of the Employee having attained such period of six months. The Employee retains their right of election under this clause if the Employer fails to comply with this subclause. v. A casual Employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time employment is deemed to have elected against any such conversion. vi. A casual Employee who has a right to elect under clause 7.2(a)iii, on receiving notice under clause 7.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. vii. Following such Agreement being reached, the Employee converts to full-time employment. 10
viii. Once a casual Employee has elected to become and has been converted to a
full-time Employee, the Employee may only revert to casual employment by
written Agreement with the Employer.
ix. Where, in accordance with clause 8.2(a)vi an Employer refuses an election to
convert, the reasons for doing so must be fully stated to and discussed with
the Employee concerned and a genuine attempt made to reach Agreement.
x. For the purposes of this clause, an irregular casual Employee is one who has
been engaged to perform work on an occasional or non-systematic or irregular
basis.
xi. An Employee must not be engaged and re-engaged to avoid any obligation
under this Agreement.
9. EMPLOYER AND EMPLOYEE DUTIES
An employer may direct an employee to carry out such duties as are within the limits
of the employee's skill, competence and training consistent with the classification
structure of this Agreement.
10. CONSULTATIVE MECHANISMS
11.
Any matter arising as a result of the introduction of this Agreement will be
implemented by way of a Company Consultative Committee consisting of equal
numbers of management and employee representatives. The consultative committee
shall meet as required with additional meetings being convened at the request of
either party.
INCREASE TO WAGES - PRODUCTIVITY GAINS
Pertaining to the rates listed in Appendix 1, these rates are applicable to Project value
of $3,000,000 and greater. For Projects of less than $3,000,000, employees
employed on such projects, whether for a National Builder or not will be paid the NSW
Country rates as prescribed in AREA 4. Proof of such value will be provided to all
parties by the employer if requested.
Regional Projects in Area 3 and Area 4 with a Building contract value in excess of
$100 million will attract the Area 2 rates of pay. Contract Value will be as per the
Cordell's, BCI or alike in determining the value.
In recognition of the productivity measures identified herein, the increases payable
under this agreement shall be available to all employees as follows:
11
viii. Once a casual Employee has elected to become and has been converted to a full-time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. ix. Where, in accordance with clause 8.2(a)vi an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. X. For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. xi. An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. 9. EMPLOYER AND EMPLOYEE DUTIES An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement. 10. CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee shall meet as required with additional meetings being convened at the request of either party. 11. INCREASE TO WAGES - PRODUCTIVITY GAINS Pertaining to the rates listed in Appendix 1, these rates are applicable to Project value of $3,000,000 and greater. For Projects of less than $3,000,000, employees employed on such projects, whether for a National Builder or not will be paid the NSW Country rates as prescribed in AREA 4. Proof of such value will be provided to all parties by the employer if requested. Regional Projects in Area 3 and Area 4 with a Building contract value in excess of $100 million will attract the Area 2 rates of pay. Contract Value will be as per the Cordell's, BCI or alike in determining the value. In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: 11
(i) From the first full pay period after 1st July 2021 - The rate of pay will be as per
Appendix 1 - Table 1
(ii) From the first full pay period after 1st July 2022 - The rate of pay will be as per
Appendix 1 - Table 2
(iii) From the first full pay period after 1st July 2023 - The rate of pay will be as per
Appendix 1 - Table 3
12. PAYMENT OF WAGES
12.1 Wages due will be paid by electronic funds transfer into the employee's nominated
bank or other financial institution account. Wages will be paid weekly and (subject
only to Public Holiday delays) be available no later than close of business on the
Thursday following the end of the relevant pay period. Employees will receive their
pay slips on a weekly basis as soon as practicable on or after pay-day.
12.2 An employee whose service is terminated shall, within a reasonable time period, be
paid the full amount of wages and accrued payments due, and paid on the normal
pay day.
12.3 Time and Wages Records
In accordance with statutory requirements, the Company shall keep or cause to be
kept a time and wages record for each employee. The employer will provide access
to these records to the employee if requested.
13. APPRENTICES
13.1 Apprentices including hosted apprentices through a group scheme and alike, will
be entitled to all terms and conditions of this agreement. Rates of pay and
allowances will be in accordance with the charts contained at Appendix 2 for
Adult Apprentices or Appendix 3 for Apprentices.
13.2 In determining the wages to be paid to an apprentice, any credit applicable to the
term of the apprenticeship will be counted as part of the term of apprenticeship
already completed.
13.3 Attending college/school.
Apprentices will be paid all wages and allowances as per the Award, for time
spent attending college/school in the course of their apprenticeship. All time
spent attending college/school in the course of the apprenticeship will count as
time served for all purposes.
Apprentices Attending Technical College On RDO
12
(i) From the first full pay period after 1st July 2021 - The rate of pay will be as per Appendix 1 - Table 1 (ii) From the first full pay period after 1st July 2022 - The rate of pay will be as per Appendix 1 - Table 2 (iii) From the first full pay period after 1st July 2023 - The rate of pay will be as per Appendix 1 - Table 3 12. PAYMENT OF WAGES 12.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. 12.2 An employee whose service is terminated shall, within a reasonable time period, be paid the full amount of wages and accrued payments due, and paid on the normal pay day. 12.3 Time and Wages Records In accordance with statutory requirements, the Company shall keep or cause to be kept a time and wages record for each employee. The employer will provide access to these records to the employee if requested. 13. APPRENTICES 13.1 Apprentices including hosted apprentices through a group scheme and alike, will be entitled to all terms and conditions of this agreement. Rates of pay and allowances will be in accordance with the charts contained at Appendix 2 for Adult Apprentices or Appendix 3 for Apprentices. 13.2 In determining the wages to be paid to an apprentice, any credit applicable to the term of the apprenticeship will be counted as part of the term of apprenticeship already completed. 13.3 Attending college/school. Apprentices will be paid all wages and allowances as per the Award, for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes. Apprentices Attending Technical College On RDO 12
13.3a An apprentice working in an establishment under a particular work cycle in
accordance with this Part who attends technical college on a rostered day
off, shall be afforded another ordinary working day off as substitution for the
rostered day off. Any substituted day must be taken in the current or next
succeeding work cycle.
13.4 Except where it is inconsistent with this clause, the provisions of the Plumbing
and Fire Sprinkler Award 2010 will apply to apprentices.
13.5 Fees due by an apprentice for attending the Plumbing Trade Course shall be
paid by the employer at the time such fees become due. Where an apprentice
fails to complete a course of study or fails a particular subject any additional fees
due in order to complete the course will be the responsibility of the apprentice.
13.6 RDO's I Public Holidays
In addition to the provisions otherwise provided in this agreement where Public
Holiday or RDO falls on a day on which the apprentice is required to attend and
does attend technical college or registered training organisation), the next
working day shall be taken in lieu of the public holiday/ rostered day off unless
an alternative day in that four-week cycle is agreed between the apprentice and
the employer.
13. 7 Any disputes arising out of the provisions of this clause shall be dealt with
through the dispute settlement procedure.
13.8 The provisions of this clause shall not apply to school based apprentices.
13.9 An apprentice will not work under any system of payment by results.
13.10 Overtime - Apprentices
a) Except in an emergency, be required to work overtime or shift work at times
which would prevent their attendance at technical school or a registered
training organisation.
b) When working overtime, the apprentice should be under the direction of a
tradesperson.
a) Be paid at the overtime, meals and other penalties rates that apply under
this Agreement.
13.11 Adult Apprentices
a) Where a person was employed by an employer immediately prior to becoming
an adult apprentice with that employer, such person will not suffer a reduction
in the rate of pay by virtue of entering into a training agreement.
13
13.3a An apprentice working in an establishment under a particular work cycle in accordance with this Part who attends technical college on a rostered day off, shall be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle. 13.4 Except where it is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinkler Award 2010 will apply to apprentices. 13.5 Fees due by an apprentice for attending the Plumbing Trade Course shall be paid by the employer at the time such fees become due. Where an apprentice fails to complete a course of study or fails a particular subject any additional fees due in order to complete the course will be the responsibility of the apprentice. 13.6 RDO's / Public Holidays In addition to the provisions otherwise provided in this agreement where Public Holiday or RDO falls on a day on which the apprentice is required to attend and does attend technical college or registered training organisation), the next working day shall be taken in lieu of the public holiday / rostered day off unless an alternative day in that four-week cycle is agreed between the apprentice and the employer. 13.7 Any disputes arising out of the provisions of this clause shall be dealt with through the dispute settlement procedure. 13.8 The provisions of this clause shall not apply to school based apprentices. 13.9 An apprentice will not work under any system of payment by results. 13.10 Overtime - Apprentices a) Except in an emergency, be required to work overtime or shift work at times which would prevent their attendance at technical school or a registered training organisation. b) When working overtime, the apprentice should be under the direction of a tradesperson. a) Be paid at the overtime, meals and other penalties rates that apply under this Agreement. 13.11 Adult Apprentices a) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer, such person will not suffer a reduction in the rate of pay by virtue of entering into a training agreement. 13
14. TRAVEL ALLOWANCE
14.1 Employees will be entitled to a travel allowance in accordance with this clause to
compensate for travel patterns and costs peculiar to the industry which include
mobility/construction and related industries.
14.2 Travel allowance will be in accordance with the charts contained at Appendix 1. The
defined radius for the Travel Allowance is 50km from the point of engagement of the
employee.
14.3 An employee will be paid travel on RDOs.
(a) The travelling time allowances are daily allowances where the employee is
required to:
(i) start or finish work at a job site;
(ii) start or finish work at the usual times; and
(iii) uses his/her own vehicle or uses public transport.
(b) Travel allowance
Subject to clauses 14.3(a) employees will be paid a travel allowance in
accordance with the figures shown in Appendix 1.
14.4 Transfer between job sites during working hours
(i) Employees transferred from one job site to another during ordinary working
hours must be paid their ordinary rate of pay for the time occupied in travelling,
and unless transported by the employer, will be reimbursed the reasonable cost
of fares by the most convenient public transport between such job sites.
(ii) Where the employer requests an employee to use their own vehicle to effect
such a transfer, and the employee agrees to do so the employee will be paid
an allowance at the rate of $0.74 per kilometre.
14.5 Standard travelling time allowance
The standard travelling time component is an amount based on travel within a
defined radius set out in clause 7.1
14.6 Mileage allowance for travel beyond defined radius
(i) An employee entitled to the additional travelling time allowance beyond the
defined radius under subclause 7.1 and who uses their own vehicle for such
travel is to be paid an amount equivalent to $0.74 per kilometre as
reimbursement for the additional fuel costs incurred covering the combined
distance from the defined radius to the job site and return to the defined
radius.
An employee who lives close to the boundaries of the defined radius and who is
requested to travel beyond the defined radius can reach mutual agreement between
14
14. TRAVEL ALLOWANCE 14.1 Employees will be entitled to a travel allowance in accordance with this clause to compensate for travel patterns and costs peculiar to the industry which include mobility/construction and related industries. 14.2 Travel allowance will be in accordance with the charts contained at Appendix 1. The defined radius for the Travel Allowance is 50km from the point of engagement of the employee. 14.3 An employee will be paid travel on RDOs. (a) The travelling time allowances are daily allowances where the employee is required to: (i) start or finish work at a job site; (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. (b) Travel allowance Subject to clauses 14.3(a) employees will be paid a travel allowance in accordance with the figures shown in Appendix 1. 14.4 Transfer between job sites during working hours (i) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. (ii) Where the employer requests an employee to use their own vehicle to effect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 14.5 Standard travelling time allowance The standard travelling time component is an amount based on travel within a defined radius set out in clause 7.1 14.6 Mileage allowance for travel beyond defined radius (i) An employee entitled to the additional travelling time allowance beyond the defined radius under subclause 7.1 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius. An employee who lives close to the boundaries of the defined radius and who is requested to travel beyond the defined radius can reach mutual agreement between 14
the employer and employee for the excess travel allowance not to be paid on fair
and reasonable grounds that the employee is not travelling further than what would
be considered a normal days travel to a job site within the defined radius.
15. SITE ALLOWANCE
Site allowance will apply as per pay rates prescribed in Appendix 1.
16. OTHER ALLOWANCES
16.1 Employee acting on welding certificate
An employee who is requested by the employer to hold the relevant qualifications
required by the various State Government bodies, or other relevant authorities for
pressure oxy-acetylene or electric welding, either manual or machine welding, and is
required by the employer to act on such qualifications, will be paid an 46 cents per
hour for oxy-acetylene welding and 46 cents per hour for electric welding for every
hour of employment whether or not the employee has in any hour performed work
relevant to those qualifications held.
16.2 Meals when working overtime
An employee required to work overtime for 2 hours after working ordinary hours will
be paid by their employer an amount of $11.29 to meet the cost of a meal, plus an
additional $11.29 for each subsequent four hours worked. The employer may provide
a meal or meals instead of paying any such allowance.
16.3 Leading hand allowance:
1-10 employees = $35 per week.
10 + employees = $55 per week.
16.4 Multi-storey work
A multi-storey allowance will be paid to all employees on site engaged in construction
or renovation of a multi-storey building as defined herein, to compensate for the
disabilities experienced in, and which are peculiar to construction or renovation of a
multi-storey building.
The multi-storey allowance is not applicable to geographical areas pertained in this
agreement where there is site allowance such as Sydney, Central Coast and
Wollongong areas or regional infrastructure projects.
(a) For the purposes of this clause renovation work is work performed on existing
multi-storey buildings, (as defined) and such work involves structural alterations
15
the employer and employee for the excess travel allowance not to be paid on fair and reasonable grounds that the employee is not travelling further than what would be considered a normal days travel to a job site within the defined radius. 15. SITE ALLOWANCE Site allowance will apply as per pay rates prescribed in Appendix 1. 16. OTHER ALLOWANCES 16.1 Employee acting on welding certificate An employee who is requested by the employer to hold the relevant qualifications required by the various State Government bodies, or other relevant authorities for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by the employer to act on such qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and 46 cents per hour for electric welding for every hour of employment whether or not the employee has in any hour performed work relevant to those qualifications held. 16.2 Meals when working overtime An employee required to work overtime for 2 hours after working ordinary hours will be paid by their employer an amount of $11.29 to meet the cost of a meal, plus an additional $11.29 for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. 16.3 Leading hand allowance: 1-10 employees = $35 per week. 10 + employees = $55 per week. 16.4 Multi-storey work A multi-storey allowance will be paid to all employees on site engaged in construction or renovation of a multi-storey building as defined herein, to compensate for the disabilities experienced in, and which are peculiar to construction or renovation of a multi-storey building. The multi-storey allowance is not applicable to geographical areas pertained in this agreement where there is site allowance such as Sydney, Central Coast and Wollongong areas or regional infrastructure projects. (a) For the purposes of this clause renovation work is work performed on existing multi-storey buildings, (as defined) and such work involves structural alterations 15
which extend to more than two storey levels in a building and at least part of the
work to be performed is above the fourth floor storey level in accordance with
the scale of payments appropriate for the highest floor level affected by such
work.
(b) For the purposes of this Agreement, a multi-storey building is a building which
will, when complete, consist of five or more storey levels.
(c) Complete means the building is fully functional and all work which was part of
the principal contract is complete.
(d) For the purposes of this clause, a storey level means structurally completed
floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building,
and will include basement levels and mezzanine or similar levels (but excluding
'half floors' such as toilet blocks or store rooms located between floors).
(e) Any buildings or structures which do not have regular storey levels but which
are not classed as towers (e.g. grandstands, aircraft hangars, large stores, etc.)
and which exceed fifteen metres in height may be covered by this subclause,
or by 16.4(g) - Towers allowance by agreement or, where no agreement is
reached, by determination of FWC.
(f) Plant Room - Further provided that a plant room situated on the top of a building
will constitute a further storey level if the plant room occupies 25 percent of the
total roof area or an area of 100 square metres whichever is the lesser.
(g) Towers - An employee working on a chimney stack, spire, tower, radio or
television mast or tower, air shaft (other than above ground in a multistorey
building), cooling tower, water tower or silo, where the construction exceeds 15
metres in height, must be paid for all work above 15 metres an additional $0.54
of the hourly standard rate per hour, with an additional $0.54 of the hourly
standard rate per hour for work above each further 15 metres.
16.4.1 Rates
(a) An allowance in accordance with the following table will be paid. The second
and subsequent allowance scales will, where applicable, commence to apply to
all employees when one of the following components of the building - structural
steel, re-enforcing steel, boxing or walls, rises above the floor level first
designated in each such allowance scale.
(b) Floor level means that stage of construction which in the completed building
would constitute the walking surface of the particular floor level referred to in
the table of payments.
From the basement floor level to the 15th floor level $0.41
From the 16th floor level to the 30th floor level $0.49
From the 31st floor level to the 45th floor level $0.77
From the 46th floor level to the 60th floor level $0.99
From the 61 st floor level onwards $1.23
16
which extend to more than two storey levels in a building and at least part of the work to be performed is above the fourth floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work. (b) For the purposes of this Agreement, a multi-storey building is a building which will, when complete, consist of five or more storey levels. (c) Complete means the building is fully functional and all work which was part of the principal contract is complete. (d) For the purposes of this clause, a storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and will include basement levels and mezzanine or similar levels (but excluding 'half floors' such as toilet blocks or store rooms located between floors). (e) Any buildings or structures which do not have regular storey levels but which are not classed as towers (e.g. grandstands, aircraft hangars, large stores, etc.) and which exceed fifteen metres in height may be covered by this subclause, or by 16.4(g) - Towers allowance by agreement or, where no agreement is reached, by determination of FWC. (f) Plant Room - Further provided that a plant room situated on the top of a building will constitute a further storey level if the plant room occupies 25 percent of the total roof area or an area of 100 square metres whichever is the lesser. (g) Towers - An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multistorey building), cooling tower, water tower or silo, where the construction exceeds 15 metres in height, must be paid for all work above 15 metres an additional $0.54 of the hourly standard rate per hour, with an additional $0.54 of the hourly standard rate per hour for work above each further 15 metres. 16.4.1 Rates (a) An allowance in accordance with the following table will be paid. The second and subsequent allowance scales will, where applicable, commence to apply to all employees when one of the following components of the building - structural steel, re-enforcing steel, boxing or walls, rises above the floor level first designated in each such allowance scale. (b) Floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments. From the basement floor level to the 15th floor level $0.41 From the 16th floor level to the 30th floor level $0.49 From the 31st floor level to the 45th floor level $0.77 From the 46th floor level to the 60th floor level $0.99 From the 61st floor level onwards $1.23 16
The allowance payable at the highest point of the building will continue until
completion of the building.
-Height Allowance is applicable on a project where Site Allowance isn't payable.
16.5 Hot Work
(a) An employee who works in a place where the temperature has been raised by
artificial means to between 46 and 54 degrees Celsius will be paid an additional
$0.54 or part thereof; with an additional $0.67 or part thereof, where the
temperature exceeds 54 degrees Celsius.
(b) Where such work continues for more than two hours, the employee will be
entitled to 20 minutes rest after every two hours work without loss of pay, not
including the special rate provided for in clause 16.9.1.
16.6 Cold Work
(a) An employee who works in a place where the temperature is lowered by
artificial means to less than 0 degrees Celsius will be paid an additional $0.54
per hour.
(b) Where such work continues for more than two hours, the employee will be
entitled to 20 minutes rest after every two hours work without loss of pay, not
including the special rate provided for in clause 16.10.1
17. LIVING AWAY FROM HOME- DISTANT WORK
17.1 Qualification
An employee will be entitled to the provisions of this clause when employed on a job
or construction work at such a distance from their usual place of residence that the
employee cannot reasonably return to that place each night.
