1
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2024/1212)
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD AND CEPU -
PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE
AGREEMENT 2023–2027
Plumbing industry
DEPUTY PRESIDENT COLMAN MELBOURNE, 10 MAY 2024
Application for variation of the D&W Plumbing and Civil Contractors Pty Ltd and CEPU -
Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027
[1] An application has been made for approval of a variation to the D&W Plumbing and
Civil Contractors Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise
Agreement 2023–2027 (the Agreement). The application was made by the Communications,
Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of
Australia pursuant to s 210 of the Fair Work Act 2009 (the Act).
[2] The application seeks to vary various clauses of the Agreement. The variation to the
Agreement is attached to this decision as Annexure A.
[3] I am satisfied that each of the requirements of ss 210 and 211 of the Act as are relevant
to this application for approval of a variation have been met.
[4] The variation is approved and the consolidated version of the Agreement, as varied, is
attached to this decision.
[5] In accordance with s 216 of the Act, the variation operates from 10 May 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE524109 PR774637
[2024] FWCA 1691
DECISION
FairWork
Commission
OF THE FAIR WORK C NOISSO THE SEA
AUSTRALIA FairWork Commission
http://www.fwc.gov.au/documents/agreements/fwa/AE524109-2.pdf
[2024] FWCA 1691
2
ANNEXURE A D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au AG2024/1003 D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023- 2027 The following variations are sought by D&W Plumbing and Civil Contractors Pty Ltd and The CEPU of Australia Plumbing Division NSW Branch to the above agreement. The current tables read: Appendix 1Table 1 Current Rates Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $51.03 $44.99 Plumber's PW $1837.08 $1619.64 PH $43.87 $36.30 Labourer's Rate PW $1647 $1385.28 Travel PD $35 $35 Redundancy PW $14 $110 Site Allowance Minimum PH $4.20 $4.20 Superannuation PW 11% 10.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
3
dw D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 2 Rates of pay at the first full pay perlod after 1st April 2024 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $54.09 $47.69 Plumber's PW $1947.24 $1716.84 PH $46.50 $38.48 Labourer's Rate PW $1647 $1385.28 Travel PD $35 $35 Redundancy PW $150 $135 Site Allowance Minimum PH $4.40 $4.40 Superannuation PW 119 11% Appendix 1Table 3 Rates of pay at the first full pay perlod after 1st April 2025 Sydney/ACT Wollongong & Central Coast 36-hour div) & All other Areas (36-hour div) PH $57.34 $50.55 Plumber's PW $2064.24 $1819.80 PH $49.29 $40.79 Labourer's Rate PW $1774.44 $1468.44 Travel PD $40 $40 Redundancy PW $155 $140 Site Allowance Minimum PH $4.60 $4.60 Superannuation PW 11.5% 11.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACK 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
4
dw D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 4 Rates of pay at the first full pay perlod after 1st April 2026 Wollongong & Central Sydney/ACT Coast (36-hour div) & All other Areas (36-hour div) PH $60.78 $53.58 Plumber's PW $2188.88 $1928.28 PH $52.25 $43.24 Labourer's Rate PW $1881 $1556.64 Travel PD $45 $45 Redundancy PW $160 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Appendix 1Table 5 Rates of pay at the first full pay period after 1st April 2027 Wollongong & Central Sydney/ACT Coast (36-hour div) & All other Areas (36-hour div) PH $54.09 $57.33 Plumber's PW $1947.24 $2063.88 PH $55.91 $46.27 Labourer's Rate PV $2012.76 $1665.72 Travel PD $52 $52 Redundancy PW $165 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
5
OW D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au The New Tables below include the classification of Drainer: Appendix 1Table 1 Current Rates Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $51.03 $44.99 Plumber's PW $1837.08 $1619.64 PH $43.87 $36.30 Labourer's Rate PW $1647 $1385.28 PD $47.07 $40.93 Drainers Rate PW $1694.52 1473.48 Travel PH $35 $35 Redundancy PW $145 $110 Site Allowance Minimum PH $4.20 $4.20 Superannuation PV 11% 10.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN AC 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
6
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 2 Rates of pay at the first full pay period after 1st April 2024 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $54.09 $47.69 Plumber's PW $1947.24 $1716.84 PH $46.50 $38.48 Labourer's Rate PW $1647 $1385.28 PD $49.89 $43.39 Dralners Rate PW $1796.04 $1562.04 Travel PD $35 $35 Redundancy PW $150 $135 Site Allowance Minimum PH $4.40 $4.40 Superannuation PW 119 11% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
7
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 3 Rates of pay at the first full pay perlod after 1st April 2025 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $57.34 $50.55 Plumber's PW $2064.24 $1819.80 PH $49.29 $40.79 Labourer's Rate PW $1774.44 $1468.44 PD $52.88 $45.99 Drainers Rate $1903.68 $1562.04 Travel PD $40 $40 Redundancy PW $155 $140 Site Allowance Minimum PH $4.60 $4.60 Superannuation PW 11.5% 11.5% Street Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 Postal Address PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
8
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 4 Rates of pay at the first full pay period after 1st April 2026 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $60.78 $53.58 Plumber's PW $2188.88 $1928.28 PH $52.25 $43.24 Labourer's Rate PW $1881 $1556.64 PD $56.08 $48,75 Dralners Rate PW $2018.88 $1755 Travel PD $45 $45 Redundancy PW $160 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
9
OW D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 5 Rates of pay at the first full pay period after 1st April 2027 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $65.03 $57.33 Plumber's PW $2341.08 $2063.88 PH $55.91 $46.27 Labourer's Rate PW $2012.76 $1665.72 PD $60.01 $52.16 Drainers Rate PW $2160.36 $1877.76 Travel PD $52 $52 Redundancy PW $165 $145 Site Allowance Minimum PH $5 $5 Superannuation PV 12% 12% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
[2024] FWCA 1691
10
Ow D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au This variation is sought to Include the Classification of Drainer: Signatories 20 Signed on behalf of the CEPU Signed on behalf of D & W Plumbing and Civil Contractors NSW Plumbing Division Pty Ltd. Theo Samartzopoulos Des White State Secretary CEO Shop 1, 111 McEvoy Street Unit 2,22 Northumberland Rd. Alexandria NSW 2015 Caringbah NSW 2229 11/4/24. 11/4/21. Street Address Postal Address Unit 2,22 Northumberland Road Caringbaly NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACI 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
AG2024/1003 D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD AND CEPU -
PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-
2027
The following variations are sought by D&W Plumbing and Civil Contractors Pty Ltd and The
CEPU of Australia Plumbing Division NSW Branch to the above agreement.
The current tables read:
Appendix Hable 1
Current Rates
Wollongong & Central Coast
Sydney/ACT & All other Areas
(36-hour div) (36-hour div)
PH $51.03 $44.99
Plumber's PW $1837.08 $1619.64
PH $43.87 $36.30
Labourer's Rate PW $1647 $1385.28
Travel PD $35 $35
Redundancy PW $145 $110
Site Allowance Minimum PH $4.20 $4.20
Superannuation PW 11% 10.5%
Street Address Postal Address
Unit 2, 22 Northumberland Ho.id Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
W D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au AG2024/1003 D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023- 2027 The following variations are sought by D&W Plumbing and Civil Contractors Pty Ltd and The CEPU of Australia Plumbing Division NSW Branch to the above agreement. The current tables read: Appendix 1Table 1 Current Rates Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $51.03 $44.99 Plumber's PW $1837.08 $1619.64 PH $43.87 $36.30 Labourer's Rate PW $1647 $1385.28 Travel PD $35 $35 Redundancy PW $145 $110 Site Allowance Minimum PH $4.20 $4.20 Superannuation PW 11% 10.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
RogersR
Draft
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
Appendix 1Table 2
Rates of pay at the first full pay period after
1st Aprll 2024
Wollongong & Central Coast
Sydney/ACT & All other Areas
(36-hour div) (36-hour div)
PH $54.09 $47.69
Plumber's
PW $1947.24 $1716.84
PH $46.50 $38.48
Labourer's Rate
PW $1647 $1385.28
Travel PD $35 $35
Redundancy PW $150 $135
Site Allowance Minimum PH $4.40 $4.40
Superannuation PW 11% 11%
Appendix 1Table 3
Rates of pay at the first full pay period after
1stAprll 2025
Wollongong & Central Coast
Sydney/ACT & All other Areas
36-hour div) (36-hour div)
PH $57.34 $50.55
Plumber's
PW $2064.24 $1819.80
PH $49.29 $40.79
Labourer's Rate
PW $1774.44 $1468.44
Travel PD $40 $40
Redundancy PW $155 $140
Site Allowance Minimum PH $4.60 $4.60
Superannuation PW 11.5% 11.5%
Street Address Postal Address
Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 112 3 Caringbah NSW 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 2 Rates of pay at the first full pay period after 1st April 2024 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $54.09 $47.69 Plumber's PW $1947.24 $1716.84 PH $46.50 $38.48 Labourer's Rate PW $1647 $1385.28 Travel PD $35 $35 Redundancy PW $150 $135 Site Allowance Minimum PH $4.40 $4.40 Superannuation PW 11% 11% Appendix 1Table 3 Rates of pay at the first full pay period after 1st April 2025 Sydney/ACT Wollongong & Central Coast 36-hour div) & All other Areas (36-hour div) PH $57.34 $50.55 Plumber's PW $2064.24 $1819.80 PH $49.29 $40.79 Labourer's Rate PW $1774.44 $1468.44 Travel PD $40 $40 Redundancy PW $155 $140 Site Allowance Minimum PH $4.60 $4.60 Superannuation PW 11.5% 11.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
Appendix 1Table 4
Rates of pay at the first full pay period after
1 st April 2026
Wollongong & Central
Sydney/ACT Coast
(36-hour div) & All other Areas
(36-hour div)
PH $60.78 $53.58
Plumber's PW $2188.88 $1928.28
PH $52.25 $43.24
Labourer's Rate PW $1881 $1556.64
Travel PD $45 $45
Redundancy PW $160 $145
Site Allowance Minimum PH $5 $5
Superannuation PW 12% 12%
Appendix 1Table 5