17.2 Employee's address
At the time of engagement, the employee will provide, on the employer's request,
details of their usual place of residence, being:
(a) The address of the place of residence at the time of application; and
(b) The address of a separately maintained residence, if applicable.
(c) The employer will not exercise undue influence, for the purpose of avoiding its
obligations under this Agreement, to persuade the employee to give a false
address. No subsequent change of address will entitle an employee to the
provisions of this clause unless the employer agrees.
17.3 Entitlement
17
The allowance payable at the highest point of the building will continue until completion of the building. -Height Allowance is applicable on a project where Site Allowance isn't payable. 16.5 Hot Work (a) An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius will be paid an additional $0.54 or part thereof; with an additional $0.67 or part thereof, where the temperature exceeds 54 degrees Celsius. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.9.1. 16.6 Cold Work (a) An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius will be paid an additional $0.54 per hour. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.10.1 17 LIVING AWAY FROM HOME - DISTANT WORK 17.1 Qualification An employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the employee cannot reasonably return to that place each night. 17.2 Employee's address At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) The employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees. 17.3 Entitlement 17
Where an employee qualifies under 17 .1 the employer will either:
(a) provide the employee with reasonable board and lodging to a standard of no
less than 3 star accommodation, with two meals daily, being breakfast and
dinner, and an out of pocket allowance of $50.00 per day, or
(b) Pay an accommodation allowance of $150.00 per day, and an out of pocket
allowance of $50.00 per day, but such allowances will not be counted as wages.
The foregoing accommodation allowance will be increased if the employee can
satisfy the employer that the employee reasonably incurred a greater outlay
than that prescribed in clause 17.3
17.4 Travelling expenses
An employee who is sent by the employer or selected or engaged by an employer or
agent of the employer to go to a job which qualifies them to the provision of this
clause will not be entitled to any of the allowances prescribed by clause 14 - Travel,
for the period occupied in travelling from their usual place of residence to the distant
job, but in lieu thereof will be paid:
(a) Forward journey
• For the time spent in so travelling, at ordinary rates up to a maximum of
eight hours per day for each day of travel (to be calculated as the time
taken by rail or the usual travelling facilities).
• For the amount of a fare on the most common method of public transport
to the job (bus; air; rail with sleeping berths if necessary), and any excess
payment due to transporting their tools if such is incurred.
• For any meals incurred while travelling at $10.97 per meal. The employer
may deduct the cost of the forward journey fare from an employee who
terminates or discontinues their employment within two weeks of
commencing on the job and who does not forthwith return to their place
of engagement.
(b) Return journey
• An employee will, for the return journey, receive the same time, fares,
and meal payments as provided in 17(4d) (a) above, together with an
amount of $17.24 to cover the cost of transport from the main public
transport terminal to their usual place of residence.
• The above return journey payments will not be paid if the employee
terminates or discontinues their employment within two months of
commencing on the job, or if the employee is dismissed for whatever
reason within one working week of commencing on the job, or is
dismissed for misconduct.
• Departure point- for the purposes of this clause, travelling time will be
calculated as the time taken for the journey from the central or regional
rail, bus or air terminal nearest the employee's usual place of residence
to the locality of the work.
18
Where an employee qualifies under 17.1 the employer will either: (a) provide the employee with reasonable board and lodging to a standard of no less than 3 star accommodation, with two meals daily, being breakfast and dinner, and an out of pocket allowance of $50.00 per day, or (b) Pay an accommodation allowance of $150.00 per day, and an out of pocket allowance of $50.00 per day, but such allowances will not be counted as wages. The foregoing accommodation allowance will be increased if the employee can satisfy the employer that the employee reasonably incurred a greater outlay than that prescribed in clause 17.3 17.4 Travelling expenses An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 14 - Travel, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: (a) Forward journey For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. For any meals incurred while travelling at $10.97 per meal. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. (b) Return journey . An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 17(4d) (a) above, together with an amount of $17.24 to cover the cost of transport from the main public transport terminal to their usual place of residence The above return journey payments will not be paid if the employee . terminates or discontinues their employment within two months of commencing on the job, or if the employee is dismissed for whatever reason within one working week of commencing on the job, or is dismissed for misconduct. Departure point- for the purposes of this clause, travelling time will be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work. 18
17.5 Daily Travel allowance
An employee engaged on a job which qualifies them to the provisions of this clause
and who are required to reside elsewhere than on the site (or adjacent to the site and
supplied with transport) will be paid the travel allowance prescribed by clause 14 -
Travel.
17.6 Week-end return home
An employee who works as required during the ordinary hours of work on the working
day before and the working day after a weekend and who notifies the employer or
their representative, no later than Tuesday of each week, of an intention to return to
their usual place of residence at the weekend and who does return for the weekend,
will be paid an allowance of $28.00 for each occasion.
17.7 Construction camps
(a) Camp and caravan accommodation
Where an employee is engaged on the construction of projects which are
located in areas where reasonable board and lodging is not available or where
the size of the workforce is in excess of the available accommodation or where
continuous concrete pour requirements of the project or the working of shifts
necessitate camp accommodation and where, because of these circumstances,
it is necessary to house the employees in a camp or caravan accommodation
the employer must reimburse all costs associated with the employee arranging
and providing such camp or caravan accommodation.
This clause will not apply where the employer provides appropriate camp or caravan
accommodation.
(b) Camping allowance
An employee living in a construction camp or caravan accommodation where
free messing is not provided will receive a camping allowance of $144.16 for
every complete week the employee is available for work. If required to be in
camp for less than a complete week the employee will be paid $20.67 per day
including any Saturday or Sunday if the employee is in camp and available for
work on the working day immediately preceding and succeeding each Saturday
or Sunday. If an employee is absent without the employer's approval on any
day, the allowance will not be payable for that day and if such unauthorised
absence occurs on the working day immediately preceding or succeeding a
Saturday or Sunday, the allowance will not be payable for the Saturday or
Sunday.
(c) Camp meal charges
Where a charge is made for meals in a construction camp, such charge will be
fixed by agreement between the parties.
19
17.5 Daily Travel allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 14 - Travel. 17.6 Week-end return home An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or their representative, no later than Tuesday of each week, of an intention to return to their usual place of residence at the weekend and who does return for the weekend, will be paid an allowance of $28.00 for each occasion. 17.7 Construction camps (a) Camp and caravan accommodation Where an employee is engaged on the construction of projects which are located in areas where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp or caravan accommodation the employer must reimburse all costs associated with the employee arranging and providing such camp or caravan accommodation. This clause will not apply where the employer provides appropriate camp or caravan accommodation. (b) Camping allowance An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $144.16 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.67 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer's approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. (c) Camp meal charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 19
17.8 Rest and recreation
(a) Rail or road travel
(i) An employee, who proceeds to a job which qualifies for the provisions of
this subclause, may, after two months continuous service and thereafter
at three monthly periods of continuous service return to their usual place
of residence at the weekend. If the employee does so, the employee will
be paid the amount of a bus or return railway fare to the bus or railway
station nearest their usual place of residence on the pay day which
immediately follows the date on which the employee returns to the job;
provided no delay not agreed to by the employer takes place in
connection with the employee's commencement of work on the morning
of the working day following the weekend. Provided, however, that if the
work upon which the employee is engaged will terminate in the ordinary
course within a further twenty"eight days after expiration of any such
period of two or three months, the provisions of this subclause will not be
applicable.
(ii) The entitlement under 17.8.(i) will be availed of as soon as reasonably
practical after it becomes due and will lapse after a period of two months
provided that the employee has been notified in writing by the employer
in the week prior to such entitlement becoming due, of the date of
entitlement and that such entitlement will lapse if not taken before the
appropriate date two months later. (Proof of such written notice will lie
with the employer).
(b) Variable return home
In special circumstances, and by agreement with the employer, the return to
the usual place of residence entitlements may be granted earlier or taken later
than the prescribed date of accrual without alteration to the employee's
accrual- entitlements.
(c) No payment for unused fares
Payment of fares and leave without pay as provided for in this subclause will
not be made unless availed of by the employee.
(d) Flexible rostered day off
If the employer and employee so agree in writing, the paid rostered day off as
prescribed in clause 24 - Ordinary Hours of work, may be taken, and paid for,
in conjunction with and additional to rest and recreation leave as prescribed in
17.8, or at the end of the project, or on termination whichever comes first.
17.9 Termination
20
17.8 Rest and recreation (a) Rail or road travel (i) An employee, who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous service and thereafter at three monthly periods of continuous service return to their usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (ii) The entitlement under 17.8.(i) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due, of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the employer). (b) Variable return home In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual- entitlements. (c) No payment for unused fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. (d) Flexible rostered day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 24 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 17.8, or at the end of the project, or on termination whichever comes first. 17.9 Termination 20
An employee will be entitled to notice of termination in sufficient time to arrange
suitable transport at termination or will be paid as if employed up to the end of the
ordinary working day before transport is available.
18. SUPERANNUATION
18.1 The level of contributions paid on behalf of each employee will be in accordance with
the table contained at Appendix I.
18.2 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, travel
allowances, site allowance, Leading Hand allowance and all allowances specifically
covered by the Superannuation Guarantee Charge (SGC)
18.3 The Employer shall be a participating employer in the Cbus Superannuation Scheme
and all employees (including apprentices) shall be enrolled in Cbus and be entitled
to superannuation benefits in accordance with the terms of Cbus Trust Deed where
applicable (paid monthly).
18.4 If at any time during the life of this Agreement the Superannuation Guarantee Charge
(SGC) increases beyond 9.5%, then any increase will be applicable under this
Agreement. Provided that at all times during the life of this Agreement the minimum
SGC percentage will be 9.5%.
18.5 Subject to the Trust Deed of the Fund of which an employee is a member, the
following provisions will apply:
(a) Paid Leave
Contributions will continue whilst an employee is absent on paid annual leave,
sick leave, long service leave, public holidays, jury service, bereavement
leave, or other paid leave.
(b) Unpaid Leave
Contributions will not be required in respect of any period of absence from
work without pay of one day or more.
18.6 The subject of superannuation is extensively dealt with by legislation including the
Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry
(Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.
This legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties except as provided for under this Agreement. The
contribution rates provided for in Clause 19.2 and 19.4 above do not limit an
enterprise's liability under the SGC.
18. 7 All Superannuation contributions under this Agreement will be paid monthly as
required by the Trust Deed.
21
An employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or will be paid as if employed up to the end of the ordinary working day before transport is available. 18. SUPERANNUATION 18.1 The level of contributions paid on behalf of each employee will be in accordance with the table contained at Appendix I. 18.2 Superannuation will be paid on all ordinary time earnings, Paid Leisure Days, travel allowances, site allowance, Leading Hand allowance and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 18.3 The Employer shall be a participating employer in the Cbus Superannuation Scheme and all employees (including apprentices) shall be enrolled in Cbus and be entitled to superannuation benefits in accordance with the terms of Cbus Trust Deed where applicable (paid monthly). 18.4 If at any time during the life of this Agreement the Superannuation Guarantee Charge (SGC) increases beyond 9.5%, then any increase will be applicable under this Agreement. Provided that at all times during the life of this Agreement the minimum SGC percentage will be 9.5%. 18.5 Subject to the Trust Deed of the Fund of which an employee is a member, the following provisions will apply: (a) Paid Leave Contributions will continue whilst an employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave. (b) Unpaid Leave Contributions will not be required in respect of any period of absence from work without pay of one day or more. 18.6 The subject of superannuation is extensively dealt with by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties except as provided for under this Agreement. The contribution rates provided for in Clause 19.2 and 19.4 above do not limit an enterprise's liability under the SGC. 18.7 All Superannuation contributions under this Agreement will be paid monthly as required by the Trust Deed 21
19. TERMINATION OF EMPLOYMENT
19.1 Notice of termination is provided for in the NES. The notice provisions of the NES do
not apply to a daily hire employee working in the building and construction industry.
19.2 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that
required of an employer, except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned. If an employee fails
to give the required notice the employer may withhold from any monies due to the
employee on termination under this award or the NES, an amount not exceeding the
amount the employee would have been paid under this award in respect of the period
of notice required by this clause less any period of notice actually given by the
employee.
20. INDUSTRY SPECIFIC REDUNDANCY SCHEME
20.1 The following redundancy clause for the Plumbing and Fire Sprinklers contracting
industry is an industry specific redundancy scheme as defined in s.12 of the Act. In
accordance with s.123 (4) (b) of the Act the provisions of Subdivision BÂ
Redundancy pay of Division 11 of the NES do not apply to employers and employees
covered by this agreement.
a) The employer shall participate in a Redundancy Protection Scheme and shall
make relevant contributions on behalf of all employees to provide for the payment
of redundancy benefits to employees.
b) The benefits to be provided to the Employees shall be equivalent to the benefits
provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax
Assessment Act 1986 (A TO 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
22
19. TERMINATION OF EMPLOYMENT 19 .* Notice of termination is provided for in the NES. The notice provisions of the NES do not apply to a daily hire employee working in the building and construction industry. 19.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee. 20. INDUSTRY SPECIFIC REDUNDANCY SCHEME 20.1 The following redundancy clause for the Plumbing and Fire Sprinklers contracting industry is an industry specific redundancy scheme as defined in s. 12 of the Act. In accordance with s.123 (4) (b) of the Act the provisions of Subdivision B- Redundancy pay of Division 11 of the NES do not apply to employers and employees covered by this agreement. a) The employer shall participate in a Redundancy Protection Scheme and shall make relevant contributions on behalf of all employees to provide for the payment of redundancy benefits to employees. b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986 (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). c) The particular Redundancy Protection Scheme to be provided shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. 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. ) 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 22
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 20.3
and the entitlement of the employee under relevantly the lncolink Responsible
Fund or the Appropriate lncolink Fund trust deed (or under the constituting
documents of any other ATO Approved Fund nominated by lncolink pursuant to
its trust deed).
h) References in this Clause to relevantly the lncolink Responsible Fund or the
Appropriate lncolink Fund include a reference to another fund for comparable
purposes nominated by lncolink for the purposes of this Agreement as a fund
which meets the requirements of relevantly an lncolink Responsible Fund or an
appropriate lncolink Fund.
20.2 Definition
For the purposes of this clause, redundancy means a situation where an employee
ceases to be employed by an employer other than for reasons of misconduct or
refusal of duty. Redundant has a corresponding meaning.
20.3 Redundancy pay
(a) A redundant employee will receive redundancy/severance payments in respect
of all continuous service with the employer, calculated as follows:
Period of continuous service
Redundancy/Severance Pay
with an employer
2.4 weeks' pay plus, for all service
1 year or more but less than 2 in excess of 1 year, 1. 75 hours pay
Years per completed week of service up
to a maximum of 4.8 weeks' pay
4.8 weeks' pay plus, for all service
2 years or more but less than 3 in excess of 2 years, 1.6 hours pay
Years per completed week of service up
to a maximum of 7 weeks' pay
7 weeks' pay plus, for all service in
3 years or more but less than 4 excess of 3 years, 0.73 hours pay
Years per completed week of service up
to a maximum of 8 weeks' pay
4 years or more 8 weeks' pay
23
employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per Clause 20.3 and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). h) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which meets the requirements of relevantly an Incolink Responsible Fund or an appropriate Incolink Fund. 20.2 Definition For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. 20.3 Redundancy pay (a) A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 4.8 weeks' pay plus, for all service 2 years or more but less than 3 in excess of 2 years, 1.6 hours pay Years per completed week of service up to a maximum of 7 weeks' pay 7 weeks' pay plus, for all service in 3 years or more but less than 4 excess of 3 years, 0.73 hours pay Years per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay 23
(b) Provided that an employee employed for less than 12 months will be entitled to
a redundancy/severance payment of 1.75 hours per week of service if, and only
if, redundancy is occasioned otherwise than by the employee.
(c) Week's pay means the ordinary time rate of pay at the time of termination for
the employee concerned.
(d) If an employee dies with a period of eligible service which would have entitled
that employee to redundancy pay, such redundancy pay entitlement will be paid
to the estate of the employee.
( e) Any period of service as a casual will not entitle an employee to accrue service
in accordance with this clause for that period.
(f) Service as an apprentice will entitle an employee to accumulate credits towards
the payment of a redundancy benefit in accordance with this clause if the
employee completes an apprenticeship and remains in employment with that
employer for a further 12 months.
(g) Contributions paid by the employer under this clause will be paid in accordance
with the requirements of the Scheme's trust deed.
(h) Upon termination the employee will, depending on the Scheme's trust deed, be
paid directly by the Scheme.
(i) For the purpose of meeting its obligations under this clause the employer will
make the contributions set out in clause 20 above on a monthly basis in respect
of each employee covered by this Agreement to the Scheme.
(j) 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 then the
employee will receive the difference between the amount due under clause 20
and the amount due under this clause, but not both.
20.4 Redundancy pay schemes
(a) Where an employer terminates the employment of an employee and the
employer incurs a redundancy pay obligation to the employee under this clause,
some or all of the benefit the employee receives from a redundancy pay fund
may be set off against the employer's redundancy pay obligation under this
clause, subject to the following conditions.
(b) If the employee receives a benefit from the redundancy pay fund, the employer
may set off any proportion of the benefit which is attributable to the employer's
contribution to the fund against its redundancy pay obligation under this clause.
If the proportion so calculated is equal to or greater than the employer's
redundancy pay obligation under this clause the obligation will be fully satisfied.
(c) If the employee does not receive a benefit from the redundancy pay scheme,
contributions made by an employer on behalf of an employee to the scheme
will, to the extent of those contributions, be set off against the liability of the
employer under this clause and payments to the employee will be made in
accordance with the rules of the redundancy pay scheme fund or any
agreement relating thereto. If the contribution is equal to or greater than the
24
(b) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (c) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. (d) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement will be paid to the estate of the employee. (e) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (f) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months. (g) Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. (h) Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. (i) For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 20 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (i) Where an employee is entitled to a payment by the Scheme under clause 20 and an entitlement under the provisions of this clause would be greater then the employee will receive the difference between the amount due under clause 20 and the amount due under this clause, but not both. 20.4 Redundancy pay schemes (a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions. (b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the 24
employer's redundancy pay obligation under this clause the obligation will be
fully satisfied.
The redundancy pay scheme must be an Approved Worker Entitlement Fund under
the Fringe Benefits Tax Regulations 1992.
20.5 Employee leaving during notice period
An employee whose employment is to be terminated in accordance with this clause
may terminate their employment during the period of notice and if this occurs, will be
entitled to the provisions of this clause as if the employee remains with the employer
until expiry of such notice. Provided that in such circumstances, the employee will
not be entitled to payment instead of notice.
20.6 Transfer of business
Where a business is, before or after the date of this award, transferred from an
employer (in this subclause called the old employer) to another employer (in this
subclause called the new employer) and an employee who at the time of such
transfer was an employee of the old employer in that business becomes an employee
of the new employer:
(a) the continuity of the employment of the employee will be deemed not to have
been broken by reason of such transfer; and
(b) the period of employment which the employee has had with the old employer
or any prior old employer will be deemed to be service of the employee with the
new employer.
In this subclause, business includes trade, process, business or occupation and
includes part of any such business and transfer includes transfer, conveyance,
assignment or succession whether by agreement or by operation of law. Transferred
has a corresponding meaning.
21. STATUTORY MATTERS COVERED BY STATE LEGISLATION
The following NSW State Acts and the regulations, as amended, where relevant and
provided they are not in conflict with the requirements of the Workplace Relations Act
1996, as amended, will set the minimum terms insofar as they relate to matters that
are under the provisions of the relevant Act and pertain to the Company and
employees bound by this Agreement:-
• Long Service leave Act 1955;
• Long service leave (portable schemes) Act 2009
• Building and Construction Industry Long Service Payments Act 1986;
• Workplace Injury Management and Compensation Act 1998; and
• WHS Act 2011.
Where an employee is eligible, the employer will register an employee with the
Building and Construction Industry Long Service Payments Corporation within 4
weeks of commencement of his/her employment.
25
employer's redundancy pay obligation under this clause the obligation will be fully satisfied. The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Regulations 1992. 20.5 Employee leaving during notice period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 20.6 Transfer of business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) the continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and (b) the period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. 21. STATUTORY MATTERS COVERED BY STATE LEGISLATION The following NSW State Acts and the regulations, as amended, where relevant and provided they are not in conflict with the requirements of the Workplace Relations Act 1996, as amended, will set the minimum terms insofar as they relate to matters that are under the provisions of the relevant Act and pertain to the Company and employees bound by this Agreement :- . Long Service leave Act 1955; . Long service leave (portable schemes) Act 2009 Building and Construction Industry Long Service Payments Act 1986; Workplace Injury Management and Compensation Act 1998; and WHS Act 2011. Where an employee is eligible, the employer will register an employee with the Building and Construction Industry Long Service Payments Corporation within 4 weeks of commencement of his/her employment. 25
22.
If at any time during the life of the agreement any new legislation is enacted it will be
deemed to cover this agreement.
TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS
INSURANCE
The Employer recognises the importance of providing income security for employees
and their families in the event of unforeseen circumstances occurring. In this regard
the Company will, as part of this Agreement take out a Top Up, 24 hr accident and
sickness insurance with Marsh Pty Ltd for all employees other than casuals. This
policy will contain provisions that allow approved benefits to be paid within 14 days
resulting from an accident or sickness, and within 30 days resulting from an amateur
sporting injury. The maximum cost to the Company will not exceed $15 per week.
23. ORDINARY HOURS OF WORK
CITY OF CUMBERLAND AND REGIONAL PROJECTS WHERE APPLICABLE
23.1 Except as provided elsewhere in this agreement, the average ordinary working
hours will be 36 per week worked in accordance with the following provisions for
a two-week work cycle:
This time will accrue as follows:
0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken;
23.2 Rostered Days Off
a) The ordinary working hours shall be worked in a 1 O day/ 2 week cycle,
Monday to Friday inclusive with eight hours worked for each nine [9] days,
and with 0.8 of an hour on each of those days accruing toward the tenth
day, which shall be taken as a paid day off. The tenth day shall be known
as the Rostered Day Off or 'RDO'.
b) Subject to Clause 23.3, RDOs not attached to a Designated Long
Weekend are paid at the ordinary time rate paid to Employees at the time
of taking the RDO, and on all RDOs payment shall include the daily
'Fares', and any applicable allowances as prescribed by this Agreement.
d) For clarity, 26 RDOs shall be accrued by an Employee in each twelve
months continuous service.
e) Each day of paid leave taken and any public holiday occurring during any
cycle of two weeks will be a day worked for accrual purposes.
26
If at any time during the life of the agreement any new legislation is enacted it will be deemed to cover this agreement. 22. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Company will, as part of this Agreement take out a Top Up, 24 hr accident and sickness insurance with Marsh Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the Company will not exceed $15 per week. 23. ORDINARY HOURS OF WORK CITY OF CUMBERLAND AND REGIONAL PROJECTS WHERE APPLICABLE 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 36 per week worked in accordance with the following provisions for a two-week work cycle: This time will accrue as follows: 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; 23.2 Rostered Days Off a) The ordinary working hours shall be worked in a 10 day/ 2 week cycle, Monday to Friday inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of those days accruing toward the tenth day, which shall be taken as a paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO'. b) Subject to Clause 23.3, RDOs not attached to a Designated Long Weekend are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs payment shall include the daily 'Fares', and any applicable allowances as prescribed by this Agreement. d) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months continuous service. e) Each day of paid leave taken and any public holiday occurring during any cycle of two weeks will be a day worked for accrual purposes. 26
f) Upon commencement of employment, Employees who have not worked a
complete ten day/two week cycle, shall receive pro-rata accrual
entitlements for the first RDO or group of RDOs falling after their
commencement of employment. Thereafter, for the duration of
employment with that employer, RDOs will be paid in full as they occur.
23.3 RDO Schedule, Public Holidays, Designated Long Weekends and
Christmas Annual Leave
a) The agreed RDO calendar for the Employer (unless otherwise varied in
accordance with this Agreement) is in Appendix 6 and reflects the agreed
scheduling of Designated Long Weekends, Rostered Days Off and
Christmas/Easter Annual Leave shutdown for 2021, 2022 and 2023.
b) On the last day of work prior to a Designated Long Weekend, as far as
practical, work shall cease by 3.30pm.
23.4 Work on Designated Long Weekends
a) Until 30 November 2020, the Company and its Employees may agree,
where there is a need for genuine operational reasons, work may be
carried out on Designated Long Weekends if the Company first consults
with and agrees about the need to carry out work with the majority of the
Employees. As far as practical given operational requirements, the
Company will give employees at least 7 days' written notice of any such
need for work to occur so as to ensure appropriate consultation. Such
requirements must be based on genuine circumstances. If 7 days' notice
is not provided by the Employer then the affected Employees, in addition
to accrued entitlements, shall be paid double time and a half and shall
bank an additional RDO over and above the time accrued.
b) In relation to Scheduled RDOs not attached to a Designated Long
Weekend, these may be worked with the Agreement of an employee.
c) An Employee may refuse to work on a scheduled RDO (or any substituted
day) if the requirement to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week of
the scheduled RDO;
(ii) the number of scheduled RDOs worked by the Employee within the
previous six weeks;
(iii) the Employee's family responsibilities; and
(iv) any other special circumstances peculiar to the Employee.
d) In addition to accrued entitlement such work that is on any scheduled
RDO that is not attached to a Designated Long weekend shall be paid for
at ordinary time rates of pay including the daily Travel Allowance and any
applicable allowances as prescribed by this Agreement.
27
f) Upon commencement of employment, Employees who have not worked a complete ten day/two week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur. 23.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this Agreement) is in Appendix 6 and reflects the agreed scheduling of Designated Long Weekends, Rostered Days Off and Christmas/Easter Annual Leave shutdown for 2021, 2022 and 2023 b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall cease by 3.30pm. 23.4 Work on Designated Long Weekends a) Until 30 November 2020, the Company and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Designated Long Weekends if the Company first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Company will give employees at least 7 days' written notice of any such need for work to occur so as to ensure appropriate consultation. Such requirements must be based on genuine circumstances. If 7 days' notice is not provided by the Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time and a half and shall bank an additional RDO over and above the time accrued. b) In relation to Scheduled RDOs not attached to a Designated Long Weekend, these may be worked with the Agreement of an employee. c) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee's family responsibilities; and (iv) any other special circumstances peculiar to the Employee. d) In addition to accrued entitlement such work that is on any scheduled RDO that is not attached to a Designated Long weekend shall be paid for at ordinary time rates of pay including the daily Travel Allowance and any applicable allowances as prescribed by this Agreement. 27
e) On Designated Long Weekends, in addition to accrued entitlements, such
work shall be paid for at double time and a half, including the daily 'Fares
& Travelling Allowance' and any applicable allowances as prescribed by
this Agreement and the Employee shall bank an additional RDO over and
above the time accrued.
23.5 Work on Scheduled RDOs and Designated Long Weekends
a) From 1 December 2020, the Company and its Employees may agree,
where there is a need for genuine operational reasons, work may be
carried out on Scheduled ROD/Designated long Weekends if the
Company first consults with and agrees about the need to carry out work
with the majority of the Employees. As far as practical given operational
requirements, the Company will give employees at least 7 days' written
notice of any such need for work to occur so as to ensure appropriate
consultation. Such requirements must be based on genuine
circumstances. If 7 days' notice is not provided by the Employer then the
affected Employees, in addition to accrued entitlements, shall be paid
double time and a half and shall bank an additional RDO over and above
the time accrued.
b) An Employee may refuse to work on a scheduled RDO (or any substituted
day) if the requirement to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week of
the scheduled RDO;
(ii) the number of scheduled RDOs worked by the Employee within the
previous six weeks;
(iii) the Employee's family responsibilities; and
(iv) any other special circumstances peculiar to the Employee.
c) Except on Designated Long Weekends, in addition to accrued
entitlements, such work on any scheduled RDO that is not attached to a
Designated Long weekend and where notice is given in accordance with
clause 27.5 a) shall be paid for at ordinary time rates of pay, including the
daily 'Fares & Travelling Allowance' and any applicable allowances as
prescribed by this Agreement.
d) On Designated Long Weekends, in addition to accrued entitlements such
work shall be paid for at double time and a half, including the daily 'Fares
& Travelling Allowance' and any applicable allowances as prescribed by
this Agreement and the Employee shall bank an additional RDO over and
above the time accrued.
e) From 1 December 2020, all Employees who work on the Scheduled RDO
will be granted an alternative RDO to another day falling within six weeks
of the originally scheduled day provided that the re-scheduled RDO is to
28
e) On Designated Long Weekends, in addition to accrued entitlements, such work shall be paid for at double time and a half, including the daily 'Fares & Travelling Allowance' and any applicable allowances as prescribed by this Agreement and the Employee shall bank an additional RDO over and above the time accrued. 23.5 Work on Scheduled RDOs and Designated Long Weekends a) From 1 December 2020, the Company and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the Company first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Company will give employees at least 7 days' written notice of any such need for work to occur so as to ensure appropriate consultation. Such requirements must be based on genuine circumstances. If 7 days' notice is not provided by the Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time and a half and shall bank an additional RDO over and above the time accrued. b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee's family responsibilities; and (iv) any other special circumstances peculiar to the Employee. c) Except on Designated Long Weekends, in addition to accrued entitlements, such work on any scheduled RDO that is not attached to a Designated Long weekend and where notice is given in accordance with clause 27.5 a) shall be paid for at ordinary time rates of pay, including the daily 'Fares & Travelling Allowance' and any applicable allowances as prescribed by this Agreement. d) On Designated Long Weekends, in addition to accrued entitlements such work shall be paid for at double time and a half, including the daily 'Fares & Travelling Allowance' and any applicable allowances as prescribed by this Agreement and the Employee shall bank an additional RDO over and above the time accrued. e) From 1 December 2020, all Employees who work on the Scheduled RDO will be granted an alternative RDO to another day falling within six weeks of the originally scheduled day provided that the re-scheduled RDO is to 28
be taken on a day or days adjacent to a 'weekend or in conjunction with
annual leave, or as otherwise agreed by the Employee and the Company,
such agreement not to be unreasonably withheld.
23.6 Banking of RDOs
a) Where the Employer and Employee agree up to six days RDOs in a
twelve month period may be accrued for the purpose of creating a bank to
be drawn upon by the Employee at times mutually agreed. Details of such
banked RDOs shall be entered on to each Employee's employment
records. These RDOs may be taken as a group of consecutive days or
any other combination subject to reasonably notice by an Employee.
23. 7 Early start
By agreement between the employer and employees, the working day may begin
at 6.00 am. Or at any other time between that hour and 8.00 a.m. and the
working time will then begin to run from the time so fixed, with a consequential
adjustment to the meal break.
23. 7 Employees will be entitled to take five minutes immediately before lunch and
before finishing time to enable them to wash and put away gear. The washing
time breaks will be counted as time worked.
23.8 Except as provided elsewhere in this agreement Clause, the average ordinary
working hours will be 38 per week worked in accordance with the following provisions
for a four week work cycle:
(a) Ordinary working hours will be worked in a twenty-day, four week cycle, Monday
to Friday inclusive, with nineteen working days of eight hours each, between the
hours of 6.00 a.m. and 6.00 p.m., with 0.4 of one hour on each day worked
accruing as an entitlement to take a rostered day off (RDO) in each cycle paid
as though worked. With an additional 0.4 of an hour on each day worked accruing
as an entitlement to a paid leisure day (PLO).
a. This time will accrue as follows:
Wollongong, Central Coast, Newcastle, NSW Country areas and
apprentices; 0.4 hours (24 minutes) accrued per day worked or per day
of paid leave taken.
An employee is not entitled to accrue the time provided for in 23.1 (a)
whilst on an RDO or PLO.
23.2 Clearing of Rostered Days Off (RDO) and Paid Leisure Days (PLO)
29
be taken on a day or days adjacent to a 'weekend or in conjunction with annual leave, or as otherwise agreed by the Employee and the Company, such agreement not to be unreasonably withheld. 23.6 Banking of RDOs a) Where the Employer and Employee agree up to six days RDOs in a twelve month period may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs shall be entered on to each Employee's employment records. These RDOs may be taken as a group of consecutive days or any other combination subject to reasonably notice by an Employee. 23.7 Early start By agreement between the employer and employees, the working day may begin at 6.00 am. Or at any other time between that hour and 8.00 a.m. and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break. 23.7 Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked 23.8 Except as provided elsewhere in this agreement Clause, the average ordinary working hours will be 38 per week worked in accordance with the following provisions for a four week work cycle: (a) Ordinary working hours will be worked in a twenty-day, four week cycle, Monday to Friday inclusive, with nineteen working days of eight hours each, between the hours of 6.00 a.m. and 6.00 p.m ., with 0.4 of one hour on each day worked accruing as an entitlement to take a rostered day off (RDO) in each cycle paid as though worked. With an additional 0.4 of an hour on each day worked accruing as an entitlement to a paid leisure day (PLD). a. This time will accrue as follows: Wollongong, Central Coast, Newcastle, NSW Country areas and apprentices; 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken. An employee is not entitled to accrue the time provided for in 23.1(a) whilst on an RDO or PLD. 23.2 Clearing of Rostered Days Off (RDO) and Paid Leisure Days (PLD) 29
(a) The 38 hour RDO Calendars for, 2021, 2022, 2023. 2024 are pertained in
Appendix 7 of this agreement.
(b) While the schedule of RDO's prescribed will be observed, the employer and
employee/employees may; too increase productivity and meet scheduled
work arrangements alter the scheduled days mentioned in Appendix 3 to
meet such work requirements.
(c) If on commencement of Employment an employee does not have enough
RDO/PLD leave accrued to obtain full payment for the next rostered day off,
only partial payment may be made from accruals.
( d) Termination of employment
On termination, the employer must pay an employee all unused accruals that
the employee has accrued under this clause, including the travel component
for RDO's.
23.3 Early start
By agreement between the employer and employees, the working day may begin at
6.00 am. Or at any other time between that hour and 8.00 a.m. and the working time
will then begin to run from the time so fixed, with a consequential adjustment to the
meal break.
23.4 Employees will be entitled to take five minutes immediately before lunch and before
finishing time to enable them to wash and put away gear. The washing time breaks
will be counted as time worked.
24. WORK BREAKS
24.1 Meal breaks
There will be a cessation of work and working time within the first 5 hours of each
day for the purpose of a meal on each day, of not less than 30 minutes, to be taken
at a time that meets the needs of each particular project. Employees will not be
required to work more than 5 hours without a rest break.
24.2 Variation of meal breaks
Where, because of the area or location of a project the period of the meal break may
be lengthened to not more than 45 minutes with a consequential adjustment to the
daily time of cessation of work.
24.3 Daily rest breaks
There will be allowed, without deduction of pay, a rest period of 10 minutes between
9.00 am and 11 00 am.
30
(a) The 38 hour RDO Calendars for, 2021, 2022, 2023. 2024 are pertained in Appendix 7 of this agreement. (b) While the schedule of RDO's prescribed will be observed, the employer and employee/employees may; too increase productivity and meet scheduled work arrangements alter the scheduled days mentioned in Appendix 3 to meet such work requirements. (c) If on commencement of Employment an employee does not have enough RDO/PLD leave accrued to obtain full payment for the next rostered day off, only partial payment may be made from accruals, (d) Termination of employment On termination, the employer must pay an employee all unused accruals that the employee has accrued under this clause, including the travel component for RDO's. 23.3 Early start By agreement between the employer and employees, the working day may begin at 6.00 am. Or at any other time between that hour and 8.00 a.m. and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break. 23.4 Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. 24. WORK BREAKS 24.1 Meal breaks There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. 24.2 Variation of meal breaks Where, because of the area or location of a project the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 24.3 Daily rest breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. 30
24.4 Overtime rest breaks
(a) Where an employee is required to work overtime after the usual ceasing time,
for that day, of 2 hours, the employee will be allowed to take, without deduction
of pay, a rest break of 20 minutes immediately after the cessation of the two
hours overtime, also, after each four hours of continuous work, the employee
will be allowed to take, without deduction of pay, a rest break of 30 minutes in
duration.
(b) For the purpose of this clause usual ceasing time is at the end of ordinary hours
inclusive of time worked for accrual purposes as prescribed in clause 23.1 (a)Â
Ordinary Hours of Work.
(c) Where an agreement is reached pursuant to clause 24.2, the agreement may
make provision for the variation of work breaks to suit the arrangement of hours
of work.
25. OVERTIME
25.1 Overtime generally
(a) All time worked beyond the ordinary hours of work as prescribed in clause 23 -
Ordinary Hours of work, inclusive of time worked for accrual purposes as
prescribed will be paid for at the rate of one and a half times ordinary rate for
the first two hours and double time thereafter.
(b) All Area 1 and Area 2 and Regional Infrastructure Projects will be paid at Double
time for all overtime commencing from 1 st April 2023
(a) Call-back
An employee recalled to work overtime after leaving the employer's business
premises (whether notified before or after leaving the premises) will be paid for
a minimum of two hours work at the appropriate rates for each time the
employee is so recalled. Except in the case of unforeseen circumstances the
employee will not be required to work the full two hours if the job or jobs the
employee was recalled to perform is completed within a shorter period. When
an employee is recalled to work after leaving the employer's business premises
prior to the expiration of a ten hour break after ordinary ceasing time and the
actual time worked on the call out does not exceed three hours, the provisions
of this clause will not apply. In addition:
This sub-clause will not apply in cases where it is customary for an employee to
return to the employer's premises to perform a specific job outside ordinary working
hours, or where the overtime is continuous (subject to a reasonable meal break) with
the completion or commencement of ordinary working time.
(b) Working during meal break
If the employer requires an employee to work through their normal meal break
the employee will be paid at the rate of double time until the employee is allowed
to take such a break. Where the meal break is shortened by agreement, the
employer will pay for the period by which the meal break is shortened, which
will then form part of ordinary time hours.
31
24.4 Overtime rest breaks (a) Where an employee is required to work overtime after the usual ceasing time, for that day, of 2 hours, the employee will be allowed to take, without deduction of pay, a rest break of 20 minutes immediately after the cessation of the two hours overtime, also, after each four hours of continuous work, the employee will be allowed to take, without deduction of pay, a rest break of 30 minutes in duration. (b) For the purpose of this clause usual ceasing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 23.1(a)- Ordinary Hours of Work. (c) Where an agreement is reached pursuant to clause 24.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work. 25. OVERTIME 25.1 Overtime generally (a) All time worked beyond the ordinary hours of work as prescribed in clause 23 - Ordinary Hours of work, inclusive of time worked for accrual purposes as prescribed will be paid for at the rate of one and a half times ordinary rate for the first two hours and double time thereafter. (b) All Area 1 and Area 2 and Regional Infrastructure Projects will be paid at Double time for all overtime commencing from 1st April 2023 (a) Call-back An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of two hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances the employee will not be required to work the full two hours if the job or jobs the employee was recalled to perform is completed within a shorter period. When an employee is recalled to work after leaving the employer's business premises prior to the expiration of a ten hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three hours, the provisions of this clause will not apply. In addition: This sub-clause will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. (b) Working during meal break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. 31
(c) Transport after overtime or holiday work
When an employee, after having worked overtime for which the employee has
not been regularly rostered or on a prescribed holiday, finishes work at a time
when reasonable means of transport are not available the employer will pay the
cost of or provide a conveyance to their home or to the nearest public transport.