Rates of pay at the first full pay period after
1 st April 2027
Wollongong & Central
Sydney/ACT Coast
(36-hour div) & All other Areas
(36-hour div)
PH $54.09 $57.33
Plumber's PW $1947.24 $2063.88
PH $55.91 $46.27
Labourer's Rate PW $2012.76 $1665.72
Travel PD $52 $52
Redundancy PW $165 $145
Site Allowance Minimum PH $5 $5
Superannuation PW 12% 12%
Street Address Postal Address
Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 3 78 002 780 378
Ow D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 4 Rates of pay at the first full pay period after 1st April 2026 Wollongong & Central Sydney/ACT Coast (36-hour div) & All other Areas (36-hour div) PH $60.78 $53.58 Plumber's PW $2188.88 $1928.28 PH $52.25 $43.24 Labourer's Rate PW $1881 $1556.64 Travel PD $45 $45 Redundancy PW $160 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Appendix 1Table 5 Rates of pay at the first full pay period after 1st April 2027 Wollongong & Central Sydney/ACT Coast (36-hour div) & All other Areas (36-hour div) PH $54.09 $57.33 Plumber's PW $1947.24 $2063.88 PH $55.91 $46.27 Labourer's Rate PW $2012.76 $1665.72 Travel PD $52 $52 Redundancy PW $165 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
The New Tables below include the classification of Drainer:
Appendix Hable 1
Current Rates
Wollongong & Central Coast
Sydney/ACT & All other Areas
(36-hou r div) (36-hour div)
PH $51.03 $44.99
Plumber's
PW $1837.08 $1619.64
PH $43.87 $36.30
Labourer's Rate
PW $1647 $1385.28
PD $47.07 $40.93
Drainers Rate
PW $1694.52 1473.48
Travel PH $35 $35
Redundancy PW $145 $110
Site Allowance Minimum PH $4.20 $4.20
Superannuation PW 11% 10.5%
Street Address Postal Address
Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 112 3 Caringbah NSW 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au The New Tables below include the classification of Drainer: Appendix 1Table 1 Current Rates Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $51.03 $44.99 Plumber's PW $1837.08 $1619.64 PH $43.87 $36.30 Labourer's Rate PW $1647 $1385.28 PD $47.07 $40.93 Drainers Rate PW $1694.52 1473.48 Travel PH $35 $35 Redundancy PW $145 $110 Site Allowance Minimum PH $4.20 $4.20 Superannuation 11% 10.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
Appendix Hable 2
Rates of pay at the first full pay period after
1 st April 2024
Sydney/ACT
Wollongong & Central Coast
& All other Areas
(36-hour div)
(36-hour div)
PH $54.09 $47.69
Plumber's
PW $1947.24 $1716.84
PH $46.50 $38.48
Labourer's Rate
PW $1647 $1385.28
PD $49.89 $43.39
Drainers Rate
PW $1796.04 $1562.04
Travel PD $35 $35
Redundancy PW $150 $135
Site Allowance Minimum PH $4.40 $4.40
Superannuation PW 11% 11%
Street Address Postal Address
Unit 2, 22 Northumberland Road Caringbah N5W 2229 PO Box 1123 Caringbah N5W 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 2 Rates of pay at the first full pay period after 1st April 2024 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $54.09 $47.69 Plumber's PW $1947.24 $1716.84 PH $46.50 $38.48 Labourer's Rate PW $1647 $1385.28 PD $49.89 $43.39 Drainers Rate PW $1796.04 $1562.04 Travel PD $35 $35 Redundancy PW $150 $135 Site Allowance Minimum PH $4.40 $4.40 Superannuation PW 11% 11% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
Appendix 1Table3
Rates of pay at the first full pay period after
1stAprll 2025
Sydney/ACT
Wollongong & Central Coast
& All other Areas
(36-hour div)
(36-hour div)
PH $57.34 $50.55
Plumber's
PW $2064.24 $1819.80
PH $49.29 $40.79
Labourer's Rate
PW $1774.44 $1468.44
PD $52.88 $45.99
Drainers Rate
PW $1903.68 $1562.04
Travel PD $40 $40
Redundancy PW $155 $140
Site Allowance Minimum PH $4.60 $4.60
Superannuation PW 11.5% 11.5%
Street Address Postal Address
Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 3 Rates of pay at the first full pay period after 1st April 2025 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $57.34 $50.55 Plumber's PW $2064.24 $1819.80 PH $49.29 $40.79 Labourer's Rate PW $1774.44 $1468.44 PD $52.88 $45.99 Drainers Rate PW $1903.68 $1562.04 Travel PD $40 $40 Redundancy PW $155 $140 Site Allowance Minimum PH $4.60 $4.60 Superannuation PW 11.5% 11.5% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
Appendix 1Table 4
Rates of pay at the first full pay period after
PH
Plumber's
PW
PH
Labourer's Rate
PW
PD
Drainers Rate
PW
Travel PD
Redundancy PW
Site Allowance Minimum PH
Superannuation PW
Street Address
Unit 2, 22 Northumberland Road Caringbah NSW 2229
Phone
0295405100
Fax
02 9525 5482
1stApril 2026
Sydney/ACT
(36-hour div)
$60.78
$2188.88
$52.25
$1881
$56.08
$2018.88
$45
$160
$5
12%
ABN
63 002 780 378
Wollongong & Central Coast
& All other Areas
(36-hour div)
$53.58
$1928.28
$43.24
$1 556.64
$48.75
$1755
$45
$145
$5
12%
Postal Address
PO Box 112 3 Caringbah NSW 1495
ACN
002 780 378
Ow D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 4 Rates of pay at the first full pay period after 1st April 2026 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $60.78 $53.58 Plumber's PW $2188.88 $1928.28 PH $52.25 $43.24 Labourer's Rate PW $1881 $1556.64 PD $56.08 $48.75 Drainers Rate PW $2018.88 $1755 Travel PD $45 $45 Redundancy PW $160 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumbing.com.au
Appendix Hable 5
Rates of pay at the first full pay period after
1 st April 2027
Sydney/ACT
Wollongong & Central Coast
(36-hour div)
& All other Areas
(36-hour div)
PH $65.03 $57.33
Plumber's PW $2341.08 $2063.88
PH $55.91 $46.27
Labourer's Rate PW $2012.76 $1665.72
PD $60.01 $52.16
Drainers Rate
PW $2160.36 $1877.76
Travel PD $52 $52
Redundancy PW $165 $145
Site Allowance Minimum PH $5 $5
Superannuation PW 12% 12%
Street Address Postal Address
Unit 2,22 Northumberland Road Caringbc1h NSW 2229 PO Box 112 3 Coring bah NSW 1495
Phone Fax ABN ACN
02 9540 5100 02 9525 5482 63 002 780 3 78 002 780 378
D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au Appendix 1Table 5 Rates of pay at the first full pay period after 1st April 2027 Sydney/ACT Wollongong & Central Coast (36-hour div) & All other Areas (36-hour div) PH $65.03 $57.33 Plumber's PW $2341.08 $2063.88 PH $55.91 $46.27 Labourer's Rate PW $2012.76 $1665.72 PD $60.01 $52.16 Drainers Rate PW $2160.36 $1877.76 Travel PD $52 $52 Redundancy PW $165 $145 Site Allowance Minimum PH $5 $5 Superannuation PW 12% 12% Street Address Postal Address Unit 2,22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABI ACN 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W PLUMBING AND
CIVIL CONTRACTORS PTY LTD
www.dwplumblng.com.au
This variation Is sought to Include the Classlficatlon of Drainer:
Signatories
L
Signed on behalf of the CEPU
NSW Plumbing Division
Signed on behalf of D & W Plumbing and Civil Contractors
Pty Ltd.
Theo Samartzopoulos
State Secretary
Shop 1, 111 McEvoy Street
Alexandria NSW 2015
I I 1_.±_, 2 9--.
Street Address
Des White
CEO
Unit 2,22 Northumberland Rd,
Carlngbah NSW 2229
Unit 2, 22 Northumberland lload Carinqb.ih NSW 2229
Phone Fax /\BN
02 95'10 5100 02 9525 5'182 63 002 780 3711
Postal Address
PO llox 1123 Carlngb1h NSW 1495
ACN
002 780378
OW D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD www.dwplumbing.com.au This variation is sought to include the Classification of Drainer: Signatories - Signed on behalf of the CEPU Signed on behalf of D & W Plumbing and Civil Contractors NSW Plumbing Division Pty Ltd. Theo Samartzopoulos Des White State Secretary CEO Shop 1, 111 McEvoy Street Unit 2,22 Northumberland Rd, Alexandria NSW 2015 Caringbah NSW 2229 11/4/24. 11/4,24 Street Address Postal Address Unit 2, 22 Northumberland Road Caringbah NSW 2229 PO Box 1123 Caringbah NSW 1495 Phone Fax ABN ACI 02 9540 5100 02 9525 5482 63 002 780 378 002 780 378
D&W Plumbing and Civil Contractors Pty Ltd
& CEPU Plumbing Division – NSW
Branch Plumbing Enterprise
Agreement 2023-2027
For
ACT,
SYDNEY,
WOLLONGONG,
CENTRAL COAST,
& ALL OTHER AREAS
AND PROUD PLUMBING AND TO THE UNION AUST OF ALIA EMPLOYEES UNION
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Clause No. NAME Page
PART 1 APPLICATION AND OPERATION
1 TITLE OF AGREEMENT 3
2 PARTIES AND PERSONS BOUND 3
3 LODGEMENT AND DATE OF OPERATION OF AGREEMENT 4
4 COMMITMENTS 5
5 ANTI DISCRIMINATION 6
6 POSTING OF AGREEMENT 7
7 DEFINITIONS 7
8 WORKPLACE FLEXIBILITY 9
9 STATUTORY MATTERS COVERED BY STATE LEGISLATION 10
PART 2
CONSULTATION AND DISPUTE RESOLUTION
10 CONSULTATION CLAUSE 10
11 CONSULTATIVE MECHANISMS 13
12 DISPUTE RESOLUTION PROCEDURE 15
13
PROCEDURE FOR DEALING WITH SAFETY ISSUES OR
INCIDENTS
17
PART 3
TYPES OF EMPLOYMENT AND TERMINATION EMPLOYMENT
14 DAILY EMPLOYMENT 20
15 CASUAL EMPLOYMENT 20
16 EMPLOYER AND EMPLOYEE DUTIES 21
17 TERMINATION OF EMPLOYMENT 21
18 REDUNDANCY 22
19 SHAM CONTRACTING 25
PART 4 REMUMERATION AND PAYMENT OF WAGES
20 PAYMENT OF WAGES 27
21 SUPERANNUATION 28
PART 5
APPRENTICES
22 GENERAL 30
PART 6
HOURS OF WORK AND RELATED MATTERS
23 ORDINARY HOURS OF WORK 32
24 WORKS BREAK 35
25 OVERTIME 37
26 WEEKEND WORK 38
27 NIGHT SHIFT WORK 38
28 PRESENTING FOR WORK AND NOT REQUIRED 40
29 INCLEMENT WEATHER 40
30 JURY DUTY AND MAKE UP PAY 42
31 PROTECTIVE CLOTHING 43
32 COMPENSATION FOR TOOLS AND CLOTHING 43
33 INCOME PROTECTION 44
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Clause No. NAME Page
PART 7 ALLOWANCES
34
35
TRAVEL
SITE ALLOWANCE
44
46
36 MATRIX – PROJECTS IN EXCESS OF 1 BILLION 46
37 WELDNG CERTIFICATE 46
38 MEAL ALLOWANCES 46
39 LEADING HAND 46
40 HOT WORKS 46
41 COLD WORKS 47
42 LIVING AWAY FROM HOME -DISTANT WORK 47
43 AGREEMENT AWARENESS COURSE 51
44 UNDERGROUND INFRASTRUCTURE ALLOWANCE 52
PART 8 LEAVE AND PUBLIC HOLIDAYS
45 PUBLIC HOLIDAYS 52
46 PERSONAL LEAVE 53
47 SICK LEAVE (Carer’s Leave) 55
48 COMPASSIONATE LEAVE 55
49 PARENTAL LEAVE 55
50 FAMILY AND DOMESTIC VIOLENCE LEAVE 55
51 ANNUAL LEAVE 55
52 PICNIC DAY 57
PART 9 POLICIES
53 HEAT POLICY 57
54 DRUG AND ALCOHOL POLICY 61
PART 10 MISCELLANEOUS
55 ASBESTOS AWARENESS TRAINING 65
56 STRUCTURED VOCATIONAL TRAINING 65
57 BUILDING LEVY 66
58 AUDITING AND ENTITLEMENT COMPLIANCE 66
59 SEVERABILITY 68
60 TRADE UNION RIGHTS AND REPRESENTATION 68
61 HEALTH AND SAFETY REPRESENTATIVES 69
62 INCREASES TO WAGES – PRODUCTIVITY GAINS 70
APPENDIX 1 PLUMBER DRAINER GASFITTER 71-73
APPENDIX 2 APPRENTICES 74
APPENDIX 3 Tool List 75
APPENDIX 4 RDO CALENDERS 2024,2025,2026,2027 76-79
SIGNATORIES 80
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1. TITLE
This agreement shall be known as D&W Plumbing and Civil Contractors Pty Ltd
and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement
2023–2027.