25.2 Breaks between working days
An employee who works so much overtime that, between the termination of ordinary
work on one day and the commencement of ordinary work on the next day, the
employee has not had at least ten consecutive hours off duty between those times,
or on a Saturday, Sunday or Holiday without having had ten consecutive hours off
duty in the 24 hours preceding ordinary commencing time on their next ordinary day
will, subject to this subclause, be released after completion of such overtime until the
employee has had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(a) If, on the instructions of the employer, such an employee resumes or continues
work without having had such ten consecutive hours off duty the employee will
be paid at double rates until the employee is released from duty for such period
and the employee will then be entitled to be absent until the employee has had
ten consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.
(b) An employee who has worked continuously (except for work breaks allowed by
this Agreement) for 20 hours including holiday work will not be required to
continue at or recommence work for at least twelve hours.
25.3 Sydney, Wollongong and Central Coast and Regional Projects Overtime
All overtime for those employees employed under the Sydney, Wollongong, Central
coast or Regional Infrastructure Projects where Regional Projects in Area 3 and Area
4 with a Building contract value in excess of $100 million will attract the Area 2 rates
of pay Contract Value will be as per the Cordell's, SCI or alike in determining the
value will be paid double time for all overtime from 1 st April 2023.
26. WEEKEND WORK
26.1 All time worked on a Saturday or Sunday will be paid for at double time.
26.2 An employee required to work on a Saturday or Sunday will be afforded at least three
hours work on a Saturday or four hours work on a Sunday or will be paid for three
hours on a Saturday or four hours on a Sunday at the appropriate rate. Provided that
on urgent service work an employee will be paid in accordance with 25.1 (a)
26.3 An employee working overtime on a Saturday or a Sunday will be allowed a paid rest
period often minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid
for as though worked.
26.4 An employee working on a Saturday or Sunday will be allowed a paid meal break of
20 minutes after four hours work, to be paid for at the ordinary rate of pay, but this
will not prevent any arrangements being made for the taking of a 30 minute meal
32
(c) Transport after overtime or holiday work When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 25.2 Breaks between working days An employee who works so much overtime that, between the termination of ordinary work on one day and the commencement of ordinary work on the next day, the employee has not had at least ten consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had ten consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (a) If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (b) An employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least twelve hours. 25.3 Sydney, Wollongong and Central Coast and Regional Projects Overtime All overtime for those employees employed under the Sydney, Wollongong, Central coast or Regional Infrastructure Projects where Regional Projects in Area 3 and Area 4 with a Building contract value in excess of $100 million will attract the Area 2 rates of pay Contract Value will be as per the Cordell's, BCI or alike in determining the value will be paid double time for all overtime from 1st April 2023. 26 WEEKEND WORK 26.1 All time worked on a Saturday or Sunday will be paid for at double time. 26.2 An employee required to work on a Saturday or Sunday will be afforded at least three hours work on a Saturday or four hours work on a Sunday or will be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate. Provided that on urgent service work an employee will be paid in accordance with 25.1(a) 26.3 An employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 26.4 An employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30 minute meal 32
period, the time in addition to the paid 20 minutes being without pay. In the event of
an employee being required to work in excess of a further four hours, the employee
will be allowed to take a paid rest break of 30 minutes which will be paid at the
ordinary rate of pay
27. NIGHT SHIFT
Wherever it may be found necessary in the erection, alteration, renovation or
demolition of buildings to work wholly by night, or in two shifts, day and night, the
following terms and conditions will apply:
27.1 No employee who is employed during the ordinary hours will be employed on night
shift except on overtime rates or vice-versa.
27.2 Reasonable time will be allowed for a meal or meals during such shift.
27.3 In such cases where night shifts are worked and employment continues for more
than one week, employees will work five shifts per week of eight hours. Employees
on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow one
complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth
shift entitlement will be in accordance with Clause 23 - ordinary hours of work. This
twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause
and the appropriate allowance under clause 14- travel.
27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will accrue an
additional 0.4 hours for each 8 hour shift worked that will accrue as a PLO entitlement
in accordance with Clause 23 - Ordinary Hours of work.
27.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by
clause 29 - Public holidays and holiday work will be regarded as shifts worked for
accrual purposes.
27.6 Except as provided above, employees not working a complete four week cycle will
be paid accrued pro rata entitlement for each shift worked on a programmed shift off
or, in the case of termination of employment on termination.
27.7 The employer and employee will agree in writing upon arrangements for rostered
paid days off during the twenty shift cycle or for accumulation of accrued days to be
taken at or before the end of the particular contract, provided that such accumulation
will be limited to no more than five such accrued days before they are taken as paid
days off, and when taken those days will be regarded as days worked for accrual
purposes in the particular twenty shift cycle.
27.8 Once such days have been rostered they will be taken as paid days off provided that
where the employer for emergency reasons requires an employee to work on a
rostered day off, the employee will be paid in addition to their accrued entitlement,
penalty rates prescribed in 25.1 (a).
33
period, the time in addition to the paid 20 minutes being without pay. In the event of an employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay 27. NIGHT SHIFT Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night, or in two shifts, day and night, the following terms and conditions will apply: 27.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 27.2 Reasonable time will be allowed for a meal or meals during such shift. 27.3 In such cases where night shifts are worked and employment continues for more than one week, employees will work five shifts per week of eight hours. Employees on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift entitlement will be in accordance with Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 14- travel. 27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will accrue an additional 0.4 hours for each 8 hour shift worked that will accrue as a PLD entitlement in accordance with Clause 23 - Ordinary Hours of work. 27.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 29 - Public holidays and holiday work will be regarded as shifts worked for accrual purposes. 27.6 Except as provided above, employees not working a complete four week cycle will be paid accrued pro rata entitlement for each shift worked on a programmed shift off or, in the case of termination of employment on termination. 27.7 The employer and employee will agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days to be taken at or before the end of the particular contract, provided that such accumulation will be limited to no more than five such accrued days before they are taken as paid days off, and when taken those days will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 27.8 Once such days have been rostered they will be taken as paid days off provided that where the employer for emergency reasons requires an employee to work on a rostered day off, the employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 25.1(a). 33
27.9 An employee employed for less than five continuous shifts in any working week will
be paid in accordance with clause 25 - Overtime, and clause 26- Weekend Work. In
cases where the employee has been employed on night shift for more than one week
continuously then in such cases if the job finishes during the currency of the week's
work the employer will be at liberty to terminate the engagement and will pay to such
employee the rate fixed for night shift work for the time actually worked. In cases
where less than a full week is worked, due to the action of the employee, the rate
payable for the actual time worked will be ordinary night shift rates.
27.10 The rate of pay for night shift will be time and one third (150%).
27.11 The starting and finishing hours for night shift work will be agreed upon mutually
between the employer and a majority of affected employees. The provisions relating
to clause 23 -Ordinary Hours of work and Clause 29 - Annual Leave apply to
employees working shift work provided that the starting time for ordinary night shift
hours will not be before 3.00pm.
When an employee, after having worked overtime for which the employee has not
been regularly rostered or on a prescribed holiday, finishes work at a time when
reasonable means of transport are not available the employer will pay the cost of or
provide a conveyance to their home or to the nearest public transport.
28. PUBLIC HOLIDAYS AND HOLIDAY WORK
An employee will be entitled to the following holidays without deduction of pay:
New Years' Day Anzac Day
Australia Day Queen's Birthday
Good Friday Labour Day
Easter Saturday Christmas Day
Easter Monday Boxing Day
Any State Act or State declared substitute days or additional days as observed in the
particular state or locality. Where the business is situated near a state or territory
border and the employer's operations traverse the border, the employer may elect to
follow a particular state or territory's public holidays, subject to agreement with the
affected employees.
28.1 When public holidays fall on a weekend
(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed
on 27 December.
(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on
28 December.
34
27.9 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 25 - Overtime, and clause 26 - Weekend Work. In cases where the employee has been employed on night shift for more than one week continuously then in such cases if the job finishes during the currency of the week's work the employer will be at liberty to terminate the engagement and will pay to such employee the rate fixed for night shift work for the time actually worked. In cases where less than a full week is worked, due to the action of the employee, the rate payable for the actual time worked will be ordinary night shift rates. 27.10 The rate of pay for night shift will be time and one third (150%). 27.11 The starting and finishing hours for night shift work will be agreed upon mutually between the employer and a majority of affected employees. The provisions relating to clause 23 -Ordinary Hours of work and Clause 29 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 28. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay: New Years' Day Anzac Day Australia Day Queen's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day Any State Act or State declared substitute days or additional days as observed in the particular state or locality. Where the business is situated near a state or territory border and the employer's operations traverse the border, the employer may elect to follow a particular state or territory's public holidays, subject to agreement with the affected employees. 28.1 When public holidays fall on a weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December 34
(c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in
lieu will be observed on the following Monday.
(d) By agreement between an employer and the majority of employees other days
may be substituted for the days prescribed in Clause 29.
28.2 Termination
(a) If the employer terminates the employment of an employee (except for reasons
of misconduct or incompetency) the employer will pay the employee a day's
ordinary wages for each holiday or each holiday in a group which falls within
ten consecutive calendar days after the day of termination.
(b) Where any two or more of the holidays prescribed in this clause occur within a
seven day span, such holiday will be a group of holidays. If the first day of the
group of holidays falls within ten consecutive calendar days after termination,
the whole group will be deemed to fall within the ten consecutive calendar days.
Christmas Day, Boxing Day and New Year's Day will be regarded as a group.
(c) No employee will be entitled to receive payment from more than one employer
in respect to the same public holiday or groups of holidays.
28.3 Family Day
(a) All employees covered by this Agreement will be entitled to Family Picnic Day
without loss of pay on the first Monday in December of each year. An
employee required to work on picnic day will be paid at the rate of double time
and a half and paid for not less than four hours' work. Proof of attendance at
the picnic day may by requested from the Employee to entitle him/her to
payment for the Family Picnic Day.
(b) Any employee required to work on this day will be paid at the rate of double
time and a half; provided that an employee who attends for work as required on
this day will be paid for not less than four hours work.
28.4 Absence before/after a holiday
An employee who, without permission or reasonable cause, fails to attend for work
on the working days before or after a holiday will not be entitled to be paid for such
holiday.
28.5 Payment for working on a Public holiday
An employee who works on any of the public holidays or substitute days prescribed
in this clause, will be paid at the rate of double time and a half for all time worked. An
employee required to perform any work on a public holiday will be afforded at least
four hours work or paid for four hours at the appropriate rate.
29. ANNUAL LEAVE
35
(c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. (d) By agreement between an employer and the majority of employees other days may be substituted for the days prescribed in Clause 29. 28.2 Termination (a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 28.3 Family Day (a) All employees covered by this Agreement will be entitled to Family Picnic Day without loss of pay on the first Monday in December of each year. An employee required to work on picnic day will be paid at the rate of double time and a half and paid for not less than four hours' work. Proof of attendance at the picnic day may by requested from the Employee to entitle him/her to payment for the Family Picnic Day. (b) Any employee required to work on this day will be paid at the rate of double time and a half; provided that an employee who attends for work as required on this day will be paid for not less than four hours work. 28.4 Absence before/after a holiday An employee who, without permission or reasonable cause, fails to attend for work on the working days before or after a holiday will not be entitled to be paid for such holiday. 28.5 Payment for working on a Public holiday An employee who works on any of the public holidays or substitute days prescribed in this clause, will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours work or paid for four hours at the appropriate rate. 29. ANNUAL LEAVE 35
29.1 The provision of annual leave under this agreement shall be in accordance with
the National Employment Standards (NES).
29.2 Method of taking leave
(a) Either 28 consecutive days, or two separate periods of not less than seven
consecutive days in all cases exclusive of any public holidays will be given
and taken within six months from the date when the right to annual leave
accrued. The employer and employee will seek to reach agreement on the
taking of annual leave at a mutually convenient time(s). If not taken within six
months from the date it accrued, either the employer or employee may give
at least four weeks' notice of the dates when all, or part of the accrued leave
will be taken.
(b) Where an employee requests that leave be allowed in one continuous
period such request will not be unreasonably refused.
(c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in
accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth)
(d) In the circumstances where a public holiday falls within one day of a
weekend or another public holiday the provisions of 29.2(a) may be altered
by agreement between the employer and a majority of employees affected
under this Agreement to provide that a day of annual leave entitlement may
be granted on the day between the said public holidays and/or weekend if an
employee, or employer, requests it.
29.3 Leave allowed before due date
(a) An employer may allow an employee to take any amount of annual leave
before it becomes due. In such circumstances an employee cannot take
further leave in advance of their accrued balance until after the date the
employee becomes entitled to the leave that was taken in advance.
(b) Where an employer has allowed an employee to take annual leave
pursuant to 29.2(a) and the employee's services are terminated (for any
reason) prior to the date the employee becomes entitled to the leave that
was taken in advance, the employer may, for each complete week of the
qualifying period of service not served by the employee, deduct from
whatever remuneration is payable upon the termination of employment oneÂ
fifty second of the amount of wages paid on account of annual leave.
29.4 Payment for annual leave on termination
(a) Rate of pay:
36
29.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 29.2 Method of taking leave (a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays will be given and taken within six months from the date when the right to annual leave accrued. The employer and employee will seek to reach agreement on the taking of annual leave at a mutually convenient time(s). If not taken within six months from the date it accrued, either the employer or employee may give at least four weeks' notice of the dates when all, or part of the accrued leave will be taken. (b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) (d) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of 29.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it. 29.3 Leave allowed before due date (a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot take further leave in advance of their accrued balance until after the date the employee becomes entitled to the leave that was taken in advance. (b) Where an employer has allowed an employee to take annual leave pursuant to 29.2(a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one- fifty second of the amount of wages paid on account of annual leave. 29.4 Payment for annual leave on termination (a) Rate of pay: 36
Where an employee leaves or their employment is terminated, the employee
will be paid their accrued balance of annual leave.
(b) Annual leave loading:
In addition, the employee will receive a loading of 17.5% calculated on the
rates, prescribed by Appendix's Rates of Pay.
29.5 Payment for periods of leave
(a) Payment in advance
An employee, before going on annual leave, will be paid in advance at their
current weekly wage rate (including leading hand allowance, if applicable) for
the period of annual leave.
(b) Annual leave loading
In addition, during a period of annual leave an employee will receive a
loading of 17.5 percent calculated on the hourly rate in Appendix I
29.6 Annual close down
Despite anything contained in this agreement an employer giving any leave in
conjunction with the Christmas - New Year holidays may either:
(i) Stand off without pay during the period of leave any employee who has not
yet qualified under 29.1, or
(ii) Where the employer decides to close down an establishment at the
Christmas - New Year period for the purpose of giving the whole of the
annual leave due to all, or the majority of employees qualified for such
leave, the employee will give at least two months' notice to employees of
their intention so to do.
29. 7 Commencement of leave - distant jobs
If an employee is still engaged on a distant job when annual leave is granted and
the employee returns to the place of engagement, or, if employed prior to going
to the distant job, the place regarded as their headquarters, by the first
reasonable means of transport, their annual leave will commence on the first full
working day following their return to such place of engagement or headquarters
as the case may be.
30. PERSONAL LEA VE
30.1 The provisions of personal leave under this agreement shall be in accordance with
the National Employment Standards (NES).
37
Where an employee leaves or their employment is terminated, the employee will be paid their accrued balance of annual leave. (b) Annual leave loading: In addition, the employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix's Rates of Pay. 29.5 Payment for periods of leave (a) Payment in advance An employee, before going on annual leave, will be paid in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave. (b) Annual leave loading In addition, during a period of annual leave an employee will receive a loading of 17.5 percent calculated on the hourly rate in Appendix I 29.6 Annual close down Despite anything contained in this agreement an employer giving any leave in conjunction with the Christmas - New Year holidays may either: (i) Stand off without pay during the period of leave any employee who has not yet qualified under 29.1, or (ii) Where the employer decides to close down an establishment at the Christmas - New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of employees qualified for such leave, the employee will give at least two months' notice to employees of their intention so to do. 29.7 Commencement of leave - distant jobs If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or, if employed prior to going to the distant job, the place regarded as their headquarters, by the first reasonable means of transport, their annual leave will commence on the first full working day following their return to such place of engagement or headquarters as the case may be. 30. PERSONAL LEAVE 30.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). 37
Paid personal leave will be available to an employee when they are absent due to:
(i) personal illness or injury (sick leave); or
(ii) providing care or support to a member of the employee's immediate family or
a member of the employee's household who requires care or support because
of:
• a personal illness or injury, or
• an unexpected emergency affecting the employee (carer's leave).
30.2 The amount of personal leave to which an employee is entitled is as follows:
(a) One day in the first month and then one additional day at the beginning of
each of the next nine calendar months, will be available in the first year of
employment, and
(b) Ten days at the beginning of the employee's second and each subsequent
year which, subject to 30.5 will commence on the anniversary of engagement.
(c) An employee's personal leave entitlement is the current year's personal leave
plus any accumulated personal leave available to the employee.
30.3 In any year unused personal leave accumulates at the rate of the lesser of:
(a) Ten days less the number of sick leave and carer's leave days taken from the
current year's personal leave entitlements;
(b) The balance of that year's unused personal leave.
30.4 Personal leave accumulates from year to year.
30.5 If an employee is terminated by the employer and is re-engaged within a period of
six months then the employee's unclaimed balance of personal leave will continue
from the date of re-engagement.
30.6 In such a case the employee's next year of service will commence after a total of
twelve months has been served with the employer (excluding the period of
interruption in service) since either:
(a) The employee was first engaged, or
(b) The anniversary of their original engagement as appropriate.
30.7 Immediate family or household
38
Paid personal leave will be available to an employee when they are absent due to: (i) personal illness or injury (sick leave); or (ii) providing care or support to a member of the employee's immediate family or a member of the employee's household who requires care or support because of: · a personal illness or injury, or · an unexpected emergency affecting the employee (carer's leave). 30.2 The amount of personal leave to which an employee is entitled is as follows: (a) One day in the first month and then one additional day at the beginning of each of the next nine calendar months, will be available in the first year of employment, and (b) Ten days at the beginning of the employee's second and each subsequent year which, subject to 30.5 will commence on the anniversary of engagement. (c) An employee's personal leave entitlement is the current year's personal leave plus any accumulated personal leave available to the employee. 30.3 In any year unused personal leave accumulates at the rate of the lesser of: (a) Ten days less the number of sick leave and carer's leave days taken from the current year's personal leave entitlements; (b) The balance of that year's unused personal leave. 30.4 Personal leave accumulates from year to year. 30.5 If an employee is terminated by the employer and is re-engaged within a period of six months then the employee's unclaimed balance of personal leave will continue from the date of re-engagement. 30.6 In such a case the employee's next year of service will commence after a total of twelve months has been served with the employer (excluding the period of interruption in service) since either: (a) The employee was first engaged, or (b) The anniversary of their original engagement as appropriate. 30.7 Immediate family or household 38 ...
(a) The entitlement to use personal leave for the purpose of carer's or
bereavement leave is subject to the person in respect of whom the leave is
being taken being either:
(i) a member of the employee's immediate family; or
(ii) a member of the employee's household
(b) The term immediate family includes:
(i) spouse (including a former spouse, a de facto spouse and a former de facto
spouse) of the employee. A de facto spouse means a person of the same or
opposite sex to the employee who lives with the employee as husband or wife
on a bona tide domestic basis; and
(ii)child or an adult child (including an adopted child, a stepchild or an ex-nuptial
child), parent, grandparent, grandchild or sibling of the employee or spouse of
the employee.
30.8 Sick leave
The provision of sick leave under this agreement shall be in accordance with the
National Employment Standards (NES).
30.9 Carer's leave
The provision of carer's leave under this agreement shall be in accordance with
the National Employment Standards (NES).
31. COMPASSIONATE LEAVE
The provision of Compassionate leave under this agreement shall be in
accordance with the National Employment Standards (NES).
32. PARENTAL LEAVE
The provision of parental leave under this agreement shall be in accordance with
the National Employment Standards (NES).
33. WORK HEAL TH AND SAFETY & DISPUTES SETTLING PROCEDURE
The parties to this Agreement commit themselves to the establishment and
maintenance of a safe and healthy working environment, in accordance with the
Work Health and Safety Act 2011.
33.1 Resolving Health and Safety Issues
39
(a) The entitlement to use personal leave for the purpose of carer's or bereavement leave is subject to the person in respect of whom the leave is being taken being either: (i) a member of the employee's immediate family; or (ii) a member of the employee's household (b) The term immediate family includes: (i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the same or opposite sex to the employee who lives with the employee as husband or wife on a bona fide domestic basis; and (ii) child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 30.8 Sick leave The provision of sick leave under this agreement shall be in accordance with the National Employment Standards (NES). 30.9 Carer's leave The provision of carer's leave under this agreement shall be in accordance with the National Employment Standards (NES). 31. COMPASSIONATE LEAVE The provision of Compassionate leave under this agreement shall be in accordance with the National Employment Standards (NES). 32. PARENTAL LEAVE The provision of parental leave under this agreement shall be in accordance with the National Employment Standards (NES). 33. WORK HEALTH AND SAFETY & DISPUTES SETTLING PROCEDURE The parties to this Agreement commit themselves to the establishment and maintenance of a safe and healthy working environment, in accordance with the Work Health and Safety Act 2011. 33.1 Resolving Health and Safety Issues 39
a) When a health and safety issues arise, the matter should be referred to
the Employer's safety representative or supervisor. The supervisor shall
discuss the matter with the person and the elected employee Health &
Safety Representative (HSR) (if on site) with a view to agreeing on a safe
working procedure to minimise and eliminate where possible the risk of
injury or disease.
b) Where the supervisor or the HSR reasonably consider there is an
immediate risk to the health and safety of any person they must
immediately consult, and if the concern remains unresolved, they may,
jointly or singularly, direct that work in that particular area, or by that
particular method, cease (immediate risk means that there is a degree of
danger which is likely to cause injury or disease before the risk can be
eliminated).
c) Work in the affected area(s) shall cease and employees shall be
relocated to work in alternative safe areas where work is available in their
classification.
d) Employees may be relocated to other job sites where there is safe work
available in their classification.
e} Where there is no work available for the particular employees, they shall
remain on site and make themselves readily available for resumption of
work without loss of pay. Failure to do so shall negate any claim for
payment. Provided that the Employer will not unreasonably require
employees to remain for an unreasonable time period where there is no
reasonable prospect of a resumption of work that day.
f) Where work in an affected area has ceased in accordance with this
clause, the Employer may require particular employees to perform
rectification work in the affected area, where such rectification work is of
the same type as the employee's trade including housekeeping in their
particular work area. For clarity, this does not include dewatering. Those
employees who remain on site to perform rectification work will be paid
overtime rates during the period in which they perform the rectification
work.
g} At all times, the elected employee HSR may seek the assistance of a
Representative in accordance with the applicable legislation, and the
supervisor may also seek advice or assistance.
h) Where the supervisor and the employee HSR cannot agree on a
procedure, either party may call in a Safe work Inspector, who may
provide advice on the proposed procedure.
i} The supervisor and the employee HSR shall agree on the best method of
rectifying the problem.
j) At all times, employees must not work in situations where there is a
genuine risk to their health and safety.
40
a) When a health and safety issues arise, the matter should be referred to the Employer's safety representative or supervisor. The supervisor shall discuss the matter with the person and the elected employee Health & Safety Representative (HSR) (if on site) with a view to agreeing on a safe working procedure to minimise and eliminate where possible the risk of injury or disease. b) Where the supervisor or the HSR reasonably consider there is an immediate risk to the health and safety of any person they must immediately consult, and if the concern remains unresolved, they may, jointly or singularly, direct that work in that particular area, or by that particular method, cease (immediate risk means that there is a degree of danger which is likely to cause injury or disease before the risk can be eliminated). c) Work in the affected area(s) shall cease and employees shall be relocated to work in alternative safe areas where work is available in their classification. d) Employees may be relocated to other job sites where there is safe work available in their classification. e) Where there is no work available for the particular employees, they shall remain on site and make themselves readily available for resumption of work without loss of pay. Failure to do so shall negate any claim for payment. Provided that the Employer will not unreasonably require employees to remain for an unreasonable time period where there is no reasonable prospect of a resumption of work that day. f) Where work in an affected area has ceased in accordance with this clause, the Employer may require particular employees to perform rectification work in the affected area, where such rectification work is of the same type as the employee's trade including housekeeping in their particular work area. For clarity, this does not include dewatering. Those employees who remain on site to perform rectification work will be paid overtime rates during the period in which they perform the rectification work. g) At all times, the elected employee HSR may seek the assistance of a Representative in accordance with the applicable legislation, and the supervisor may also seek advice or assistance. h) Where the supervisor and the employee HSR cannot agree on a procedure, either party may call in a Safe work Inspector, who may provide advice on the proposed procedure. i) The supervisor and the employee HSR shall agree on the best method of rectifying the problem. j) At all times, employees must not work in situations where there is a genuine risk to their health and safety. 40
k) A dispute relating to the subject matter of this clause may be dealt with
via the dispute resolution procedure below.
33.2 Resolving Other Issues
34.
34.1
34.2
a) Where a dispute arises over permitted matters (as currently defined in
the Fair Work Act), the application of this Agreement or the NES, the
matter shall be first submitted by the Union, employee or Employee
Representative (if any) to the supervising officer or another appropriate
manager, or vice versa. If not settled, the matter may be referred to more
senior persons.
b) While this procedure is being followed the status quo that existed
immediately prior to the events that gave rise to the dispute will remain
and, subject to this, work shall continue normally where it is agreed that
there is an existing custom and practice, but in other cases the work shall
continue at the instruction of the Employer. Failure to continue shall be a
breach of the Agreement.
INCLEMENT WEATHER
Inclement weather will mean the existence of abnormal climatic conditions
such as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme
of high temperature of 35 degrees or the like (or any combination of these)
during which it is either not reasonable or not safe for employees exposed
thereto to continue working.
Process to be followed:
• Employees or their representative may request to meet with the employer or
their representative for the purposes of determining whether or not
conditions are inclement. Such meeting shall occur within 30 minutes of the
scheduled starting time or the weather becoming inclement;
• Employees are required to remain on the site until this meeting has occurred
and a decision has been made; and
• If the employer refuses to meet within this time, employees will be entitled to
cease work for the rest of the day and be paid in accordance with this
clause.
34.3 Once the meeting has occurred, the following shall apply:
Transfers
41
k) A dispute relating to the subject matter of this clause may be dealt with via the dispute resolution procedure below. 33.2 Resolving Other Issues a) Where a dispute arises over permitted matters (as currently defined in the Fair Work Act), the application of this Agreement or the NES, the matter shall be first submitted by the Union, employee or Employee Representative (if any) to the supervising officer or another appropriate manager, or vice versa. If not settled, the matter may be referred to more senior persons. b) While this procedure is being followed the status quo that existed immediately prior to the events that gave rise to the dispute will remain and, subject to this, work shall continue normally where it is agreed that there is an existing custom and practice, but in other cases the work shall continue at the instruction of the Employer. Failure to continue shall be a breach of the Agreement. 34. INCLEMENT WEATHER 34.1 Inclement weather will mean the existence of abnormal climatic conditions such as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme of high temperature of 35 degrees or the like (or any combination of these) during which it is either not reasonable or not safe for employees exposed thereto to continue working. 34.2 Process to be followed: · Employees or their representative may request to meet with the employer or their representative for the purposes of determining whether or not conditions are inclement. Such meeting shall occur within 30 minutes of the scheduled starting time or the weather becoming inclement; · Employees are required to remain on the site until this meeting has occurred and a decision has been made; and . If the employer refuses to meet within this time, employees will be entitled to cease work for the rest of the day and be paid in accordance with this clause. 34.3 Once the meeting has occurred, the following shall apply: Transfers 41
34.4 Employees may be transferred to an area or site not affected by inclement
weather if useful work that is within the scope of the employees' skill,
competence and training consistent with the classification structure of this
agreement is available at that site, provided:
• a covered walkway and or adequate protection for the employee and their
tools has been provided to access the new site or to access vehicles to
transport the employees to the new site;
• the new site is under cover and the employees can get to the dry area
without going through the rain;
• adequate protection for the employee's tools is provided; and
• Employees have access to all amenities without having to walk through the
rain.
34.5 Where an employee is required to transfer from one site to another, they will be
reimbursed the cost of transport at the rate of $0.78 per kilometer.
Remaining on Site
34.6 Where, because of inclement weather, the employees are prevented from
working and have been sitting in the sheds for:
• more than an accumulated total of 4 hours of ordinary time in any 1 day; or
• more than 50 percent of the normal afternoon work time after the meal
break; or
• more than 50 percent of the normal afternoon work time after the meal
break; or
• more than an accumulated total of one hour during the final 2 hours of the
normal workday; or
• the reason that they are unable to access the amenities.
34.7 Employees will be entitled to cease work and leave the site for the day and shall
be paid in accordance with this clause.
Rain at Starting Time or During Breaks
34.8 When the employees are in the sheds, be it at starting time, break time or lunch
time, and it is raining, they are to remain in the sheds.
34.9 Employees may be required to go to work in a dry area or be transferred to
another site that is not affected by the inclement weather provided:
• a covered walkway and or adequate protection for the employee and their
tools has been provided;
• the sheds are under cover and the employees can get to the dry area without
42
34.4 Employees may be transferred to an area or site not affected by inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site, provided: · a covered walkway and or adequate protection for the employee and their tools has been provided to access the new site or to access vehicles to transport the employees to the new site; the new site is under cover and the employees can get to the dry area without going through the rain; · adequate protection for the employee's tools is provided; and · Employees have access to all amenities without having to walk through the rain. 34.5 Where an employee is required to transfer from one site to another, they will be reimbursed the cost of transport at the rate of $0.78 per kilometer. Remaining on Site 34.6 Where, because of inclement weather, the employees are prevented from working and have been sitting in the sheds for: · more than an accumulated total of 4 hours of ordinary time in any 1 day; or . more than 50 percent of the normal afternoon work time after the meal break; or . more than 50 percent of the normal afternoon work time after the meal break; or . more than an accumulated total of one hour during the final 2 hours of the normal workday; or . the reason that they are unable to access the amenities. 34.7 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. Rain at Starting Time or During Breaks 34.8 When the employees are in the sheds, be it at starting time, break time or lunch time, and it is raining, they are to remain in the sheds. 34.9 Employees may be required to go to work in a dry area or be transferred to another site that is not affected by the inclement weather provided: . a covered walkway and or adequate protection for the employee and their tools has been provided; . the sheds are under cover and the employees can get to the dry area without 42
going through the rain; and
• Employees have access to all amenities.
Employees Required to Work in Inclement Weather
34. 10 The employer may only request an employee work in inclement weather in the
event of an emergency or issue affecting health and safety on site. Employees are
only obliged to perform such work as is essential to overcome the emergency and
to restore an acceptable service and/or to secure or make safe as circumstances
require. Employees engaged on such work will be paid at the rate of double time.
34.11 Where the employer requires an employee to work in inclement weather, the
employee will be reimbursed in full the cost of appropriate protective clothing,
except where the employer provides such protective clothing.
34.12 If the employee's clothing becomes wet as a result of working in wet weather and
they do not have a change of dry work clothes, they will be entitled, at the
completion of the work, to cease work for the day without loss of pay.
Entitlement to Payments
34.13 Should employees be sent home or not required to attend work due to inclement
weather they shall be entitled to payment by their employer for ordinary time lost
for up to, but not more than 32 hours in every period of 4 weeks.
34.14 The following conditions will apply:
• The first period will commence on the first Monday on or after the 1 January
each year, and subsequent periods will commence at four weekly periods
thereafter;
• The employee will be credited with 32 hours at the commencement of each
four-weekly period. Hours will not accumulate or be carried over;
• When an employee commences employment during a four-weekly period, they
will be credited eight hours for each week, or part of a week, that they are
employed during the four-weekly period; and
• The number of hours credited to an employee will be reduced by the number of
hours for which payment is made.
34.15 Payment under this clause will be weekly.
35. PROTECTIVE CLOTHING
35.1 Within 152 Hours worked, all new employees will receive the following Protective
Clothing:
(a) Two (2) Long Sleeve or Short Sleeve Shirts
(b) Two (2) Pairs of Trousers or Shorts or Overalls
43
going through the rain; and · Employees have access to all amenities. Employees Required to Work in Inclement Weather 34.10 The employer may only request an employee work in inclement weather in the event of an emergency or issue affecting health and safety on site. Employees are only obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make safe as circumstances require. Employees engaged on such work will be paid at the rate of double time. 34.11 Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing. 34.12 If the employee's clothing becomes wet as a result of working in wet weather and they do not have a change of dry work clothes, they will be entitled, at the completion of the work, to cease work for the day without loss of pay. Entitlement to Payments 34.13 Should employees be sent home or not required to attend work due to inclement weather they shall be entitled to payment by their employer for ordinary time lost for up to, but not more than 32 hours in every period of 4 weeks. 34.14 The following conditions will apply: · The first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter; . The employee will be credited with 32 hours at the commencement of each four-weekly period. Hours will not accumulate or be carried over; · When an employee commences employment during a four-weekly period, they will be credited eight hours for each week, or part of a week, that they are employed during the four-weekly period; and · The number of hours credited to an employee will be reduced by the number of hours for which payment is made. 34.15 Payment under this clause will be weekly. 35. PROTECTIVE CLOTHING 35.1 Within 152 Hours worked, all new employees will receive the following Protective Clothing: (a) Two (2) Long Sleeve or Short Sleeve Shirts (b) Two (2) Pairs of Trousers or Shorts or Overalls 43
(c) One (1) Pair Boots to the value of up to $125.00
( d) One ( 1) Jacket
35.2 Protective Clothing shall be replaced on a fair wear and tear basis.
35.3 The protective clothing detailed above shall be divided into two issues and
distributed to employees as a summer and winter issue.
35.4 Where an employee is required to wear protective clothing other than that
provided for above and/or use protective equipment as stipulated by an
applicable law, the employer must reimburse the employee for the cost of such
protective clothing and/or equipment. This will not apply where the clothing
and/or equipment is paid for by the employer.
35.5 The clothing detailed above can be varied following agreement between the
employer and the consultative committee.
36 COMPENSATION FOR TOOLS AND CLOTHING
36.1 An employee whose clothes, spectacles, hearing aid, or tools have been
accidentally spoilt by acid, sulphur or other substances will be paid such amount
to cover the loss as may be agreed upon with their employer.
36.2 An employee will be reimbursed by the employer to a maximum of $1500 for loss
of tools or clothing by fire or breaking and entering whilst securely stored at the
employer's direction in a room or building on the employer's premises, job or
workshop or if the tools are lost or stolen while being transported by the
employee at the employers' direction, or if the tools are accidentally lost over
water or if tools are lost or stolen during an employee's absence after leaving the
job because of injury or illness. An employee transporting their own tools will
take all reasonable care to protect those tools and prevent theft or loss.
36.3 Where an employee is absent from work because of illness or accident and has
advised the employer in accordance with clause 30 - Personal leave, the
employer will ensure that the employee's tools are securely stored during his/her
absence. In the event that these tools are lost or stolen, clause 36.2 applies.
36.4 When the employer requires an employee to wear spectacles with toughened
glass lenses the employer will pay for the toughening process or the cost of the
new lenses.
36.5 For the purposes of this clause:
(a) Only tools used by the employee in the course of their employment will be
covered by this clause. In that regard a list of tools appropriate for this
purpose is contained at Appendix 5.
(b) The employee will, if requested to do so, furnish the employer with a list of
tools so used.
44
(c) One (1) Pair Boots to the value of up to $125.00 (d) One (1) Jacket 35.2 Protective Clothing shall be replaced on a fair wear and tear basis. 35.3 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 35.4 Where an employee is required to wear protective clothing other than that provided for above and/or use protective equipment as stipulated by an applicable law, the employer must reimburse the employee for the cost of such protective clothing and/or equipment. This will not apply where the clothing and/or equipment is paid for by the employer. 35.5 The clothing detailed above can be varied following agreement between the employer and the consultative committee. 36 COMPENSATION FOR TOOLS AND CLOTHING 36.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss as may be agreed upon with their employer. 36.2 An employee will be reimbursed by the employer to a maximum of $1500 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or if the tools are lost or stolen while being transported by the employee at the employers' direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 36.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 30 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 36.2 applies. 36.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 36.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained at Appendix 5. (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. 44
37.
(c) Reimbursement will be at the current replacement value of new tools of the
same or comparable quality.
(d) The employee will report any theft to the company and the police prior to
making a claim on the employer for replacement of stolen tools.
PRESENTING FOR WORK BUT NOT REQUIRED
An employee, if engaged and presenting for work to commence employment and not
being required will be entitled to at least eight hours' work or payment therefore at
ordinary rates, plus the appropriate allowance prescribed by clause 14 - Travel
Allowance. This clause will not apply if the services of an employee are not required
by reason of inclement weather in which case the provisions of clause 35 - Inclement
Weather, will apply.
38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
38.1 This clause applies to all employees, including casuals.
38.2 Definitions:
In this clause:
Family and domestic violence means violent, threatening or other abusive
behaviour by a family member of an employee that seeks to coerce or control the
employee and that causes them harm or to be fearful.
Family Member Means:
(i) a spouse, de facto partner, child, parent, grandparent, grandchild or
sibling of the employee; or
(ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto
partner of the employee; or
(iii) a person related to the employee according to Aboriginal or Torres Strait
Islander kinship rules.
A reference to a spouse or de facto partner in the definition of family member in
clause 38.2(a) includes a former spouse or de facto partner.
38.3 Entitlement To Unpaid Leave
45
(c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the company and the police prior to making a claim on the employer for replacement of stolen tools. 37. PRESENTING FOR WORK BUT NOT REQUIRED An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours' work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by clause 14 - Travel Allowance. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of clause 35 - Inclement Weather, will apply. 38. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 38.1 This clause applies to all employees, including casuals. 38.2 Definitions: In this clause: Family and domestic violence means violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful. Family Member Means: (i) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or (ii) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules. A reference to a spouse or de facto partner in the definition of family member in clause 38.2(a) includes a former spouse or de facto partner. 38.3 Entitlement To Unpaid Leave 45
An employee is entitled to 5 days' unpaid leave to deal with family and domestic
violence, as follows:
(a) the leave is available in full at the start of each 12 month period of the
employee's employment; and
(b) the leave does not accumulate from year to year; and
(c) is available in full to part-time and casual employees.
Note:
1. A period of leave to deal with family and domestic violence may be less
than a day by agreement between the employee and the employer.
2. The employer and employee may agree that the employee may take
more than 5 days' unpaid leave to deal with family and domestic violence.
38.4 Taking Unpaid Leave
An employee may take unpaid leave to deal with family and domestic violence if
the employee:
(a) is experiencing family and domestic violence; and
(b) needs to do something to deal with the impact of the family and domestic
violence and it is impractical for the employee to do that thing outside their
ordinary hours of work.
Note: The reasons for which an employee may take leave include making
arrangements for their safety or the safety of a family member (including
relocation), attending urgent court hearings, or accessing police services.