2. PARTIES AND PERSONS BOUND
D&W Plumbing and Civil Contractors Pty Ltd 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
2.1 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:-
2.1.1 sheet lead, galvanised iron or other classes of sheet metal or any other
materials which supersede the materials usually fixed by plumbers;
2.1.2 lead, wrought, cast or sheet iron, copper, brass or other classes of
pipework;
2.1.3 water (hot or cold), steam, gas, air vacuum, heating or ventilating
appliances, fittings, services or installations; and
2.1.4 house, ship, sanitary, chemical or general plumbing or drainage; and
2.2 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.
2.3 The terms of this agreement will not apply to:
2.3.1 the employment of sprinkler fitters by an employer covered by the
Plumbing and Fire Sprinklers Award 2020 (PFS Award); and / or
to employees principally engaged in installing automatic fire protection
systems; and / or
2.3.2 employees of the employer employed full-time in the service and
maintenance operations, and / or
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2.3.3 employees employed full-time as a project manager, an estimator or in
drafting;
2.3.4 For the purposes of our Agreement, cottage/housing industry means the
construction, erection, assembly, maintenance ornamentation or
demolition of a single occupancy dwelling and multiple occupancy
residential units being of not more than two living levels height
3. LODGEMENT AND DATE OF OPERATION OF AGREEMENT
This Agreement shall be lodged in accordance with the Fair Work Act 2009 (FW
Act).
a. This Agreement shall remain in force until 30 September 2027. The
employer intends to commence discussions concerning a replacement
enterprise agreement by no later than 30 June 2027. This Agreement will
continue to operate after its nominal expiry date unless it is replaced by
another enterprise agreement or is terminated in accordance with the FW
Act.
Variation Of The Agreement
a. Should the employer intend to make an application under the FW Act,
seeking to vary the Agreement, the employer shall advise the union (in
writing),of the proposed variation and the union shall be given an
opportunity of meeting with the employees concerned about the variation.
b. Such meeting shall take place prior to the employees being requested to
vote (under Section 208 of the FW Act) on the proposed variation.
Termination Of The Agreement
a. Should the employer intend to make an application under the FW Act,
seeking to terminate the Agreement, the employer shall advise the union
(in writing), of the proposed application to terminate the Agreement and
the union shall be given an opportunity of meeting with the employees
concerned about the proposed application for termination.
b. Such meeting shall take place prior to the employees being requested to
vote (under Section 219 of the FW Act) on the proposed termination.
c. The obligations provided in Clause 3.3 and / 3.4, are conditional upon
the representative of the union (however termed), complying with Part 3
– 4 – Right of Entry under the FW Act.
Exclusion of the Award
Subject to the Interaction with the NES this Agreement is intended to cover all
matters pertaining to the employment relationship and all matters pertaining to
the employer’s relationship with the Union.
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The Agreement regulates all terms and conditions of employment and
expressly excludes and displaces the operation of any and all other matters
and conditions of employment in the Plumbing and Fire Sprinklers Award 2020
(PFS Award). Any existing employment conditions or entitlements that are
superior to those contained in this Agreement will continue to apply unless
otherwise agreed by the relevant Parties to this Agreement.
Interaction with the National Employment Standards (NES)
This Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is inconsistency between the
Agreement and the NES, and the NES provides greater benefit, the NES
provision will apply to the extent of the inconsistency.
4. COMMITMENTS
In order that the objectives of this Agreement are achieved, the parties are
committed to ensuring that:
(a) The measures contained in this Agreement lead to real gains in productivity.
(b) 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.
(c) The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the
Employer.
(d) Productivity measures will not be implemented at the expense of health and
safety standards and those standards will be improved.
(e) The dispute settlement procedures provided for in this agreement are
rigorously applied and enforced.
(f) A free flow of information occurs between the Employer and employee(s)
(including their union or other representative) concerning all aspects of
the construction process.
(g) Statutory entitlements, quality of work and proper safety standards will
underpin this agreement.
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.
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Suicide Prevention
The parties acknowledge that:
(a) suicide prevention of employee(s) in the construction industry is an
important issue;
(b) Construction workers are more than twice as likely to suicide than other
people in Australia;
(c) Construction workers are six times more likely to die by suicide than
through a workplace accident;
(d) Apprentices in construction are two and a half times more likely to
suicide than other young men their age;
(e) Mental health on construction sites is now accepted as an industry
safety concern;
(f) Employee(s) can find it difficult to discuss feelings and emotions with
colleagues at work, especially in the construction industry.
(g) Accordingly, to try and reduce the chance of suicide by an employee, the
Employer agrees to provide training to an appropriate number of
employee(s) 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 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.
(h) Awareness training providers will be agreed through the Parties of the
Agreement.
5. ANTI-DISCRIMINATION
5.1 It is the intention of the parties to this Agreement to achieve the principal
object in the FW Act through respecting and valuing the diversity of the
workforce by helping to prevent and eliminate discrimination on the basis
of race, colour, sex, sexual orientation,, age, physical or mental disability,
marital status, family responsibilities, pregnancy, religion, political
opinion, national extraction or social origin.
5.2 Accordingly, in fulfilling their obligations under the settlement of disputes
clause, the parties to this agreement must make every endeavour to
ensure that neither the Agreement provisions nor their operation are
directly or indirectly discriminatory in their effects.
5.3 The rates, allowances and other monetary entitlements prescribed in this
Agreement are the minimum amounts to be paid by the Employer to the
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Employee(s). The Employer must pay each and every rate, allowance
and other monetary entitlements in this Agreement as and when they fall
due.
6. 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
employee(s).
7. DEFINITIONS
GEOGRAPHIC DEFINITIONS
a) Sydney - means within the boundaries of Broken Bay to the North,
Nepean River to the West, Nepean River to the Southwest, and
Waterfall to the South.
b) ACT – Means the Australian Capital Territory and a 75km radius from
the Canberra GPO
c) Wollongong - means the City of Wollongong and City of Shellharbour
d) Central Coast - means the City of Gosford and the Shire of Wyong
e) All other Areas - means all other areas of the State of New South
Wales not covered by the geographic areas set out in (a) to (d) above.
OTHER DEFINITIONS
In this agreement, unless the contrary intention appears:
i. Act means the Fair Work Act 2009 (Cth), as amended from time to
time.
ii. adult apprentice means a person of 21 years of age or over at the
time of entering into an indenture or trainee 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. Approved Worker Entitlement Fund means a fund endorsed as
an approved worker entitlement fund pursuant to Division 426 in
Schedule 1 to the Taxation Administration Act 1953 (Cth)
v. construction work means all work performed under this agreement in
connection with the erection, repair, renovation, maintenance,
ornamentation or demolition of buildings or structures, including the
prefabrication of work performed in plumbing workshops. For the
purpose of this definition maintenance is confined to employee(s)
employed by employers in the building and construction industry.
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vi. contractor means any entity which contracts to provide plumbing.
vii. continuous shift worker means an employee(s) 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. Dry area means a work area that has not become saturated by rain or
where water will not drip on the employee(s).
ix. employee means national system employee within the meaning of the
Act
x. employer means national system employer within the meaning of the
Act
xi. Fair Work Act 2009 (FW Act).
xii. immediate family includes: spouse (including a former spouse, a de
facto partner and a former de facto partner); a de facto partner means
a person who, although not legally married to the employee, lives with
the employee in a relationship as a couple on a genuine domestic
basis whether the employee and the person are or the same sex or
different sexes); child or an adult child (including an adopted child, a
step - child or an ex-nuptial child); parent; grandparent or grandchild;
or sibling; of the employee or spouse of the employee.
xiii. Inclement weather will mean the existence of rain or abnormal
climatic conditions (whether they be those of hail, snow, cold, high
wind, severe dust storm, extreme high temperature or the like or any
combination thereof) by virtue of which it is either not reasonable or not
safe for employees to continue working whilst the same prevail.
xiv. 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
xv. NES means the National Employment Standards as contained in the
Fair Work Act 2009 (Cth)
xvi. 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
xvii. 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
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xviii. Persons covered by this Agreement means the employer,
employees and the Union.
xix. plumber’s labourer means an employee primarily engaged in
assisting a plumber
xx. Redundancy means a situation where an employee ceases to be
employed by the employer other than for reasons of misconduct or
refusal of duty. Redundant has a corresponding meaning
xxi. standard rate means the minimum wage for the Plumbing and
mechanical services tradesperson in Appendix 1.
xxii. WHS Act means Work Health and Safety Act
xxiii. WHS Representative means an employee elected as such in
accordance with the WHS Act. Party or parties to this Agreement
means the employer, employees and/or the Union as the context
requires.