38.5 Service And Continuity
The time an employee is on unpaid leave to deal with family and domestic
violence does not count as service but does not break the employee's continuity
of service.
38.6 Notice And Evidence Requirements
(a) Notice An employee must give their employer notice of the taking of leave
by the employee under clause 38. The notice:
(i) must be given to the employer as soon as practicable (which may be a
time after the leave has started); and
(ii) must advise the employer of the period, or expected period, of the leave.
46
An employee is entitled to 5 days' unpaid leave to deal with family and domestic violence, as follows: (a) the leave is available in full at the start of each 12 month period of the employee's employment; and (b) the leave does not accumulate from year to year; and (c) is available in full to part-time and casual employees. Note: 1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer. 2. The employer and employee may agree that the employee may take more than 5 days' unpaid leave to deal with family and domestic violence. 38.4 Taking Unpaid Leave An employee may take unpaid leave to deal with family and domestic violence if the employee: (a) is experiencing family and domestic violence; and (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work. Note: The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation), attending urgent court hearings, or accessing police services. 38.5 Service And Continuity The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee's continuity of service. 38.6 Notice And Evidence Requirements (a) Notice An employee must give their employer notice of the taking of leave by the employee under clause 38. The notice: (i) must be given to the employer as soon as practicable (which may be a time after the leave has started); and (ii) must advise the employer of the period, or expected period, of the leave. 46
(b) Evidence
An employee who has given their employer notice of the taking of leave under
clause 38 must, if required by the employer, give the employer evidence that
would satisfy a reasonable person that the leave is taken for the purpose
specified in clause 38.4.
38.7 Note:
Depending on the circumstances such evidence may include a document issued
by the police service, a court or a family violence support service, or a statutory
declaration.
38.8 Confidentiality
39.
39.1
39.2
Employers must take steps to ensure information concerning any notice an
employee has given, or evidence an employee has provided under clause
38.6 is treated confidentially, as far as it is reasonably practicable to do so.
Nothing in clause 38 prevents an employer from disclosing information provided
by an employee if the disclosure is required by an Australian law or is necessary
to protect the life, health or safety of the employee or another person.
Note: Violence is sensitive and if mishandled can have adverse consequences
for the employee. Employers should consult with such employees regarding the
handling of this information.
Compliance
An employee is not entitled to take leave under clause 38 unless the employee
complies with clause 38.
DISPUTES SETTLEMENT PROCEDURES
A major objective of this Agreement is to eliminate lost time and/or production
arising out of disputes or grievances. Disputes over any work related or industrial
matter or any matters arising out of the operation of the Agreement or disputes
concerning the National Employment Standards or incidental to the operation of
the Agreement should be dealt with as close to its source as possible. Disputes
over matters arising from this Agreement or disputes concerning the National
Employment Standards (or any other dispute related to the employment
relationship) shall be dealt with according to the following procedure.
In the event of any work-related grievance arising between the Enterprise and an
employee or employees, the matter shall be dealt with in the following manner
where at each step an employee may be represented including for the purposes
of a formal determination procedure by the Fair Work Commission:
47
(b) Evidence An employee who has given their employer notice of the taking of leave under clause 38 must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 38.4. 38.7 Note: Depending on the circumstances such evidence may include a document issued by the police service, a court or a family violence support service, or a statutory declaration. 38.8 Confidentiality Employers must take steps to ensure information concerning any notice an employee has given, or evidence an employee has provided under clause 38.6 is treated confidentially, as far as it is reasonably practicable to do so. Nothing in clause 38 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life, health or safety of the employee or another person. Note: Violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. Compliance An employee is not entitled to take leave under clause 38 unless the employee complies with clause 38. 39. DISPUTES SETTLEMENT PROCEDURES 39.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or disputes concerning the National Employment Standards or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement or disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure. 39.2 In the event of any work-related grievance arising between the Enterprise and an employee or employees, the matter shall be dealt with in the following manner where at each step an employee may be represented including for the purposes of a formal determination procedure by the Fair Work Commission: 47
(a) The matter shall be first submitted by the employee/s or his/her employee
representative or other representative to the site foreperson, supervisor or
the other appropriate site representative of the Enterprise, and if not
settled, to a more senior Enterprise representative.
(b) Alternatively, the Enterprise may submit an issue to the employee/s who
may seek the assistance and involvement of the employee representative
or other representative.
(c) Work shall continue without interruption from industrial stoppages, bans
and/or limitations while these procedures are being followed. The preÂ
dispute status quo shall prevail while the matter is being dealt with in
accordance with this procedure.
(d) If still not resolved, there may be discussions between the relevant
Employee Representative official (if requested by the employee/s), or other
representative of the employee, and senior Enterprise representative.
(e) The relevant Employee Representative commits to make him/herself
available to be involved at any stage of the procedure as required, or in
respect of any potential dispute.
(f) Either party may, refer the matter to the Fair Work Commission (FWC) for
review. The FWC may exercise its conciliation and/or arbitration powers in
such review.
39.3 This procedure shall be followed in good faith without unreasonable delay.
39.4 If any party fails or refuses to follow any step of this procedure the nonÂ
breaching party will not be obligated to continue through the remaining steps of
the procedure and may immediately seek relief by application to the FWC.
39.5 Conciliation
(a) The person(s) who raised the dispute, or his or her expressly
nominated representative (organisation or agent), may refer the dispute
to the FWC for private conciliation.
(b) Before the process commences the FWC may confer with the parties
informally about matters of procedure, such as:
i. the presentation of each side's position (whether oral or in writing);
ii. confidentiality requirements;
iii. representation at the private conciliation;
iv. timing, location and duration of the conciliation;
-t8
(a) The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Enterprise, and if not settled, to a more senior Enterprise representative. (b) Alternatively, the Enterprise may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative. (c) Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre- dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. (d) If still not resolved, there may be discussions between the relevant Employee Representative official (if requested by the employee/s), or other representative of the employee, and senior Enterprise representative. (e) The relevant Employee Representative commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute. (f) Either party may, refer the matter to the Fair Work Commission (FWC) for review. The FWC may exercise its conciliation and/or arbitration powers in such review. 39.3 This procedure shall be followed in good faith without unreasonable delay. 39.4 If any party fails or refuses to follow any step of this procedure the non- breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to the FWC. 39.5 Conciliation (a) The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the FWC for private conciliation. (b) Before the process commences the FWC may confer with the parties informally about matters of procedure, such as: i. the presentation of each side's position (whether oral or in writing); ii. confidentiality requirements; iii. representation at the private conciliation; iv. timing, location and duration of the conciliation; 48
v. whether a telephone conference is all that is needed in the first
instance; and
vi. any further particulars about the FWC's role in relation to establishing
procedures.
(c) Subject to the preceding clause, it is agreed that the FWC will
observe confidentiality about all aspects of the dispute, and,
consistent with its expected role to this point, may do such things as:
i. help the parties identify and define the matters in dispute;
ii. help the parties to develop a procedure which is aimed at achieving
resolution of the dispute quickly, fairly and cost-effectively;
iii. where appropriate, suggest particular dispute resolution techniques for
individual issues aimed at narrowing the matters in dispute quickly,
fairly and cost-effectively; and
iv. act as the facilitator of direct negotiations between the parties.
(d) The parties further agree that during the conciliation, the FWC may, at its
discretion, discuss the matter(s) in dispute privately with any of the parties
to the dispute or their representatives. The FWC shall keep confidential the
content of any such discussion and shall not expressly or impliedly convey
the content of such discussion (or part thereof) unless specifically
authorised to do so.
(e) If the FWC is of the view that having completed the above process the
matter(s) in dispute remains unresolved, it may:
i. make suggestions for resolution of the dispute;
ii. express opinions as to what would constitute a reasonable resolution of
the dispute, or any part thereof; or
iii. if the matter in dispute is not resolved, it may within seven (7) days of
notice of termination provide a written report to the parties expressing
the FWC's opinion of what would constitute a reasonable resolution of
the dispute, or any part thereof.
(f) Any function performed by the FWC in this regard is advisory only and is
not binding upon the parties.
39.6 Formal Determination
(a) If the matter(s) in dispute remain unresolved the FWC may make a
formal determination.
49
v. whether a telephone conference is all that is needed in the first instance; and vi. any further particulars about the FWC's role in relation to establishing procedures. (c) Subject to the preceding clause, it is agreed that the FWC will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as: i. help the parties identify and define the matters in dispute; ii. help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively; iii. where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively; and iv. act as the facilitator of direct negotiations between the parties. (d) The parties further agree that during the conciliation, the FWC may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The FWC shall keep confidential the content of any such discussion and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so. (e) If the FWC is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may: i. make suggestions for resolution of the dispute; ii. express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or iii. if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the FWC's opinion of what would constitute a reasonable resolution of the dispute, or any part thereof. (f) Any function performed by the FWC in this regard is advisory only and is not binding upon the parties. 39.6 Formal Determination (a) If the matter(s) in dispute remain unresolved the FWC may make a formal determination. 49
(b) The FWC, in making its formal determination, will ensure that the formal
determination be consistent with the "Code for the Tendering and
Performance of Building Work 2016".
(c) The parties agree to abide by the determination.
(d) An employee/s may be represented for the purposes of a formal
determination procedure by the Fair Work Commission.
(e) Before making its determination the FWC will give the parties an
opportunity to be heard formally on the matter(s) in dispute. In making its
determination the FWC will only have regard to the materials, including
witness evidence, and submissions put before it at the hearing and will
disregard any admissions, concessions, offers or claims made in
mediation.
(f) The FWC can make and issue directions in relation to the process
leading to its determination and the parties will abide by those directions.
(g) The FWC will provide the determination in writing to the parties as
quickly as practicable after hearing the parties. A determination of the
disputed matter or matters will not constitute an order by the FWC under
the Fair Work Act 2009.
39.7 This procedure shall be followed in good faith without unreasonable delay.
39.8 If any party fails or refuses to follow any step of this procedure the non-breaching
party will not be obligated to continue through the remaining steps of the
procedure and may immediately seek relief by application to the FWC.
40. ANTI-DISCRIMINATION
40.1 It is the intention of the parties to this Agreement to achieve the principal object in
s3 (e) of the Fair Work Act 2009 through respecting and valuing the diversity of
the workforce by helping to prevent and eliminate discrimination on the basis of
race, colour, sex preference, age, physical or mental disability, marital status,
family responsibilities, pregnancy, religion, political opinion, national extraction or
social origin.
40.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause,
the respondents must make every endeavour to ensure that neither the
agreement provisions nor their operation are directly or indirectly discriminatory in
their effects.
50
(b) The FWC, in making its formal determination, will ensure that the formal determination be consistent with the "Code for the Tendering and Performance of Building Work 2016". (c) The parties agree to abide by the determination. (d) An employee/s may be represented for the purposes of a formal determination procedure by the Fair Work Commission. (e) Before making its determination the FWC will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWC will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation. (f) The FWC can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions. (g) The FWC will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWC under the Fair Work Act 2009. 39.7 This procedure shall be followed in good faith without unreasonable delay. 39.8 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to the FWC. 40. ANTI-DISCRIMINATION 40.1 It is the intention of the parties to this Agreement to achieve the principal object in s3 (e) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 40.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause, the respondents must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 50
40.3 Nothing in this clause is to be taken to affect any different treatment (or treatment
having different effects) which is specifically exempted under the Commonwealth
Anti-Discrimination Legislation;
41. POSTING OF AGREEMENT
A copy of this Agreement and the NES will be kept by the employer in a prominent
place on the employer's premises where it is readily accessible to employees.
42. WORKPLACE FLEXIBILITY
42.1 The terms of the Agreement may be varied by an individual flexibility
arrangement ("IFA").
42.2 The Employer will not make an IFA unless the following conditions are satisfied:
42.3 The IFA must be about matters that would be permitted matters if the
arrangement were an enterprise agreement;
42.4 The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement;
42.5 The IFA must be genuinely agreed to by the employer and the employee;
42.6 The IFA must result in the employee being better off overall than the employee
would have been if no individual flexibility arrangement were agreed to.
42. 7 The IFA must be able to be terminated:
42.8 by either the employee, or the employer, giving written notice of not more than
28 days; or
42.9 by the employee and the employer at any time if they agree, in writing, to the
termination.
42.10 The IFA must be in writing and signed:
42.11 in all cases by the employee and the employer; and
42.12 if the employee is under 18 by a parent or guardian of the employee; and
42.13 The IFA must be given to the employee within 14 days after it is agreed to.
43. MODEL CONSULTATION CLAUSE
43.1 This term applies if the employer:
51
40.3 Nothing in this clause is to be taken to affect any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth Anti-Discrimination Legislation; 41. POSTING OF AGREEMENT A copy of this Agreement and the NES will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employees. 42. WORKPLACE FLEXIBILITY 42.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 42.2 The Employer will not make an IFA unless the following conditions are satisfied: 42.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; 42.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; 42.5 The IFA must be genuinely agreed to by the employer and the employee; 42.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 42.7 The IFA must be able to be terminated: 42.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 42.9 by the employee and the employer at any time if they agree, in writing, to the termination. 42.10 The IFA must be in writing and signed: 42.11 in all cases by the employee and the employer; and 42.12 if the employee is under 18 by a parent or guardian of the employee; and 42.13 The IFA must be given to the employee within 14 days after it is agreed to. 43. MODEL CONSULTATION CLAUSE 43.1 This term applies if the employer: 51
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise
that is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours
of work of employees.
Major Change
43.2 For a major change referred to in paragraph 43.1 (a):
(a) the employer must notify the relevant employees of the decision to introduce
the major change; and
(b) subclauses 43.3 to 43.9 apply.
43.3 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.4 If:
(a) relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative; the employer must recognise the representative.
43.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse
effect of the change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.
52
(a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 43.2 For a major change referred to in paragraph 43.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 43.3 to 43.9 apply. 43.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.4 If: (a) relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 43.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employees: (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 52
43.6 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
43. 7 The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employees.
43.8 If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer,
the requirements set out in paragraph 43.2(a) and subclauses 43.3 and 43.5 are
taken not to apply.
43.9 In this term, a major change is likely to have a significant effect on employees if it
results in:
43.10
(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
For a change referred to in paragraph 43.1 (b):
(a) the employer must notify the relevant employees of the proposed change;
and •
(b) subclauses 43.11 to 43.15 apply.
43.11 The relevant employees may appoint a representative for the purposes of the
procedures in this term.
43.12 If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative;
the employer must recognise the representative.
53
43.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees. 43.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 43.2(a) and subclauses 43.3 and 43.5 are taken not to apply. 43.9 In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to Regular Roster or Ordinary Hours of Work 43.10 For a change referred to in paragraph 43.1(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses 43.11 to 43.15 apply. 43.11 The relevant employees may appoint a representative for the purposes of the procedures in this term. 43.12 If: (a) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 53
43.13 As soon as practicable after proposing to introduce the change, the employer
must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion-provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change;and
(ii) information about what the employer reasonably believes will be the effects
of the change on the employees; and
(iii) information about any other matters that the employer reasonably believes
are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the change
(including any impact in relation to their family or caring responsibilities).
43.14 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
43.15 The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employees.
43.16 In this term:
relevant employees mean the employees who may be affected by a change
referred to in subclause 43.1.
44. SHAM CONTRACTING
44.1 The parties to this Agreement acknowledge that sham contracting has the
potential to undermine fair employment practices, erode employee entitlements
and affect the job security of employees covered by this
Agreement. A sham contracting arrangement includes where an employer
attempts to disguise an employment relationship as an independent contracting
arrangement. This is usually done for the purposes of avoiding for employee
entitlements.
44.2 Sham contracting means sham arrangements as described in Part 3-1,
Division 6 of the Fair Work Act.
44.3 In this clause, "Sham Contracting" is where;
a) An employer employs, or proposes to employ, an individual, representing to
the individual that the contract of employment under which the individual is, or
would be, employed by the employer is a contract for services under which the
individual performs, or would perform, work as an independent contractor.
b) An employer dismisses, or threatens to dismiss, an individual who is an
employee of the employer and performs particular work for the employer in
54
43.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion-provide to the relevant employees: (i) all relevant information about the change, including the nature of the (ii) information about what the employer reasonably believes will be the effects change; and 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). 43.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees. 43.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees. 43.16 In this term: relevant employees mean the employees who may be affected by a change referred to in subclause 43.1. 44. SHAM CONTRACTING 44.1 The parties to this Agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this Agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 44.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 44.3 In this clause, "Sham Contracting" is where; a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in 54
order to engage the individual as an independent contractor to perform the
same, or substantially the same, work under a contract for services; or
c) An employer employs, or has at any time employed, an individual to perform
particular work makes a statement that the employer knows is false in order to
persuade or influence the individual to enter into a contract for services under
which the individual will perform, as an independent contractor, the same, or
substantially the same, work for the employer.
44.4 Clause 44.3a does not apply if the employer proves that, when the
representation was made, the employer did not know and was not reckless as to
whether the contract was a contract of employment rather than a contract for
services.
44.5 Any use of sham contracting is a breach of this agreement.
44.6 Where a sham contracting arrangement has been reasonably alleged and is
unable to be resolved at the workplace level, any party may refer the allegation
directly to the FWC for conciliation and/or resolution under clause 44.5 of this
agreement. All parties will cooperate with the requests of the FWC including
requests to provide substantiating information or undertaking an independent
audit of their arrangements. For the avoidance of doubt, an effected employee
may appoint a representative in relation to such matters.
44. 7 Where the sham contracting allegation exists on the employers' project or
workplace, the employer will make itself available to assist in the dispute
resolution procedure.
44.8 Where it is agreed or determined by the FWC that a sham contract was in place
and the person was in fact an employee under this agreement, the calculation for
backpay will be calculated on the basis of the hourly rate contained in this
agreement plus site allowance and an additional 85% loading to cover
entitlements other than CBUS and ACIRT. Any difference between the hourly
rate paid to the employee, plus CBUS and ACIRT will form the settlement for the
breach of this clause. The affected employee will be re-inducted and fully
informed of their entitlements under this agreement and the FWA.
44.9 The employer must ensure that a person engaged to undertake work as an
employee or as an independent contractor is lawfully entitled to be so engaged
under Australian law.
45. CODE COMPLIANCE / SEVERABILITY
In the event that a provision of this Agreement is deemed as being nonÂ
compliant with the Code, the parties will take all necessary and reasonable steps
to vary the Agreement so that the non-compliant provision of the Agreement is
Code compliant.
Actions taken by a party under this clause are not an extra claim.
55
order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 44.4 Clause 44.3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 44.5 Any use of sham contracting is a breach of this agreement. 44.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 44.5 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 44.7 Where the sham contracting allegation exists on the employers' project or workplace, the employer will make itself available to assist in the dispute resolution procedure. 44.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation for backpay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and ACIRT. Any difference between the hourly rate paid to the employee, plus CBUS and ACIRT will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 44.9 The employer must ensure that a person engaged to undertake work as an employee or as an independent contractor is lawfully entitled to be so engaged under Australian law. 45. CODE COMPLIANCE / SEVERABILITY In the event that a provision of this Agreement is deemed as being non- compliant with the Code, the parties will take all necessary and reasonable steps to vary the Agreement so that the non-compliant provision of the Agreement is Code compliant. Actions taken by a party under this clause are not an extra claim. 55
46.
Severability:
It is the intention of those covered by this Agreement that the Agreement
contains only permitted matters under the Fair Work Act 2009.
The severance of any term of this Agreement that is, in whole, or in part, of no
effect by virtue of the operation of s 253 of the Fair Work Act shall not be taken
to affect the binding force and effect of the remainder of the Agreement.