8. INDIVIDUAL FLEXIBILITY ARRANGEMENT
8.1 The terms of the Agreement may be varied by an individual flexibility
arrangement (“IFA”).
8.2 The Employer will not make an IFA unless the following conditions are
satisfied:
8.3 The IFA must be about matters that would be permitted matters if the
arrangement were an enterprise agreement.
8.4 The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement.
8.5 The IFA must be genuinely agreed to by the employer and the
employee.
8.6 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.
8.7 The IFA must be able to be terminated:
8.8 by either the employee, or the employer, giving written notice of not
more than 28 days; or
8.9 by the employee and the employer at any time if they agree, in writing,
to the termination.
8.10 The IFA must be in writing and signed:
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8.11 in all cases by the employee and the employer; and
8.12 if the employee is under 18 by a parent or guardian of the employee;
and
8.13 The IFA must be given to the employee within 14 days after it is agreed
to.
9. STATUTORY MATTERS COVERED BY STATE LEGISLATION
The following NSW & ACT State Acts and the regulations, as amended, where
relevant and provided they are not in conflict with the requirements of the Fair
Work Act 2009, 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
Employer and Employees bound by this Agreement:
(a) Long Service leave Act 1955
(b) Long service leave (portable schemes) Act 2009
(c) Building and Construction Industry Long Service Payments Act 1986
(d) Workplace Injury Management and Compensation Act 1998; and
(e) Work Health and Safety 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.
If at any time during the life of the agreement any new legislation is enacted it
will be deemed to cover this agreement.
Part 2 - CONSULTATION AND DISPUTE RESOLUTION
10. CONSULTATION CLAUSE
10.1 This term applies if the employer:
(a) has made a definite decision to introduce a major change to
production, program, organisation, structure or technology in relation to
its enterprise that is likely to have a significant effect on the employees;
or
(b) Subject to Clause 23, proposes to introduce a change to the regular
roster or ordinary hours of work of employees.
Major Change
10.2 For a major change referred to in paragraph 10.1(a):
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(a) the employer must notify the relevant employee(s) of the decision to
introduce the major change; and
(b) subclauses 10.3 to 10.9 apply.
10.3 The relevant employee(s) may appoint a Union representative (or other
representative if any) for the purposes of the procedures in this term.
10.4 If:
(a) relevant employee appoints, or relevant employees appoint, a Union
representative (or other representative if any) for the purposes of
consultation; and the employee or employees advise the employer of the
identity of the representative;
the employer must recognise the representative.
10.5 As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employee(s) and the employee’s Union
representative (or other representative if any):
(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
employee(s) and the employees’ Union representative (or other
representative if any):
(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.
10.6 However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employee(s) and/or the
employee’s Union representative (or other representative if any).
10.7 The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employee(s) and/or the employee’s
Union representative (or other representative if any).
10.8 If a term in this agreement provides for a major change to production,
program, organisation, structure or technology in relation to the enterprise of
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the employer, the requirements set out in paragraph 10.2(a) and subclauses
10.3 and 10.5 are taken not to apply.
10.9 In this Clause, a major change is likely to have a significant effect on
employees if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the
employer’s workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to Regular Roster or Ordinary Hours of Work
10.10 For a change referred to in paragraph 10.1(b):
(a) the employer must notify the relevant employees and the
employees’ Union representative (or other representative if any) of
the proposed change; and
(b) subclauses 10.11 to 10.15 apply.
10.11 The relevant employees may appoint a Union representative (or other
representative if any) for the purposes of the procedures in this term.
10.12 If,
(a) a relevant employee appoints, or relevant employees appoint, a
Union representative (or other representative if any) for the
purposes of consultation; and
(b) the employee or employees advise the employer of the identity of
the Union representative (or other representative if any);
the employer must recognise the representative.
10.13 As soon as practicable after proposing to introduce the change, the employer
must:
(a) discuss with the relevant employee(s) and/or the employees’ Union
representative (or other representative if any) the introduction of the
change; and
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(b) for the purposes of the discussion—provide to the relevant employees
and/or the employees’ Union representative (or other representative if
any)
(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 employee(s) and/or the employee’s Union
representative (or other representative if any) to give their views
about the impact of the change (including any impact in relation to the
relevant employee’s family or caring responsibilities).
10.14 However, the employer is not required to disclose confidential or
commercially sensitive information to the relevant employees or the
employee’s Union representative.
10.15 The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employee(s) and/or the employees’ Union
representative.
10.16 This Clause is to be read in conjunction with Clause 23
11. CONSULTATIVE MECHANISMS
Any matter arising as a result of the introduction of this Agreement will be
implemented by way of a Company Consultative Committee consisting of
equal numbers of management and employee representatives. The
consultative committee must convene within 6 months of commencement of
agreement and additional meetings being convened at the request of either
party.
11.1 CONSULTATION ON MAJOR PROJECTS
a) The Employer, upon notification of successful tenders on a Building
and construction project or Infrastructure Construction Project, where the
total project value is over $100 million, must provide the following
information in writing to the Branch Secretary and elected Union
delegates within seven days:
(i) job location.
(ii) estimated duration.
(iii) start date.
(iv) type of work.
(v) estimated workforce
(vi) the number of estimated apprentices engaged on the project;
and
(vii) the name of the principal contractor on the job
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Consultation And Industrial Relations on Infrastructure Projects And Major
Building & Construction Projects
For the purposes of this clause Major building & construction Infrastructure projects
means building & construction projects with a total construction value which
exceeds $250 million dollars.
a) With respect to work performed on infrastructure projects or major building
and construction projects, all persons covered by the Agreement acknowledge
the importance of working together, in a manner consistent with the terms of
the Agreement, to try to reach agreement on matters which may otherwise
give rise to industrial disputation. Accordingly, when the Employer is to begin
work on an infrastructure project or major building and construction project,
the Employer shall consult with the employees in accordance with this clause
work on an infrastructure project or major building and construction project,
the Employer shall consult with the employees in accordance with this clause.
b) In the normal course, it is expected that consultation will occur within the 14
days leading up to the commencement of the work. If for any reason this does
not occur, or if the Employer has less than 14 days’ notice of the need to
commence work, consultation will occur as soon as reasonably practicable -
and in any case not more than 14 days after the commencement of the work.
For the purposes of this clause, consultation means genuine and meaningful
discussions where the Employer must seriously consider and take into
account the positions put forward.
c) The Employer will consult over the following matters, insofar as they relate to
the manner in which work will be conducted on the project within the
framework of that Employer:
i. the employment of apprentices.
ii. conditions of employment on site.
iii. diversity in employment.
iv. the consideration of employment of local labour for work in regional
areas.
v. the consideration of employment of persons with appropriate skills
vi. and experience to carry out the duties of Union Delegate and Health
vii. & Safety Representative on a particular major construction project
viii. and within the context of the Employer’s business and their
ix. expectations; and
x. site amenities.
e) For clarity, nothing in this clause shall operate to:
i. remove the right of an employee to choose their own representative;
ii. impact the provisions of the Work Health and Safety Act, including
those dealing with the election of Health and Safety Representatives;
iii. impact an employee’s right to be, or not be, a member of an industrial
association.
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These matters shall be communicated to the employees prior to consultation
occurring in accordance with this clause.
Should a dispute arise with respect to this clause, including any of the above
matters it shall be dealt with in accordance with the
Disputes Settlement procedure.
12. DISPUTES RESOLUTION PROCEDURE
This Agreement recognises the union as a legitimate representative of the
employees covered by this Agreement. However, employees are free to be
represented or not represented by industrial associations.
12.1 A major objective of this Agreement is to eliminate lost time and/or
production arising out of disputes or grievances. The parties to this
Agreement are committed to complying with the terms of this procedure.
Disputes relating to any of the following must be dealt with according to the
procedure in this clause:
• any matter arising under this Agreement.
• the NES; and
any matter pertaining to the relationship between the employer and the
employees. Provided that nothing in this clause prevents a party to the
dispute from applying to a court for orders in relation to contraventions of civil
remedy or penalty provisions.
Procedure
Disputes will be dealt with according to the following procedure.
Step 1—Workplace level
• In the first instance, the parties to the dispute will take genuine steps to try
and resolve the dispute at the workplace level.
Step 2—Referral to the FWC
• If a party to the dispute refers the Decision for review to the FWC, all parties
to the dispute irrevocably consent to the FWC dealing with the dispute,
including by arbitration.
• The FWC may deal with the dispute by conciliation, arbitration, or by the
exercise of any of its other powers under the FW Act, or by any combination
of methods.
• If the FWC deals with the dispute by arbitration:
• by a single member of the FWC and makes an arbitral award (FWC
Decision):
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• any party to the dispute (or its representative) may, within twenty-one (21)
days after the date of the FWC Decision, appeal to a Full Bench of the FWC;
• if no party appeals from the FWC Decision within the period stated in above,
that FWC Decision will be final and binding on the parties to the dispute.
• by a Full Bench of the FWC and makes a decision, the decision will be final
and binding on the parties to the dispute.
Steps available in the event of non-compliance by a party
• If any party to the dispute fails or refuses to comply with or participate in
Step 1 of this clause, any other non - breaching party to the dispute (or its
representative) may, in its absolute discretion: -
• refer the dispute to the FWC to deal with the dispute by conciliation,
arbitration, or by the exercise of any of its other powers under the FW Act,
or by any combination of methods.
Enforcement - Finality of a Decision
• Subject only to the rights of review / appeal expressly provided for in this
clause, a Decision or an FWC Decision is final and binding and may be
immediately enforced.
Enforcement of a Decision
• All parties to a dispute must comply with, and give effect to, any Decision or
FWC Decision.
• A party to a dispute that fails to comply with, or give effect to, a Decision or
FWC Decision, contravenes this clause.
• The parties agree that:
(a) any Decision or FWC Decision may be enforced by an action seeking
appropriate remedies (including, but not limited to, payment of a debt,
damages, or specific performance) in any court of competent jurisdiction;
and
(b) interest will accrue on any sum payable under a Decision at the rate
prescribed from time to time in respect of pre-judgment interest under the
Rules of the Federal Court of Australia.
Status quo
• While the dispute is being dealt with in accordance with the procedure in
this clause:
• the parties will maintain the status quo existing immediately prior to the
subject matter of the dispute arising. Neither party will engage in any
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industrial stoppages, bans and or limitations. Work shall continue in
accordance with the status quo unless an employee has a reasonable
concern about an imminent risk to their health or safety; however
• the employer may direct an employee to perform other available work at the
same workplace, or at another workplace, on the same terms and
conditions of employment, if it is reasonable to do so to protect the health,
safety or welfare of employees.
• For the avoidance of doubt, “Maintain the status quo” means that the
action giving rise to the dispute will be withdrawn, and the situation
immediately prior to the action giving rise to the dispute will apply until the
dispute is resolved.
Employee participation and representation
• Employees are entitled to a representative of their choice, including a
Union representative, for the purposes of this clause.
• Employees to whom a dispute directly relates and who are necessarily
required to participate in the procedure provided for in this clause are
entitled to do so without loss of pay.
• Employees who are required to attend as a witness in an arbitration are
entitled to do so without loss of pay.
• In the event that the parties to the dispute fail to agree on the identity or
number of persons who qualify under this clause, the question will be
determined by the FWC as part of the dispute.
13. PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS
This procedure shall be followed in good faith and without unreasonable
delay. If an issue is not settled by observance of this procedure, or if the
procedure is disregarded by either party, the matter will be dealt with in
accordance with Clause 12 – Disputes Resolution Procedure of this
Agreement. Nothing in this Agreement shall take precedence over the WHS
Act.
Parties To The Resolution Of Issues
• The employer must nominate management representatives who are
responsible for dealing with specified health and safety issues, and must,
so far as is practicable: -
• notify the employees of the nominations in the manner that is, and in the
languages that are, appropriate; and
• notify in writing the health and safety committee of the nominations.
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• At any stage in the resolution of an issue, any party may call in the
employee / employer representative or advisor to assist the parties to
resolve the issue. If the person invited to assist the parties is a building
association official, that building association official must personally hold
a valid right of entry permit under the FW Act to enter premises where
construction work is performed.
Procedure For Reporting Issues
• If an employee wishes to raise a health and safety issue in a workplace,
that employee must report it to the health and safety representative or the
employer’s supervisor.
• If the health and safety representative is not able to be contacted, an
employee wishing to raise a health and safety issue in a workplace, must
report it to the employer’s safety supervisor or another employer
representative.
• An employee may take all steps that are necessary, including leaving the
employee's part of the workplace, to report an issue.
• If the employer identifies a health and safety issue it may report it to the
health and safety representative.
Procedure For Resolving Issues
• As soon as possible after an issue has been reported, the employer’s
safety supervisor or another management representative and the health
and safety representative must meet and try to resolve the issue.
• The resolution of the relevant issue must take into account any of the
following factors that may be relevant:
• whether the hazard or risk can be isolated.
• the number and location of employees affected by it.
• whether appropriate temporary measures are possible or desirable.
• whether environmental monitoring is desirable.
• the time that may elapse before the hazard or risk is permanently
corrected.
• who is responsible for performing and overseeing the removal of the
hazard or risk.
• If any party involved in the resolution of the issue requests, the details of
the issue and all matters relating to its resolution must be set out in writing
by the employer to the satisfaction of all parties.
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• As soon possible after the resolution of an issue, details of the agreement
must be brought to the attention of affected employees in an appropriate
manner.
Direction To Cease Work
• an issue concerning health or safety arises at a workplace or from the
conduct of the undertaking of an employer; and
• the issue concerns work which involves an immediate threat to the health
or safety of any person; and
• given the nature of the threat and degree of risk, it is not appropriate to
adopt the processes set out in procedure for reporting issues of this
clause.
• the employer or the health and safety representative for the designated
work group in relation to which the issue has arisen may, after
consultation between them, direct that the work is to cease.
• During any period for which work has ceased in accordance with such a
direction, the employer may assign any employees whose work is
affected to suitable alternative work.
Inspector May Be Requested To Attend Workplace
• If an issue is not resolved in procedure for reporting issues of this clause,
within a reasonable time, or an issue is the subject of a direction under
direction to cease work of this clause that work is to cease, any of the
parties attempting to resolve the issue may ask the relevant health and
safety authority to arrange for an inspector to attend at the workplace as
soon as practicable to enquire into the issue.
If: -
• the inspector issues a prohibition notice; or
• otherwise determines that there was reasonable cause for employees to
be concerned for their health or safety, an employee who, as a result of
the issue arising, does not work for any period pending its resolution but
would otherwise be entitled to be paid for that period continues to be
entitled to be paid for that period if relocation is not available.
Rectification Of Safety Hazard
• Where, because of the existence of a safety hazard, a site has been
stopped for a defined period of time and employees sent off site by
agreement between Site Managers and any combination of Employee
Representative/s, Health and Safety Committee, those people who
remain on site to do rectification work will be paid at the rate of double
time for all such work.
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• This would not be applicable on normal housekeeping work or where
a section of the site has been declared unsafe and normal rectification
occurs whilst the remainder of the site carries on working. It is agreed
that any ‘housekeeping’ work performed on projects is to be paid at
single time rate.
PART 3 - TYPES OF EMPLOYMENT AND TERMINATION
OF EMPLOYMENT
14. Daily Employment
a) Except as provided in 15, employment will be daily hire. Any Employee not
specifically engaged as a casual employee will be deemed to be employed
by daily hire, excluding apprentices.
b) The following provisions will apply to daily hire employees:
(i) One day’s notice of termination of employment will be given by
either party or one day’s pay must be paid or forfeited.
(ii) Notice given at or before the usual starting time of any ordinary
working day will expire at the completion of that day’s work.
(iii) A tradesperson will be allowed one hour prior to termination to
gather, clean, sharpen, pack and transport tools; and
(iv) Nothing in this clause will affect the right of an employer to dismiss
an employee without notice for misconduct or refusing duty.
15. Casual Employment
The employer will not engage an employee as a casual employee merely to
avoid an obligation under this Agreement. An Employee must not be
engaged and re-engaged to avoid any obligation under this Agreement.
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, 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, , compassionate leave 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
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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 15 (iii), on
receiving notice under clause 15(v) or after the expiry of the time for
giving such notice, may give four weeks’ notice in writing to the
Employer that they seek to elect to convert their contract of
employment to full-time, and within four weeks of receiving such
notice the Employer must consent to or refuse the election but must
not unreasonably so refuse.
(vii) Following such Agreement being reached, the Employee converts to
full-time employment.
(viii) Once a casual Employee has elected to become and has been
converted to a full-time Employee, the Employee may only revert to
casual employment by written Agreement with the Employer.
(ix) Where, in accordance with Clause 15 (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.
16. 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.
17. TERMINATION OF EMPLOYMENT
17.1 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.
17.1.2 Apprentices Termination will be as per Clause 22.12.
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17.2 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 Agreement or the NES.
18. REDUNDANCY SCHEME
18.1 Participation in Redundancy Scheme
a) The employer will participate in the PPTEF Redundancy Scheme or other
equivalent Redundancy Scheme as agreed between the employer and
employees and make contributions to the Scheme in accordance with this
clause for each employee and the PPTEF deed (or other equivalent deed) to
provide for the payment of redundancy benefits to the employees.
Contributions will continue whilst an employee is absent on paid annual
leave, sick leave, long service leave, public holidays, jury service,
bereavement leave, workers compensation up to 26 weeks as per the
PPTEF deed (or other equivalent deed), or other paid leave.
b) The benefits to be provided to the Employees shall be equivalent to the
benefits provided by an Approved Worker Entitlement Fund (ATO Approved
Fund) that is administered and/or managed by Redundancy Payment Central
Fund Ltd (Incolink).
c) Where the PPTEF Redundancy Scheme is not used, the particular
Redundancy Scheme to receive the employer’s contributions shall be agreed
between the majority of employees and the employer. Any ATO Approved Fund
that is administered and/or managed by Incolink shall be taken as agreed to by
the majority of employees and the employer for the purpose of this clause.
d) For the purpose of clause (c) once Incolink has notified the employer of the
relevant ATO Approved Fund (Incolink Responsible Fund) the employer will
enrol to become a member and will enrol all the employees of the employer
within the scope of this Agreement in the Incolink Responsible Fund in
accordance with the constituting documents of the Incolink Responsible
Fund. The employer must abide by and pay contributions to that Incolink
Responsible Fund on behalf of each employee in accordance with the
constituting documents of the Incolink Responsible Fund. The employees
enrolled shall be entitled to redundancy benefits in accordance with the terms
of the Incolink Responsible Fund’s trust deed.
e) Where the employer is already a member of an ATO Approved Fund of which
lncolink is trustee (Appropriate lncolink Fund), the employer shall enrol all the
employees of the employer within the scope of this Agreement in the
Appropriate lncolink Fund in accordance with the constituting documents of the
Appropriate 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.
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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 Incolink
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 Incolink 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 Incolink Responsible Fund or an
Appropriate lncolink Fund.
18.2 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.
18.3 Redundancy Pay
A redundant employee will receive redundancy/severance payments in
respect of all continuous service with the employer, calculated as follows:
Period of continuous service
with an employer
Redundancy/Severance Pay
1 year or more but less than 2
Years
2.4 weeks’ pay plus, for all service
in excess of 1 year, 1.75 hours pay
per completed week of service up
to a maximum of 4.8 weeks’ pay
2 years or more but less than 3
Years
4.8 weeks’ pay plus, for all service
in excess of 2 years, 1.6 hours pay
per completed week of service up
to a maximum of 7 weeks’ pay
3 years or more but less than 4
Years
7 weeks’ pay plus, for all service in
excess of 3 years, 0.73 hours pay
per completed week of service up
to a maximum of 8 weeks’ pay
4 years or more 8 weeks’ pay
(a) Provided that an employee employed for less than 12 months will be
entitled to a redundancy/severance payment of 1.75 hours per week of
service if, and only if, redundancy is occasioned otherwise than by the
employee.
(b) Week’s pay means the ordinary time rate of pay at the time of
termination for the employee concerned.