To the extent it is possible, all terms should be interpreted in a manner that
would make them permitted matters.
HEAT POLICY
The parties recognise the risk to worker health caused by exposure to high
temperatures in the work environment. To reduce the potential for heat
related illness, the parties agree to the following heat policy.
Workers should be alerted to possible extreme or excess heat conditions by
the Company, HSR and/or the WHS Committee before commencing work
or as soon as practicable after work commences.
Once the temperature reaches 35 degrees, there will be an orderly
cessation of work and preparations for safe completions of critical tasks
currently under way.
During periods of hot weather, if there are areas of the workplace that are
below 35°, work shall continue as normal. Workers will walk a reasonable
distance through the open to and from amenities, provided it does not pose
a serious threat to their health or safety.
46.1 Monitoring of Temperature
Temperatures shall be measured on site by a temperature gauge compliant
to Australian Standards and located as agreed by the HSR and the WHS
Committee.
Temperatures shall be monitored during the course of the day by the
Company and the HSR.
If gauges are not available - or malfunction, readings shall be taken from
the nearest
Bureau of Meteorology (BOM) weather station.
46.2 Humidity
Humidity creates a significant risk to workers' health and safety. Consultation
with workers must take place when humidity exceeds 75% to assess all risks
56
Severability: It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the Fair Work Act 2009. The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the Fair Work Act shall not be taken to affect the binding force and effect of the remainder of the Agreement. To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. 46. HEAT POLICY The parties recognise the risk to worker health caused by exposure to high temperatures in the work environment. To reduce the potential for heat related illness, the parties agree to the following heat policy. Workers should be alerted to possible extreme or excess heat conditions by the Company, HSR and/or the WHS Committee before commencing work or as soon as practicable after work commences. Once the temperature reaches 35 degrees, there will be an orderly cessation of work and preparations for safe completions of critical tasks currently under way. During periods of hot weather, if there are areas of the workplace that are below 35º, work shall continue as normal. Workers will walk a reasonable distance through the open to and from amenities, provided it does not pose a serious threat to their health or safety. 46.1 Monitoring of Temperature Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards and located as agreed by the HSR and the WHS Committee. Temperatures shall be monitored during the course of the day by the Company and the HSR. If gauges are not available - or malfunction, readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 46.2 Humidity Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks 56
associated with the work being performed. Things taken into account shall
include:
• Monitoring and improving air FLDw/ventilation;
• The health/medical conditions of individual workers;
• Rescheduling work so that tasks are performed in cooler, less humid
parts of the day;
• Job rotation to reduce the amount of direct exposure to humidity;
• Provision of_temporary shade and electric fans;
• Scheduled hourly drink breaks of approximately 5-10 minutes in shade;
• Provision of cool drinking water;
• Provision of extra and regular work breaks in cooler areas (i.e. AirÂ
conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision. •
46.3 Guide to Heat Stress symptoms
Heat illness covers a range of medical conditions that can arise when the body is
unable to properly cope with working in heat. These conditions include:
• Heat stroke - a life threatening condition that requires immediate first
aid and medical attention;
• Fainting;
• Heat exhaustion I fatigue;
• Heat cramps;
• Rashes (also called prickly heat) ; and
• Magnifying of pre-existing illnesses and conditions.
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or
weak. Clumsiness collapse and convulsions may also be experienced as a result
of heat illness. Workers with these signs or symptoms need to seek immediate
medical attention.
46.4 Control Measures
The following control measures shall be employed on site to prevent the effects
of Heat Stress:
• Workers shall have easy access to cool, clean drinking water;
• Caffeinated drinks should be avoided as they promote dehydration ;
• Mist busters will be deployed for dust suppression and aid in worker
comfort in earthworks zones;
• Physical activity/tasks reduced where possible;
• Rotation of workers;
• Work in cooler parts of the day;
• Utilise Shaded areas;
• Reduction of PPE, where permissible ;
• Wear light clothing under coveralls;
57
associated with the work being performed. Things taken into account shall include: · Monitoring and improving air FLDw/ventilation; · The health/medical conditions of individual workers; · Rescheduling work so that tasks are performed in cooler, less humid parts of the day; · Job rotation to reduce the amount of direct exposure to humidity; · Provision of temporary shade and electric fans; Scheduled hourly drink breaks of approximately 5-10 minutes in shade; Provision of cool drinking water; · Provision of extra and regular work breaks in cooler areas (i.e. Air- conditioned site sheds); · Use of mechanical aids to reduce physical exertion; and · Adequate supervision. 46.3 Guide to Heat Stress symptoms Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: Heat stroke - a life threatening condition that requires immediate first aid and medical attention; Fainting; . Heat exhaustion I fatigue; Heat cramps; . Rashes (also called prickly heat); and . Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 46.4 Control Measures The following control measures shall be employed on site to prevent the effects of Heat Stress: Workers shall have easy access to cool, clean drinking water; Caffeinated drinks should be avoided as they promote dehydration; Mist busters will be deployed for dust suppression and aid in worker comfort in earthworks zones; Physical activity/tasks reduced where possible; Rotation of workers; Work in cooler parts of the day; Utilise Shaded areas; Reduction of PPE, where permissible; . Wear light clothing under coveralls; 57
• Individuals should seek medical advice on the effect of medication
being taken and communicate with the Company and/or the HSR if they
believe necessary;
• In addition, rest breaks as needed by an individual. Individuals should
not be discouraged from taking needed rest breaks;
• It is expected mandated breaks of "smoko" and lunch be adhered to;
and Training.
46.5 Incident Response / First Aid
Employees experiencing symptoms of heat stress must report to the first aid
shed and receive medical attention. If unable to walk to the shed, normal first aid
procedures will apply.
46. 7 Incident Reporting
All heat related incidents are to be reported to the Company and the PCBU.
After any reported heat related incident, the Company shall immediately advise
the HSR, site WHS Committee and the PCBU.
The Company must advise the HSR, site WHS Committee and PCBU of any lost
time injuries, discomfort or related complaints and absenteeism related to heat.
46.8 Training
All workers will be trained in mitigating and recognising heat stress illness
symptoms, in themselves and others. With refresher training to take place
annually.
First Aiders need to be specifically trained in responding to heat related
incidences.
Training shall be provided by a suitably qualified organisation.
46.9 Sun Safe Tips
In addition to the effects of heat, skin cancers are a major concern for workers in
the industry. The company shall ensure the following principles are implemented:
• Employees are provided with and wear a broad brim hard hat attachment
including neck flap;
• Employees are provided with and wear light coloured, long-sleeved collared
shirts with a minimum UPF of 50+;
• Employees are provided with and wear long trousers or shorts that go to the
knee;
• The company must ensure clothing is lightweight, comfortable, well ventilated
and does not restrict movement;
58
Individuals should seek medical advice on the effect of medication being taken and communicate with the Company and/or the HSR if they believe necessary; . In addition, rest breaks as needed by an individual. Individuals should not be discouraged from taking needed rest breaks; It is expected mandated breaks of "smoko" and lunch be adhered to; and Training. 46.5 Incident Response / First Aid Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. 46.7 Incident Reporting All heat related incidents are to be reported to the Company and the PCBU. After any reported heat related incident, the Company shall immediately advise the HSR, site WHS Committee and the PCBU. The Company must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. 46.8 Training All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. With refresher training to take place annually. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 46.9 Sun Safe Tips In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The company shall ensure the following principles are implemented: · Employees are provided with and wear a broad brim hard hat attachment including neck flap; · Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+; · Employees are provided with and wear long trousers or shorts that go to the knee; . The company must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement; 58
• Employees are provided sunglasses that meet Australian Standards and are
safe for driving;
• Employees are provided with a broad spectrum sunscreen with a minimum
SPF of 30+ and lip balm;
• Employees are provided with portable shade where possible and are advised
to work in natural shade where possible;
• New employees at any site shall be informed, trained and supervised in sun
safe techniques;
• All building workers should have their skin checked regularly by a doctor,
regardless of age; and
• Employees are encouraged to monitor their skin and look out for new or
unusual spots, a sore that won't heal, or a spot or mole that has changed
size, shape or colour.
47. JURY SERVICE MAKE-UP PAY
An employee required to attend for jury service will be entitled to have their pay
made up by the employer to an amount equal to their ordinary pay for eight
hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary
Hours of work per day plus Travel Allowance. The employee will give the
employer proof of such attendance and the amount received in respect of such
jury service.
The employee must notify the Company as soon as practicable of the date upon
which their attendance is required and must provide the Company with proof of
attendance, the duration of such attendance, and the amount received in respect
thereof.
48. ASBESTOS AWARENESS TRAINING
The Employer agrees to schedule an agreed asbestos awareness training
course.
(i) Training will be undertaken within six months of the commencement of
this Agreement for each current Employee who has not already
participated in the training; and
(ii) within three months of a new Employee commencing employment.
The course and provider of the training will be agreed with the Consultative
Committee.
59
· Employees are provided sunglasses that meet Australian Standards and are safe for driving; · Employees are provided with a broad spectrum sunscreen with a minimum SPF of 30+ and lip balm; · Employees are provided with portable shade where possible and are advised to work in natural shade where possible; · New employees at any site shall be informed, trained and supervised in sun safe techniques; · All building workers should have their skin checked regularly by a doctor, regardless of age; and · Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. 47. JURY SERVICE MAKE-UP PAY An employee required to attend for jury service will be entitled to have their pay made up by the employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary Hours of work per day plus Travel Allowance. The employee will give the employer proof of such attendance and the amount received in respect of such jury service. The employee must notify the Company as soon as practicable of the date upon which their attendance is required and must provide the Company with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 48. ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. (i) Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and (ii) within three months of a new Employee commencing employment. The course and provider of the training will be agreed with the Consultative Committee. 59
49.
49.1
49.2
STRUCTURED VOCATIONAL TRAINING
The parties to this Agreement recognise that the apprenticeship system of
structured vocational training that operates within the Plumbing, Mechanical
Services and Medical Gas Industry has been integral to the efficiency and
productivity of that industry
The parties are committed to maintaining the integrity of and improving upon the
existing system of structured vocational training. In this regard the parties are
committed to:-
(a) Working co-operatively in facilitating the transition from the existing
apprenticeship arrangements to the Australian Vocational Training
system, which leads directly to an outcome of Cert 3; and
(b) Ensuring that the trade skills required for the Plumbing, Mechanical
Services and Medical Gas industry will continue to be delivered through
system of structured vocational training system based on sequential
training through an apprenticeship (or equivalent contracts of training) to
an outcome of at least Plumbing Tradesperson
49.3 To facilitate ongoing structured vocational training the Employer on Area 1 and
Area 2 projects and Regional Projects will pay an organisation approved by the
CEPU:
(a) From 1 July 2022 - $25.55 per week per employee including apprentices
covered by this agreement.
(b) From 1 July 2023 - $32.55 per week per employee including apprentices
covered by this agreement.
50 REGIONAL PROJECTS
Regional projects in NSW with a Building contract value in excess of $100 million
will attract the Wollongong, Gosford and Shellharbour (Area 2) rates of pay.
Contract Value will be as per the Cordell's or BCI or alike in determining the value
60
49. STRUCTURED VOCATIONAL TRAINING 49.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the Plumbing, Mechanical Services and Medical Gas Industry has been integral to the efficiency and productivity of that industry 49.2 The parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. In this regard the parties are committed to :- (a) Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of Cert 3 ; and (b) Ensuring that the trade skills required for the Plumbing, Mechanical Services and Medical Gas industry will continue to be delivered through system of structured vocational training system based on sequential training through an apprenticeship (or equivalent contracts of training) to an outcome of at least Plumbing Tradesperson 49.3 To facilitate ongoing structured vocational training the Employer on Area 1 and Area 2 projects and Regional Projects will pay an organisation approved by the CEPU: (a) From 1 July 2022 - $25.55 per week per employee including apprentices covered by this agreement. (b) From 1 July 2023 - $32.55 per week per employee including apprentices covered by this agreement. 50 REGIONAL PROJECTS Regional projects in NSW with a Building contract value in excess of $100 million will attract the Wollongong, Gosford and Shellharbour (Area 2) rates of pay. Contract Value will be as per the Cordell's or BCI or alike in determining the value 60
APPENDIX 1 - RATES OF PAY PLUMBERS DRAINERS LABOURERS
APPENDIX 1 TABLE 1
Appendix 1 Table 1
Rates of pay at the first full pay period after 1 st July 2022
Area 1 Area 2 Area 3
(36Hr) (36 Hr) (38 Hr)
Plumbers rate
ph $49.27 $43.44 $43.80
PW $1,773.72 $1563.84 $1664.29
Drainers rate
ph $45.45 $39.52 $39.90
PW $1636.20 $1422.72 $1516.20
Labourers rate
ph $42.36 $32.87 $34.17
PW $1524.94 $1183.32 $1298.37
Travel pd $35.00 $35.00 $35
Redundancy pw $140.00 $130.00 $105
Superannuation pw · SGC SGC SGC
LSL pw As per LSLC As per LSLC As per LSLC
Top-Up W.C pw $15 $15 $15
Site Allowance ph $4.20 $4.20 NIL
61
Area4
(38 Hr)
$38.30
$1455.40
$36.03
$1369.14
$31.32
$1190.16
$30
$85
SGC
As per LSLC
$15
NIL
APPENDIX 1 - RATES OF PAY PLUMBERS DRAINERS LABOURERS APPENDIX 1 TABLE 1 Appendix 1 Table 1 Rates of pay at the first full pay period after 1st July 2022 Area 1 Area 2 Area 3 Area 4 (36Hr) (36 Hr) (38 Hr) (38 Hr) Plumbers rate ph $49.27 $43.44 $43.80 $38.30 pw $1,773.72 $1563.84 $1664.29 $1455.40 Drainers rate ph $45.45 $39.52 $39.90 $36.03 pw $1636.20 $1422.72 $1516.20 $1369.14 Labourers rate ph $42.36 $32.87 $34.17 $31.32 pw $1524.94 $1183.32 $1298.37 $1190.16 Travel pd $35.00 $35.00 $35 $30 Redundancy pw $140.00 $130.00 $105 $85 Superannuation pw SGC SGC SGC SGC LSL pw As per LSLC As per LSLC As per LSLC As per LSLC Top-Up W.C pw $15 $15 $15 $15 Site Allowance ph $4.20 $4.20 NIL NIL 61
APPENDIX 1 - RATES OF PAY PLUMBERS DRAINERS LABOURERS
APPENDIX 1 TABLE 2
Appendix 1Table 2
Rates of pay at the first full pay period after 1 st July 2023
Area 1 Area2 Area 3
(36 Hr) (36 Hr) (38 Hr)
Plumbers rate
ph $51.03 $44.99 $43.80
PW $1,837.08 $1619.64 $1664.29
Drainers rate
ph $47.07 $41.93 $39.90
PW $1694.52 $1509.48 $1516.20
Labourers rate
ph $43.87 $36.30 $34.17
PW $1579.32 $1379.34 $1298.37
Travel pd $35 $35 $35
Redundancy pw $145.00 $130 $110
Superannuation pw SGC SGC SGC
LSL pw As per LSLC As per LSLC As per LSLC
Top-Up W.C pw $15 $15 $15
Site Allowance ph $4.20 $4.20 NIL
62
Area 4
(38 Hr)
$39.67
$1507.46
$37.32
$1418.16
$32.44
$1232.72
$30
$85
SGC
As per LSLC
$15
NIL
APPENDIX 1 - RATES OF PAY PLUMBERS DRAINERS LABOURERS APPENDIX 1 TABLE 2 Appendix 1Table 2 Rates of pay at the first full pay period after 1st July 2023 Area 1 Area 2 Area 3 (36 Hr) Area 4 (36 Hr) (38 Hr) (38 Hr) Plumbers rate ph $51.03 $44.99 $43.80 $39.67 pw $1,837.08 $1619.64 $1664.29 $1507.46 Drainers rate ph $47.07 $41.93 $39.90 $37.32 pw $1694.52 $1509.48 $1516.20 $1418.16 Labourers rate ph $43.87 $36.30 $34.17 $32.44 pw $1579.32 $1379.34 $1298.37 $1232.72 Travel pd $35 $35 $35 $30 Redundancy pw $145.00 $130 $110 $85 Superannuation pw SGC SGC SGC SGC LSL pw As per LSLC As per LSLC As per LSLC As per LSLC Top-Up W.C pw $15 $15 $15 $15 Site Allowance ph $4.20 $4.20 NIL NIL 62
APPENDIX 2 TABLE 1 - ADULT APPRENTICE
Appendix 2 Table 1
Adult Apprentice rates of pay at the first full pay period after 1st July 2022
Pay rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RD YEAR 4TH YEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21 .73 $23.41 $32.66 $35.94
p/w $782.28 $842.76 $1175.76 $1293.84
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $34.29 $34.29
Superannuation p/w SGC SGC SGC SGC
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance
p/h $1.68 $2.32 $2.90 $3.79
(Area 1 and 2)
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 2 TABLE 2 - ADULT APPRENTICE
Appendix 2 Table 2
Adult Apprentice rates of pay at the first full pay period after 1st July 2023
Pav rates include industry and tool allowance
ADULT ADULT ADULT ADULT