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(c) If an employee dies with a period of eligible service which would have
entitled that employee to redundancy pay, such redundancy pay
entitlement will be paid to the estate of the employee.
(d) Any period of service as a casual will not entitle an employee to accrue
service in accordance with this clause for that period.
(e) Service as an apprentice will entitle an employee to accumulate credits
towards the payment of a redundancy benefit in accordance with this
clause if the employee completes an apprenticeship and remains in
employment with that employer for a further 12 months.
(f) Contributions paid by the employer under this clause will be paid in
accordance with the requirements of the Scheme’s trust deed.
(g) Upon termination the employee will, depending on the Scheme’s trust
deed, be paid directly by the Scheme.
(h) 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.
18.4 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 employer’s redundancy pay obligation under
this clause the obligation will be fully satisfied.
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The redundancy pay scheme must be endorsed as an Approved Worker
Entitlement Fund under Division 426 in Schedule 1 to the Taxation
Administration Act 1953 (Cth).
18.5 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.
18.6 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.
19. SHAM CONTRACTING
19.1 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.
19.2 Sham contracting means sham arrangements as described in Part 3-1,
Division 6 of the Fair Work Act.
19.3 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
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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 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.
19.4 Clause 19.3a 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.
19.5 Any use of sham contracting is a breach of this agreement.
19.6 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
12 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.
19.7 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.
19.8 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 Redundancy Fund
Payments. Any difference between the hourly rate paid to the employee, plus
CBUS and Redundancy Fund Payments will form the settlement for the
breach of this clause. The affected employee will be re-inducted and fully
informed of their entitlements under this agreement and the FWA.
19.9 The employer must ensure that a person engaged to undertake work as an
employee is lawfully entitled to be so engaged under Australian law.
19.10 Companies Will Not Engage Labour Hire.
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PART 4 RENUMERATION AND PAYMENT OF WAGES
20. PAYMENT OF WAGES
20.1 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.
20.2 Particulars of details of payment to each employee will be provided in a
statement issued to the employee at the time payment is made and will
contain the following information as required by regulation or under The Fair
Work Act 2009 (as amended):
i. employer’s and employee’s name
ii. employer’s Australian Business Number (if applicable)
iii. pay period
iv. date of payment
v. gross and net pay
vi. the ordinary hourly rate
vii. Balance of accrued RDO hours
viii. Accrued sick leave
ix. Accrued annual leave hours
x. Income protection payments
xi. Redundancy contribution
xii. the number of hours worked at that rate
xiii. the total dollar amount of pay at that rate
xiv. any loadings, allowances, bonuses, incentive-based
payments, penalty rates or other paid entitlements that can be
separated out from an employee’s ordinary hourly rate
xv. the pay rate that applied on the last day of employment
Any deductions from the employee's pay, including:
a. the amount and details of each deduction,
b. the name, or name and number of the fund / account the
deduction was paid into
i. any superannuation contributions paid for the employee’s
benefit, including:
a. The amount of contributions made during the pay period (or the
amount of contributions that need to be made),
b. The name and / or number of the superannuation fund the
contributions were made to.
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20.3 An employee whose service is terminated shall be paid the full amount
of wages, redundancy and accrued payments due, at the next full pay
period.
20.4 Time and Wages Records
In accordance with statutory requirements, the Employer 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.
Upon termination, employees who use a Company email or when payslips
are kept electronically in the Employers portal will be provided electronically
or a hard copy of all pay slips upon request.
21. SUPERANNUATION
21.1 The level of contributions paid on behalf of each employee will be in
accordance with the table below
Current Rate 11%
1st April 2024 11%
1st April 2025 11.5%
1st April 2026 12%
1st April 2027 12%
21.2 Superannuation will be paid on all ordinary time earnings, RDO’s, Travel
Allowance, Site Allowance, Productivity Allowance, Leading Hands
allowances, and all allowances specifically covered by the
Superannuation Guarantee Charge (SGC)
21.3 The Employer will contribute on behalf of each Employee the SGC of
Ordinary Time Earnings into CBUS or another complying MySuper fund
as required by the Superannuation Guarantee (Administration) Act 1992
(Cth) (SGAA). Subject to the SGAA, CBUS shall be the default fund in
the event an Employee fails to nominate another complying MySuper
fund.
21.4 The Employer will provide each employee with a copy of a form provided
by CBUS that enables the employee to give written notice to the
Employer that CBUS is their chosen fund, together with factual
information approved by the Union and CBUS to enable the employee to
exercise this choice. This will be provided:
(a) on or before commencement of their employment.
(b) if the Employer is notified by the ATO that the employee has
stapled fund; and
(c) at other times as required or requested.
21.5 The Employee will be given a reasonable opportunity to nominate CBUS
as the Employee’s chosen fund. If the Employer does not receive written
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notice from the Employee indicating their choice of fund within a
reasonable timeframe, and no later than 28 days of commencing
employment, then the Employer will provide the above information again
to the Employee along with a standard choice form specifying CBUS as
the nominated default superannuation fund.
21.6 The employer will, as part of the induction process for all new employees,
provide each new employee with written information provided by the
Union and/or CBUS about superannuation, choice of fund and the
specific benefits of construction industry focussed superannuation funds
for employees covered by this agreement.
21.7 Absence From Work
(a) Subject to the governing rules of the relevant superannuation fund,
the Employer will make the superannuation contributions provided for
in Clause 21.3 in the following circumstances:
(b) Paid Leave
Contributions will continue whilst a member of a Fund is absent on
paid annual leave, sick leave, for the purposes of taking long service
leave, public holidays, jury service, bereavement leave, or any other
paid leave.
(c) Unpaid Leave
Contributions will not be required in respect of any period of absence
from work without pay of one day or more.
(d) Work Related Injury Or Illness
In the event of an eligible Employee’s absence from work (subject to
maximum of 52 weeks) of the Employee due to work related injury or
work-related illness, contributions at the normal rate will continue for
the period of the absence provided that: -
The member of the fund is receiving workers compensation payments
or is receiving regular payments directly from the Employer in
accordance with statutory requirements or the provisions of this
Agreement; and the person remains an Employee of the Employer.
21.8 EMPLOYEE CONTRIBUTIONS
(a) The Employee can elect to salary sacrifice part or all of his or her
wages or other allowable entitlements into a superannuation fund of
the Employee's choosing provided that:
i. The arrangement complies with relevant legislation and Employers
policy as amended from time to time.
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ii. The Employee notifies the Employer of his or her election to
salary sacrifice in writing prior to the wages and/or allowable
entitlements being earned or accrued by the Employee;
iii. The superannuation fund is a complying superannuation fund;
The amount to be paid into the superannuation fund plus any
balance of wages and/or allowable entitlements is equivalent to
what the Employee would have been entitled to as wages
and/or allowable entitlements under this Agreement.
21.7 All Superannuation contributions under this Agreement will be paid
monthly as required by the Cbus Trust Deed where applicable.
PART 5 APPRENTICES
22. GENERAL
22.1 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 in the Appendix.
22.2 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.
22.3 Attending College/School.
Apprentices will be paid all wages and allowances, including but not
limited to travel and site allowance as specified by this Agreement for
time spent attending college/school in the course of their
apprenticeship. All time spent attending college/school in the course
of the apprenticeship will count as time served for all purposes.
Apprentices Attending Technical College On RDO
22.3 a 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.
22.4 Except where it is inconsistent with this clause, the provisions of the
Plumbing and Fire Sprinkler Award 2010 will apply to apprentices.
22.5 Fees due to be paid 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 to complete the
course will be the responsibility of the apprentice.
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22.6 All Apprentices will be enrolled and attend the PICAC Glenwood
Training Centre.
22.6 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.
22.7 Any disputes arising out of the provisions of this clause shall be dealt
with through the dispute settlement procedure.
22.8 The provisions of this clause shall not apply to school-based
apprentices.
22.9 An apprentice will not work under any system of payment by results.
22.10 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.
22.11 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.
22.12 Termination of Employment for Apprentices
An apprentice is entitled to notice of termination, unless they’re:
• employed for a specified period, such as a training contract.
• dismissed for Serious Misconduct
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PART 6 HOURS OF WORK AND RELATED MATTERS
23. ORDINARY HOURS OF WORK
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 four-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 and can be taken as a paid day off.
The tenth day shall be known as the Rostered Day Off or ‘RDO’.
b) RDO’s shown as flexible RDO’s in the RDO Calendar (Appendix 6)
can be worked and banked.
c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours
during Designated Long weekends.
d) Subject to Clause 23.6, RDOs not attached to a Designated Long
Weekend are paid at the ordinary time rate paid to Employees at the
time of taking the RDO, and on all RDOs payment shall include the
daily ‘TRAVEL Allowance’, and any applicable allowances as
prescribed by this Agreement.
e) For clarity, 26 RDOs shall be accrued by an Employee in each
twelve months continuous service.
f) Each day of paid leave taken and any public holiday occurring
during any cycle of two weeks will be a day worked for accrual
purposes.
g) Upon commencement of employment, Employees who have not
worked a complete ten day/two-week cycle, shall receive pro-rata
accrual entitlements for the first RDO or group of RDOs falling after
their commencement of employment. Thereafter, for the duration of
employment with that employer, RDOs will be paid in full as they
occur.
23.3 RDO Schedule, Public Holidays, Designated Long Weekends and
Christmas Annual Leave
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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,
Flexible Rostered Days Off, Scheduled Rostered Days Off and
Christmas/Easter Annual Leave shutdown for 2024, 2025, 2026 and
2027.
b) On the last day of work prior to a Designated Long Weekend, as far
as practical, work shall cease by 3.30pm.
23.4 Work on Scheduled RDOs and Designated Long Weekends for
projects other than Identified Projects.
a) The Employer 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 Employer 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 Employer 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 23.4 a)
shall be paid for at ordinary time rates of pay, including the daily ‘Travel
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
‘TRAVEL Allowance’ and any applicable allowances as prescribed by this
Agreement and the Employee shall bank an additional RDO over and
above the time accrued.
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e) All Employees who work on the Scheduled RDO will be granted an
alternative RDO to another day falling within six weeks of the originally
scheduled day provided that the re-scheduled RDO is to be taken on a day
or days adjacent to a ‘weekend or in conjunction with annual leave, or as
otherwise agreed by the Employee and the Employer, such agreement not
to be unreasonably withheld.