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RD YEAR 4TH YEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $21 .73 $24.75 $34.77 $37.22
p/w $782.28 $873.00 $1217.88 $1339.92
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $39.29 $39.29
Superannuation p/w SGC SGC SGC SGC
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance
p/h $1 .68 $2.32 $2.90 $3.79
(Area 1 and 2)
63
APPENDIX 2 TABLE 1 - ADULT APPRENTICE Appendix 2 Table 1 Adult Apprentice rates of pay at the first full pay period after 1st July 2022 Pay rates include industry and tool allowance ADULT APPRENTICE ADULT ADULT ADULT APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years experience experience (36 hour div) experience experience (36 hour div) 36 hour div) (36 hour div) Pay Rate p/h $21.73 $23.41 $32.66 $35.94 p/w $782.28 $842.76 $1175.76 $1293.84 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w SGC SGC SGC SGC LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance (Area 1 and 2) p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 2 TABLE 2 - ADULT APPRENTICE Appendix 2 Table 2 Adult Apprentice rates of pay at the first full pay period after 1st July 2023 Pay rates include industry and tool allowance ADULT ADULT ADULT APPRENTICE ADULT APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR APPRENTICE 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years experience experience experience 36 hour div) experience (36 hour div) 36 hour div) 36 hour div) Pay Rate p/h $21.73 $24.75 $34.77 $37.22 p/w $782.28 $873.00 $1217.88 $1339.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w SGC SGC SGC SGC LSI p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance (Area 1 and 2) p/h $1.68 $2.32 $2.90 $3.79 63
I Top-Up W.C I p/w I $15 $15 $15 $15
APPENDIX 3 TABLE 1 -APPRENTICE
Appendix 3 Table 1
Apprentice rates of pay at the first full pay period after
1 st July 2022
Pay rates include industry and tool allowance
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2NDYEAR 3RDYEAR 4TH YEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate
p/h $17.81 $23.41 $32.66 $35.94
p/w $6 $842.76 $1175.76 $1293.84
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $34.29 $34.29
Superannuation p/w SGC SGC SGC SGC
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
Site Allowance p/h $1.68 $2.32 $2.90 $3.79 ((Area 1 and 2)
Top-Up W.C p/w $15 $15 $15 $15
APPENDIX 3 TABLE 2 -APPRENTICE
Appendix 3 Table 2
Apprentice rates of pay at the first full pay period after
1 st July 2023
Pav rates include industry and tool allowance
APPRENTICE APPRENTICE APPRENTICE APPRENTICE
1STYEAR 2ND YEAR 3RDYEAR 4TH YEAR
up to 1years 1 to 2 years' 2 to 3 years' 3 to 4 years'
experience experience experience experience
(36 hour div) (36 hour div) (36 hour div) (36 hour div)
Pay Rate p/h $18.45 $24.75 $34.77 $37.22
p/w $664.20 $873.00 $1217.88 $1339.92
Travel p/d $22.70 $26.00 $26.00 $26.00
Redundancy p/w Nil Nil $39.29 $39.29
Superannuation p/w SGC SGC SGC SGC
LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC
64
Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 3 TABLE 1 -APPRENTICE Appendix 3 Table 1 Apprentice rates of pay at the first full pay period after 1st July 2022 Pay rates include industry and tool allowance APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years' 2 to 3 years 3 to 4 years experience experience experience experience (36 hour div) (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $17.81 $23.41 $32.66 $35.94 p/w $6 $842.76 $1175.76 $1293.84 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $34.29 $34.29 Superannuation p/w SGC SGC SGC SGC LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC Site Allowance ((Area 1 and 2) p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 APPENDIX 3 TABLE 2 -APPRENTICE Appendix 3 Table 2 Apprentice rates of pay at the first full pay period after 1st July 2023 Pay rates include industry and tool allowance APPRENTICE APPRENTICE APPRENTICE APPRENTICE 1ST YEAR 2ND YEAR 3RD YEAR 4TH YEAR up to 1years 1 to 2 years 2 to 3 years' 3 to 4 years' experience experience experience experience (36 hour div (36 hour div) (36 hour div) (36 hour div) Pay Rate p/h $18.45 $24.75 $34.77 $37.22 p/w $664.20 $873.00 $1217.88 $1339.92 Travel p/d $22.70 $26.00 $26.00 $26.00 Redundancy p/w Nil Nil $39.29 $39.29 Superannuation p/w SGC SGC SGC SGC LSL p/w As per LSLC As per LSLC As per LSLC As per LSLC 64
Site Allowance
p/h $1.68 $2.32 $2.90 $3.79 (Area 1 and 2)
Top-Up W.C p/w $15 $15 $15 $15
Appendix 5- List of Tools
1 x pair 225mm footprints 1 x battery drill with battery and charger
1 x pair 250mm Stillsons 1 x hand wood saw 660mm - replaced on fair wear/tear
1 x pair 450mm Stillsons 1 x 150mm shifting spanner
1 x pair 250mm vice grips 1 x 300mm shifting spanner
1 x pair 200mm combination pliers 1 x 250mm rasp & handle
1 x pair 225mm multigrips 1 x 250mm half round file & handle
1 x pair 200mm pincers 1 x hacksaw
1 x pair 300mm straight snips 1 x junior hacksaw
1 x pair 175mm curved snips 1 x tube cutter 3mm-32mm
1 x pair left hand wiss snips 1 x pointing trowel
1 x pair right hand wiss snips 1 x basin spanner
1 x pair pop rivet pliers 1 x centre punch
1 x pair 200mm dividers 1 x prick punch
1 x pair 15mm copper tube benders 1 x nail bag
1 x plumb-bob 450gr 1 x tool box or carry all or equivalent
1 x 25mm wood chisel 1 x plugging chisel
1 x 8 metre measuring tape 1 x 13mm cold chisel
1 x wire brush 1 x 25mm cold chisel
1 x PVC Conduit cutters 1 x Stanley knife
1 x silicone gun 1 x flint gun
1 x set Allen keys 1mm-10mm 1 x oxy key
1 x set ratchet socket wrench 6-25mm or 1 x lump hammer 41b
1 x set open end/ring spanners 6-16mm 1 x bevel square 250mm
1 x screw driver 200mm Philips head 1 x set square 300mm
2 x screw driver 150mm Phillips head 1 x line level
1 x screw driver 300mm slotted head 1 x spirit level 600mm
1 x screw driver 200mm slotted head
In addition to the above list (where applicable) the tool
list for Drainers shall include the following:
1 x cross pein hammer 10 oz 1 x steel float
1 x ball pein hammer 20 oz 1 x 1200mm level
1 x claw hammer 20 oz 1 x 30m measuring tape
1 x trap or spud wrench 1 x wood float
1 x brickies string line 1 x edging tool
65
Site Allowance (Area 1 and 2) p/h $1.68 $2.32 $2.90 $3.79 Top-Up W.C p/w $15 $15 $15 $15 Appendix 5- List of Tools 1 x pair 225mm footprints 1 x battery drill with battery and charger 1 x pair 250mm Stillsons 1 x hand wood saw 660mm - replaced on fair wear/tear 1 x pair 450mm Stillsons 1 x 150mm shifting spanner 1 x pair 250mm vice grips 1 x 300mm shifting spanner 1 x pair 200mm combination pliers 1 x 250mm rasp & handle 1 x pair 225mm multigrips 1 x 250mm half round file & handle 1 x pair 200mm pincers 1 x hacksaw 1 x pair 300mm straight snips 1 x junior hacksaw 1 x pair 175mm curved snips 1 x tube cutter 3mm-32mm 1 x pair left hand wiss snips 1 x pointing trowel 1 x pair right hand wiss snips 1 x basin spanner 1 x pair pop rivet pliers 1 x centre punch 1 x pair 200mm dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x plumb-bob 450gr 1 x tool box or carry all or equivalent 1 x 25mm wood chisel 1 x plugging chisel 1 x 8 metre measuring tape 1 x 13mm cold chisel 1 x wire brush 1 x 25mm cold chisel 1 x PVC Conduit cutters 1 x Stanley knife 1 x silicone gun 1 x flint gun 1 x set Allen keys 1mm-10mm 1 x oxy key 1 x set ratchet socket wrench 6-25mm or 1 x lump hammer 4lb 1 x set open end/ring spanners 6-16mm 1 x bevel square 250mm 1 x screw driver 200mm Philips head 1 x set square 300mm 2 x screw driver 150mm Phillips head 1 x line level 1 x screw driver 300mm slotted head 1 x spirit level 600mm 1 x screw driver 200mm slotted head In addition to the above list (where applicable) the tool list for Drainers shall include the following: 1 x cross pein hammer 10 oz 1 x steel float 1 x ball pein hammer 20 oz 1 x 1200mm level 1 x claw hammer 20 oz 1 x 30m measuring tape 1 x trap or spud wrench 1 x wood float 1 x brickies string line 1 x edging tool 65
1 2 1 2 3 4 5 6 1 2 3 4 5 6
I
3 8 9 7 9 10 11 12 13 : 7 9 10 11 12 13
10 11 12 13 14 15 16 I 14 15 16 17 18 19 20 14 15 16 17 18 19 20
I 17 18 19 20 21 22 23 I 21 23 24 25 26 27 I 21 23 24 25 26 27
I
24 25 26 27 28 29 30 I 28 28 29 30 31
/
1 2 3 1 1 2 3 4 5
4 5 6 7 8 9 10 2 3 4 5 6 7 8 I 6 7 8 9 10 11 12
11 12 13 14 15 16 17 ' 9 11 12 13 14 15 13 14 15 16 17 18 19 1
18 19 20 21 22 23 24 I 16 17 18 19 20 21 22 20 21 22 23 24 25 26 I I
25 26 27 28 29 30 25 26 27 28 29 27 29 30 I
1 2 3 ' 2 3 4 5 6 7 1 2 3 4
4 5 6 7 8 9 10 I 8 10 11 12 13 14 I s 6 7 8 9 10 11
11 13 14 15 16 17 15 16 17 18 19 20 21 12 14 15 16 17 18
18 19 20 21 22 23 24 22 24 25 26 27 28 19 20 21 22 23 24 25
I
25 27 28 29 30 31 29 30 31 26 28 29 30
3 4 5 6 7 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 I
10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18
17 19 20 21 22 23 21 23 24 25 26 27 19 20 21 24 25 !
24 25 26 27 28 29 30 28 29 30 26 27 28 31
31
- ,HlllU ,)I h.'tl 'I ' = ROO ] • Oe1i1\rhll d lOllg Weeker1tJ (public holid ,1·1 ,1nd ROO)
66
APPENDIX 6 -RDO CALENDAR 2021 36 hour 2021 January '21 February '21 March '21 SMTWTFS SMTWTFS SMTWTFS 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 2 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 April '21 May '21 June '21 SMTWTF S SMTWTF S SMTWTFS 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 1 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 5 16 17 18 19 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 2 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 July '21 August '21 September '21 SMTWTFS SMTWTFS SMTWTFS 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 16 17 15 16 17 18 19 20 21 12 13 14 15 16 17 18 18 19 20 21 22 23 24 22 23 24 25 26 27 28 19 2 21 22 23 24 2 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 October '21 November '21 December '21 SMTWTFS SM TWTFS SMTWTF 1 2 1 2 3 4 5 6 1 2 3 4 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 1 10 11 12 13 14 15 16 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 2 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 annual leave RDO Designated Long Weekend (public holiday and RDO) 66
2 3
l
8
9 10 11 12 13 14 15
I 16 17 18 19 20 21 22
24 25 26 27 28 29
0 31
Aprll '22
[ s_L~ ~~~~l}kd~-M
1 2
I 3 5 6 7 8 9
10 11 13 14 15 16
l7 18 20 21 22
25 27 28 29
3 4 5 6 7 8 9
10 12 13 14 15 16
I 17 18 19 20 21 22 23
24 26 27 28 29 30
31
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 18 19 20 21 22
23 24 25 26 27 28 29
30 31
6
1 2 3 4 5
8 9 10 11 12
13 14 15 16 17 18 19
20 22 23 24 25 26
27 28
May '22
~1~
1 2 3 4 5 6 7
8 10 11 12 13 14
15 16 17 18 19 20 21
22 24 25 26 27 28
29 30 31
7 9 10 11 12 13
14 15 16 17 18 19 20
21 23 24 25 26 27
28 29 30 31
1 2 3 4 5
I 6 8 9 10 11 12
13 14 15 16 17 18 19
20 22 23 24 25 26
27 28 29 30
I
I
annu I leave = RDO = 0esii:natcd Long Weekend (public holiday and RDO)
67
6
13 14
20
1 27 28
1 2 3
8 9 10
15 16 17
22 23 24
29 30 31
June'22
4 5
11 12
18 19 I
25 26 1
I
I
/
~ ~~~iw;~tJ~i:~
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18 I
I
19 20 21 22 23 24 25 l
28 29 30 I
I 4 6 7 8
I
9 10
I
I 11 12 13 14 15 16 17 I
I 18 20 21 22 23 24 I
' 25 ; 26 27 28 29 30
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 24
25 26 27 31
APPENDIX 6 -RDO CALENDAR 2022 36 hour 202 January '22 February '22 March '22 SMTWTF S SMTWTF S SMTWTFS 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 1 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 13 1 15 16 17 1 19 16 17 18 19 20 2 22 20 21 22 23 24 25 26 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 27 28 29 30 31 30 31 April '22 May '22 June '22 SMTWTF S SMTWTFS SMTWTFS 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 17 1 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 24 25 26 27 28 29 30 29 30 31 26 27 28 29 30 July '22 August '22 September '22 SMTWTFS SMT WTFS SMTWTF S 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 12 13 14 15 16 14 15 16 17 18 1 20 11 12 13 14 15 16 17 7 18 19 20 21 22 23 21 22 23 24 25 26 27 18 19 20 21 22 23 24 24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30 31 October 22 November '22 December '22 SMTWTF S MTW T FS SMTWT F S 1 1 2 3 4 5 2 3 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 10 11 12 13 14 15 3 14 15 16 17 18 19 11 12 13 1 15 16 17 16 17 18 19 20 1 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24 23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31 30 31 annual leave RDO = Designated Long Weekend (public holiday and RDO) 67
APPENDIX 6 -RDO CALENDAR 2023 36 hour
8 10 11 12 13
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
23 24 25 26 27 28 29 I
30
l
2 3 4 5 6 7 8
9 11 12 13 14 15
16 17 18 19 20 21 22
23 25 26 27 28 29
30 31
8 9 10 11 12 13 14 I
15 16 17 18 19 20 21 I
22 24 25 26 27 28
29 30 31
5 7 8 9 10 11
12 13 14 15 16 17 18
I 19 21 22 23 24 25 I
I 26 27 28
1 2 3 4 5 6
7 9 10 11 12 13
14 15 16 17 18 19 20
21 23 24 25 26 27
28 29 30 31
1 2 3 4 5
6 8 9 10 11 12
13 14 15 16 17 18 19
20 22 23 24 25 26 I
27 28 29 30 31
1 2 3 4
5 7 8 9 10 11
12 13 14 15 16 17 18
19 21 22 23 24 25
26 27 28 29 30
• annu,1l le.1vc = RDO = 0 IIR11. Wd Lone Week0 nd (~ubl k hol1da and RDO)
68
5 7 8 10
12 13 14 15 16 17 18
19 21 22 23 24 25
26 27 28 29 30 31
1 2 3 I
4 5 6 7 8 9 10 I
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 27 28 29 30
1 2
3 5 6 7 8 9
10 11 12 13 14 15 16
I
17 19 20 21 22 23 I
24 25 26 27 28 29 30
1 2
3 4 s 6 7 8 9
10 11 12 13 14 15 16
1 17 18 19 20 21 22 23
24 25 26 29 30
I 31
APPENDIX 6 -RDO CALENDAR 2023 36 hour 2023 January '23 February '23 March '23 SMTWTFS SMT W T IF S SMTWTF S 1 2 3 4 5 7 1 2 3 4 1 2 3 4 8 9 10 11 12 13 1 5 6 7 8 9 10 11 5 6 7 8 9 10 11 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 22 23 24 25 26 27 28 19 20 21 22 2 24 25 19 20 21 22 23 24 25 29 30 31 26 27 28 26 27 28 29 30 31 April '23 May '23 June '23 SMTWTF S S M TW TFS SMTWTF S 1 1 2 3 4 5 6 1 2 3 2 3 4 5 6 7 8 7 8 9 10 11 12 13 4 5 6 7 8 9 10 9 10 11 12 13 14 15 14 15 16 17 18 19 20 11 12 13 14 15 1 17 16 17 18 19 20 21 22 21 22 23 24 25 26 27 18 19 20 21 22 23 24 23 24 25 26 27 28 29 28 29 30 31 25 26 27 28 29 30 30 July '23 August '23 September '23 S M T W T F S S M TW F S M T W T F S 1 1 2 3 4 5 1 2 2 3 4 5 6 7 8 6 7 8 9 10 11 12 3 4 5 6 7 8 9 9 11 12 13 14 15 13 14 15 16 17 18 19 10 11 12 1 14 15 16 5 17 18 19 2 21 22 20 21 22 23 24 25 26 17 18 19 2 21 22 23 23 24 25 26 27 28 29 27 28 29 30 31 24 25 26 27 28 29 30 30 31 October '23 November '23 December '23 SMTWTF S S M TWT S SMTWTF S 1 2 3 4 5 6 7 1 2 3 4 1 2 8 9 10 11 1 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 15 16 17 18 1 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 16 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 23 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 annual leave RDO = Designated Long Weekend (public holiday and RDO) 68
APPENDIX 6 RDO CALENDARS 2022 38 HOUR
3rd January Public Holiday (New Year's Day)
26th January Public Holiday (Australia Day)
t---------- - --- --+-'
27th January
28th January
22nd February
22nd March
15th April Public Holiday (Good Friday)
16th April Public Holiday (Easter Saturday)
18th April Public Holiday (Easter Monday)
--- - --- - ----------+-'
19th April
25th April c Holiday(Anzac Day)
26th April
Holiday (Queen's Birthday)
14th June
22rd August
3rd October Holidays (Labour Day)
4th October
7th November
5th December
6th December
24th December
26th December Public Holiday (boxing day)
27th December Public Holiday (substitute day)
69
APPENDIX 6 RDO CALENDARS 2022 38 HOUR 3rd January Public Holiday (New Year's Day) 26th January Public Holiday (Australia Day) 27th January RDO 28th January RDO 22nd February RDO 22nd March RDO 15th April Public Holiday (Good Friday) 16th April Public Holiday (Easter Saturday) 18th April Public Holiday (Easter Monday) 19th April RDO 25th April Public Holiday(Anzac Day) 26th April RDO 13th June Public Holiday (Queen's Birthday) 14th June RDO 25th July RDO 22rd August RDO 3rd October Public Holidays (Labour Day) 4th October RDO 7th November RDO 5th December PICNIC DAY 6th December RDO 24th December RDO 26th December Public Holiday (boxing day) 27th December Public Holiday (substitute day) 69
APPENDIX 6 RDO CALENDARS 2023 38 HOUR
2nd January Public Holiday (New Year's Day)
26th January Public Holiday (Australia Day)
27th January
20nd February
20nd March
6th March
7th April Public Holiday (Good Friday)
8th April Public Holiday (Easter Saturday)
10th April Public Holiday (Easter Monday)
11th April
24th April
25th April Public Holiday(Anzac Day)
12th June Public Holiday (Queen's Birthday)
13th June
24th July
21rd August
2nd October Holidays (Labour Day)
3rd October
6th November
4th December
5th December
22th December
25th December Public Holiday (Christmas Day)
70
APPENDIX 6 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 20nd March RDO 6th 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) 12th June Public Holiday (Queen's Birthday) 13th June RDO 24th July RDO 21rd August RDO 2nd October Public Holidays (Labour Day) 3rd October RDO 6th November RDO 4th December PICNIC DAY 5th December RDO 22th December RDO 25th December Public Holiday (Christmas Day) 70
/ 26th December I Public Holiday (Boxing Day)
SIGNATORY PAGE
For and on behalf of HOGAN PLUMBING GROUP PTY LTD
~ o Signature ...... ..:.:: . ~~:::. ... .... .-:::-: ................ .
Name:
Position: ------- -------
ABN: 86 003 770 296
Company address: 3 FIG\Me~e Clos~ -ro..«e
For and on behalf of CEPU Plumbing Division (NSW Branch)
Signature
Name: Theo Samartzopoulos
Position: State Secretary
Branch address: Shop 1, 111 McEvoy Street, Alexandria NSW 2015
Telephone: (02) 9310-3411
Fax: (02) 9310-1380
71
26th December Public Holiday (Boxing Day) SIGNATORY PAGE For and on behalf of HOGAN PLUMBING GROUP PTY LTD Bloge 14/11/2023 Signature Date .... Patrick Joseph Name: Hagen Position: Director ABN: 86 003 770 296 Company address: 3 Flametree Close Taree For and on behalf of CEPU Plumbing Division (NSW Branch) nature Date 14/11/2023 Name: Theo Samartzopoulos Position: State Secretary Branch address: Shop 1, 111 McEvoy Street, Alexandria NSW 2015 Telephone: (02) 9310-3411 Fax: (02) 9310-1380 71
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2023/4349
Section 185 - Application for approval of a single enterprise agreement
Undertaking
I, Leonard Hogan, Director for Pat Hogan & Sons Pty Ltd give the following undertakings with
respect to the Hogan Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch
Regional Enterprise Agreement 2021 -2024
("the Agreement"):
1. I have the authority given to me Pat Hogan & Sons Pty Ltd to provide this undertaking
in relation to the application before the Fair Work Commission .
2. Adult First apprentices will be paid as per the table below:
1st Jui 2023
Adult A rentice 1 st ear $24.75
3. 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 30/11/2023
1
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2023/4349 Section 185 - Application for approval of a single enterprise agreement Undertaking I, Leonard Hogan, Director for Pat Hogan & Sons Pty Ltd give the following undertakings with respect to the Hogan Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Regional Enterprise Agreement 2021-2024 ("the Agreement"): 1. I have the authority given to me Pat Hogan & Sons Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission. 2. Adult First apprentices will be paid as per the table below: 1st July 2023 Adult Apprentice 1st year $24.75 3. 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 30/11/2023 1