23.5 Work on Scheduled RDOs and Designated Long Weekends for
Identified Projects
This sub clause will apply for Work on Scheduled RDOs and Designated Long
Weekends for Identified Projects that are structured over a 5-day, Monday to
Friday working week.
Hours of Work
The provisions of Clause 23.1 of the Agreement apply.
Overtime
a) It is the intention of the Employer and Employees that excessive
overtime will not be worked.
b) To this end the general standard of weekly hours will usually not be
more than 50 hours per week, which shall be taken to mean not more
than 10 hours per day Monday to Friday, for an individual Employee.
The aforesaid ‘usual weekly hours’ of the affected Employees may by
agreement be exceeded from time to time to perform works which the
Employer considers necessary and to meet operational requirements,
including but not limited to the need to perform works which are critical to
the ongoing productivity or safety of other employees on the project or
where a critical work task is delayed due to unforeseen circumstances.
c) Reflecting this intention, it is recognised that the Employer is not
restricted as to the setting of daily hours within the 50-hour general
standard.
d) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours
which are unreasonable having regard to matters including:
(i) any risk to Employee health and safety including the risk of fatigue
i.e. excessive hours,
exposure to noise, fumes, or any matter that can impair an
Employee’s ability to work safely and/or create a danger to
Employees; or
(ii) the Employee’s personal circumstances including any family
responsibilities; or
(iii) the notice (if any) given by the Employer of the overtime and by the
Employee of his or her intention to refuse it; or
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(iv) any other relevant matter.
Rostered Days Off
The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply
with the following exceptions:
i. Projects will be fully operational on all scheduled RDOs days not
attached to a Designated Long Weekend (which include the Easter
and Christmas shutdown periods).
If an Employee works on a scheduled RDO, they will take the accrued
RDO as a substitute day within prior to the next scheduled RDO from the
Scheduled RDO falling in the RDO calendar.
23.6 Banking Of RDO’s
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.
23.8 Employees will be entitled to take five minutes immediately before lunch
and 10 minutes before finishing time to enable them to wash and put away
gear. The washing time breaks will be counted as time worked.
23.9 Where an employee is required to undertake inductions, or any other site-
specific online training after hours, they will be paid a minimum of 4 hours
pay at the appropriate rates. If the induction is time stamped then the
employee will only be paid for the time taken to do the inductions or any
other training that may be required.
23.10 Upon ceasing employment with the Employer, Employees with RDO
Accruals will receive 1 days Travel Allowance for every 7.2 Hours
accrued.
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
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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.
24.3 a One Break Per Day
If for any reason only One (1) break is taken per day, any time worked
after Eight (8) will be deemed as overtime and appropriate penalties
rates will apply. Applicable to Monday to Friday work only.
For Example:
Start Time 6.00 a.m. – 30 Minute Break – penalties apply after 2 p.m.
Start Time 7.00 a.m. – 30 Minute Break – penalties apply after 3 p.m.
24.4 Overtime Rest Breaks
(a) When an employee is required to work overtime after the usual
ceasing time for the day for two hours or more, the employee will be
allowed to take without deduction of pay, a rest break of 20 minutes
in duration immediately after such ceasing time and thereafter, after
each four hours of continuous work, the employee will be allowed to
take also, without deduction of pay, a rest break of 30 minutes in
duration.
(b) In the event of an employee remaining at work after the usual ceasing
time without taking the rest break of 20 minutes and continuing at
work for a period of two hours or more, the employee will be regarded
as having worked 20 minutes more than the time worked and be
paid accordingly.
(c) For the purpose of this clause usual ceasing time is at the end of
ordinary hours inclusive of time worked for accrual purposes as
prescribed in clause Ordinary Hours of Work.
(d) Where an agreement is reached pursuant to clause 24.2, the
agreement may make provision for the variation of work breaks to suit
the arrangement of hours of work.
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25. OVERTIME
25.1 Overtime Generally
All overtime will be paid at the rate of double time.
25.1.2 Call-Back
An employee recalled to work overtime after leaving the employer’s
business premises (whether notified before or after leaving the
premises) will be paid for a minimum of three hours work at the
appropriate rates for each time the employee is so recalled. Except in
the case of unforeseen circumstances the employee will not be
required to work the full three hours if the job or jobs the employee
was recalled to perform is completed within a shorter period. When an
employee is recalled to work after leaving the employer's business
premises prior to the expiration of a ten-hour break after ordinary
ceasing time and the actual time worked on the call out does not
exceed three hours, the provisions of this clause will not apply. In
addition:
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.
25.1.3 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.
25.1.4 Transport After Overtime Or Holiday Work
When an employee, after having worked overtime for which the
employee has not been regularly rostered or on a prescribed holiday,
finishes work at a time when reasonable means of transport are not
available the employer will pay the cost of or provide a conveyance to
their home or to the nearest public transport.
25. .1.5 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
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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.
i. 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.
ii. 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.
26. WEEKEND WORK
26.1 All time worked on a Saturday or a Sunday will be paid for at double
time of the appropriate rate.
26.2 An employee required to work on a Saturday or Sunday will be afforded
at least three hours’ work on a Saturday or a Sunday or will be paid for
four hours on a Saturday or 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 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.
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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 an RDO 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 28 - 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).
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 half (150%).
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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
51 - 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. 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 34 – 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 29 - Inclement Weather, will
apply.
29. INCLEMENT WEATHER
29.1 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.
29.2 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.
29.3 Once the meeting has occurred, the following shall apply:
Transfers
29.4 Employees may be transferred to an area or site not affected by
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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. 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.
b. the new site is under cover and the employees can get to the dry
area without going through the rain.
c. adequate protection for the employee’s tools is provided; and
d. Employees have access to all amenities without having to walk
through the rain.
29.5 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
29.6 Where, because of inclement weather, the employees are prevented
from working and have been sitting in the sheds for:
a. more than an accumulated total of 4 hours of ordinary time in any
1 day; or
b. more than 50 percent of the normal afternoon work time after the
meal break; or
c. more than 50 percent of the normal afternoon work time after the
meal break; or
d. more than an accumulated total of one hour during the final 2
hours of the normal workday; or
e. the reason that they are unable to access the amenities.
29.7 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
29.8 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.
29.9 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. a covered walkway and or adequate protection for the employee and
their tools has been provided.
b. the sheds are under cover and the employees can get to the dry area
without going through the rain; and
c. employees have access to all amenities.
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Employees Required to Work in Inclement Weather
29.10 The employer may only request an employee to 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.
29.11 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.
29.12 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
29.13 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.
29.14 The following conditions will apply:
a. 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.
b. The employee will be credited with 32 hours at the commencement of
each four-weekly period. Hours will not accumulate or be carried
over.
c. 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
d. The number of hours credited to an employee will be reduced by the
number of hours for which payment is made.
29.15 Payment under this clause will be weekly.
30. 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
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give the employer proof of such attendance and the amount received in
respect of such jury service.
The employee must notify the Employer as soon as practicable of the date
upon which their attendance is required and must provide the Employer
with proof of attendance, the duration of such attendance, and the amount
received in respect thereof.
31. PROTECTIVE CLOTHING
31.1 UPON COMENCEMENT Employees will be issued with Two Shirts.
Within 152 Hours worked, all new employees will receive the following
Protective Clothing:
(a) Two (2) Long Sleeve or Short Sleeve Shirts
(b) Two (2) Pairs of Trousers or Shorts or Overalls
(c) One (1) Pair Boots to the value of up to $125.00
(d) One (1) Jacket
31.2 Protective Clothing shall be replaced on a fair wear and tear basis.
31.3 The protective clothing detailed above shall be divided into two issues
and distributed to employees as a summer and winter issue.
31.4 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.
31.5 The clothing detailed above can be varied following agreement
between the employer and the consultative committee.
31.6 For Employees working Underground on road Infrastructure, the
employer will supply each Employee with a Versa Flo Mask or
equivalent with consultation with all parties to this agreement.
32. COMPENSATION FOR TOOLS AND CLOTHING
32.1 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.
32.2 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
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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.
32.3 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 32.2 applies.
32.4 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.
32.5 For the purposes of this clause:
(a) Only tools used by the employee in the course of their
employment will be covered by this clause. In that regard a list
of tools appropriate for this purpose is contained in Appendix 3.
(b) The employee will, if requested to do so, furnish the employer
with a list of tools so used.
(c) Reimbursement will be at the current replacement value of new
tools of the same or comparable quality.
(d) The employee will report any theft to the Employer and the
police prior to making a claim on the employer for replacement
of stolen tools.
33. 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 Employer will, as part of this Agreement take
out a Top Up, 24 hr. accident and sickness insurance with Windsor
Management Insurance Brokers 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
Employer will not exceed $26.00 per week.
PART 7 ALLOWANCES
34. TRAVEL ALLOWANCE
34.1 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.
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34.2 Travel allowance will be in accordance with the charts contained at
Appendix’s.
34.3 An employee will be paid travel on RDOs.
a) The travelling 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.
34.4 Transfer Between Job Sites During Working Hours
a) Employees transferred from one job site to another during
ordinary working hours must be paid their ordinary rate of pay for
the time occupied in travelling, and unless transported by the
employer, will be reimbursed the reasonable cost of fares by the
most convenient public transport between such job sites.
b) Where the employer requests an employee to use their own
vehicle to affect such a transfer, and the employee agrees to do
so the employee will be paid an allowance at the rate of $0.74 per
kilometre.
34.5 Standard Travelling Time Allowance
The standard travelling time component is an amount based on travel
within the boundaries of Broken Bay to the North, Nepean River to the
West, Wollondilly to the South West, and Waterfall to the South.
34.6 Mileage Allowance For Travel Beyond Defined Radius
a) An employee entitled to the additional travelling time allowance
beyond the defined radius under clause 34.5 and who uses their
own vehicle for such travel is to be paid an amount equivalent to
$0.74 per kilometre as reimbursement for the additional fuel costs
incurred covering the combined distance from the defined radius to
the job site and return to the defined radius.
b) An employee who lives close to the boundaries of the defined
radius and who is requested to travel beyond the defined radius
can reach mutual agreement between the employer and employee
for the excess travel allowance not to be paid on fair and
reasonable grounds that the employee is not travelling further than
what would be considered a normal day’s travel to a job site within
the defined radius.
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35. SITE ALLOWANCE
Site allowance will be paid for all hours worked in Sydney, ACT, Central
Coast & Wollongong and all other areas. This Includes Workshop Pre-
Fabrication, Apprentices attending Vocational Training, Employees
Attending Training courses and any Training attended by the employee as
per the Appendix 1 and 2,
36. MATRIX – PROJECTS IN EXCESS OF 1 BILLION
For projects with a value in excess of $1 billion, Employees will receive an
additional site allowance of 15 cents for every $100 million or part thereof.
This is an additional allowance on top of any other applicable allowances.
37. 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 $1 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.
38. MEALS WHEN WORKING OVERTIME
An employee required to work overtime for at least 1.5 hours after working
ordinary hours will be paid by their employer an amount in the table below
to meet the cost of a meal, plus an additional meal allowance for each
subsequent four hours worked. The employer may provide a meal or meals
instead of paying any such allowance.
Current Rate $12.47
1st April 2024 $15
1st April 2025 $20
1st April 2026 $20
1st April 2027 $20
39. LEADING HAND ALLOWANCE
1-10 employees = $35 per week.
10 + employees = $55 per week.
40. 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
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paid an additional $1 or part thereof; with an additional $1 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 40(a).
41. 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
41(a).
42. LIVING AWAY FROM HOME – DISTANT WORK
42.1 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.
42.2 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.
42.3 Entitlement
Where an employee qualifies under 42.1 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
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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 42.3 (a).
42.4 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 34 - Travel, for the period occupied in travelling from
their usual place of residence to the distant job, but in lieu thereof will be
paid:
Forward Journey
a. 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).
b. 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.
c. 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.
Return Journey
a. An employee will, for the return journey, receive the same time, fares,
and meal payments as provided in 42.4(a) above, together with an
amount of $17.24 to cover the cost of transport from the main public
transport terminal to their usual place of residence.
b. 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.
c. 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.
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42.5 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 34 – Travel.
42.6 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.
42.7 Construction Camps
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.
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.
Camp Meal Charges
Where a charge is made for meals in a construction camp, such charge
will be fixed by agreement between the parties.
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42.8 Rest and Recreation
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 42.8.(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).
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.
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.
Flexible Rostered Day off
If the employer and employee so agree in writing, the paid rostered day off
as prescribed in clause 23 – Ordinary Hours of work, may be taken, and
paid for, in conjunction with and additional to rest and recreation leave as
prescribed in 42.8, or at the end of the project, or on termination whichever
comes first.
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42.9 Termination
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.
43. AGREEMENT AWARENESS COURSE
All Parties covered by this Agreement are all stakeholders in the Plumbing and
Construction Industry.
Stable working environment and harmonious relations are required to improve
the relationship between the Employer, the Employee’s.
All stakeholders benefit from industrial harmony which leads to increase
productivity.
Accordingly, all employees covered by this Agreement will be encouraged to
undertake an Agreement Awareness course (AAC) before 1 April each year
commencing as of 2026. The training will be facilitated by one of the agreed
training providers listed below.
For the purposes of this clause the agreed training providers that are as
follows:
i. CEPUTEC;
ii. Plumbing And Pipe Trades Employees Union NSW Branch; and
iii. PICAC Training.
• The aim of the training is to ensure that the Employees covered by this
Agreement have an understanding of the following provisions of this
agreement:
i. Key Objectives.
ii. Scope & Application.
iii. Commitments.
The AAC may be delivered online or face to face. The method of delivery of the
AAC will be determined by the relevant training provider.
Each Employee who successfully completes the AAC must be issued
with a statement of attainment on successful completion of the AAC. The
statement of attainment will be valid for a period of twelve (12) months only,
Between the 1st April and 31st March the following year.
From 1st April 2026, an Allowance will only be payable to those employees who
have successfully completed the AA course and submitted to the Employer a
copy of the statement of attainment. this statement of attainment s valid only for
the period 1st of April until the 31st March of the following year.
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There will be no retrospective payments of the allowance listed below.
The cost of the course and time to undertake the course will be the
responsibility of the Employee.
The AAC Productivity Allowance from the 1st of April 2026 will be $3.50 per
hour for all hours worked, From the 1st of April 2027 the Productivity Allowance
will be $4.20 for all hours worked.
44. UNDERGROUND INFRASTRUCTURE ALLOWANCE
From the 1st of April 2024, an infrastructure allowance of $2.50 for all hours
worked shall be paid to those employees engaged on Underground Road
Infrastructure and rail projects.
The infrastructure allowance will be paid in addition to the Site Allowance as
contained in this agreement.
Apprentices shall be paid Infrastructure allowance.
All employees engaged on Underground Road Infrastructure and rail projects
will be eligible for this allowance, including any work on the surface and
enabling works.
PART 8 LEAVE AND PUBLIC HOLIDAYS
45. 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 King’s Birthday
Good Friday Labour Day
Easter Saturday Christmas Day
Easter Monday Boxing Day
Further, an employee will be entitled to any State Act or State declared
substitute days or additional days as observed in the particular state or
locality. Where the business is situated near a state or territory border and
the employer’s operations traverse the border, the employer may elect to
follow a particular state or territory's public holidays, subject to agreement
with the affected employees.
In addition to the above-mentioned holidays the following public holiday will
apply in the City of Newcastle - Show Day. This public holiday will be
observed on the local Show Day as gazetted for the City of Newcastle
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when that day, in the locality of the employer's premises, occurs on an
employee's ordinary working day.
45.1 When Public Holidays Fall On A Weekend
(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will
be observed on 27 December.
(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be
observed on 28 December.
(c) When New Year's Day or Australia Day is a Saturday or Sunday a
holiday in lieu will be observed on the following Monday.
(d) By agreement between an employer and the majority of employees’
other days may be substituted for the days prescribed in Clause 45.
45.2 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.
45.4 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.
46. PERSONAL LEAVE
46.1 The provisions of personal leave under this agreement shall be in
accordance with the National Employment Standards (NES).
Paid personal leave will be available to an employee when they are absent
due to:
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(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).
46.2 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 46.5 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.
46.3 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.
46.4 Personal leave accumulates from year to year.
46.5 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.
46.6 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.
46.7 Immediate Family Or Household
(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
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(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.
47. CARER’S LEAVE
The provision of carer’s leave under this agreement shall be in accordance
with the National Employment Standards (NES).
48. COMPASSIONATE LEAVE
The provision of Compassionate leave under this agreement shall be in
accordance with the National Employment Standards (NES).
49. PARENTAL LEAVE
The provision of parental leave under this agreement shall be in accordance
with the National Employment Standards (NES).
50. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
The provision of Family and Domestic Violence Leave under this agreement
shall be in accordance with the National Employment Standards (NES).
51. ANNUAL LEAVE
51.1 The provision of annual leave under this agreement shall be in accordance
with the National Employment Standards (NES).
51.2 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.
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(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 51.2(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.
51.3 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 51.2(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.
51.4 Payment For Annual Leave On Termination
(a) Rate of pay:
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.
51.5 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.
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(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 the Appendix.
51.6 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 51.1, 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 employer will give at least two months' notice to
employees of their intention so to do.
51.7 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.
52. FAMILY PICNIC DAY
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 will be required by the employer to entitle the
employee for payment for the Family Picnic Day.
PART 9 POLICIES
53. 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 Employer, HSR and/or the WHS Committee before
commencing work or as soon as practicable after work commences.
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Once the temperature reaches 35 degrees, there will be an orderly
cessation of work and preparations for safe completion 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.
53.1 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
Employer and the HSR.
If gauges are not available - or malfunction, readings shall be taken
from the nearest Bureau of Meteorology (BOM) weather station.
53.2 Humidity
Humidity creates a significant risk to workers' health and safety.
Consultation with workers must take place when humidity exceeds 75% to
assess all risks associated with the work being performed. Things taken
into account shall include:
• Monitoring and improving air flow/ventilation.
• The health/medical conditions of individual workers.
• Rescheduling work so that tasks are performed in cooler, less
humid parts of the day.
• Job rotation to reduce the amount of direct exposure to humidity.
• Provision of temporary shade and electric fans.
• Scheduled hourly drink breaks of approximately 5-10 minutes in
shade.
• Provision of cool drinking water.
• Provision of extra and regular work breaks in cooler areas (i.e. Air-
conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision.
53.3 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.
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• 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.
53.4 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.
• Individuals should seek medical advice on the effect of medication
being taken and communicate with the Employer 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.
53.5 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.
53.7 Incident Reporting
All heat related incidents are to be reported to the Employer and the PCBU.
After any reported heat related incident, the Employer shall immediately
advise the HSR, site WHS Committee and the PCBU.
The Employer must advise the HSR, site WHS Committee and PCBU of
any lost time injuries, discomfort or related complaints and absenteeism
related to heat.
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53.8 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.
53.9 Sun Safe Tips
In addition to the effects of heat, skin cancers are a major concern for
workers in the industry. The Employer 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 Employer must ensure clothing is lightweight, comfortable, well
ventilated and does not restrict movement.
• Employees are provided sunglasses that meet Australian Standards
and are safe for driving.
• Employees are provided with a broad-spectrum sunscreen with a
minimum SPF of 30+ and lip balm.
• Employees are provided with portable shade where possible and are
advised to work in natural shade where possible.
• New employees at any site shall be informed, trained and supervised in
sun safe techniques.
• All building workers should have their skin checked regularly by a
doctor, regardless of age; and
• Employees are encouraged to monitor their skin and look out for
new or unusual spots, a sore that won't heal, or a spot or mole that
has changed size, shape or colour.
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54. DRUG AND ALCOHOL POLICY
The drug and alcohol policy contained below shall apply.
• Employees shall be trained and inducted in any drug and alcohol
policies that apply to them. Failure to do so shall mean that such
policy cannot be used against them.
• Notwithstanding the above, the following Drug and Alcohol principles
shall apply:
• Where practicable, self-testing shall be available for both drugs and
alcohol.
• Drug testing may be undertaken by oral fluid testing. The equipment
used to perform the test shall be used, tested and calibrated to the
manufacturer's instructions and certified to AS 4760 (Processes for
specimen collection and the detection and quantitation of drug in oral
fluid). In the event drug testing utilises other than oral fluid testing, the
type of test must be one that establishes that that the employee has
recently used (within 48 hours) drugs and is impaired in relation to the
performance of their role.
• Alcohol testing may only be done by use of an Accredited Breath Test
device. The device must be calibrated and meet the minimum
requirements of AS 3547.
• Drug and Alcohol testing shall not be used to unfairly target employees.
54.1 Preamble
All parties in the industry are committed to the provision of safe and healthy
workplaces. The attainment of this objective can be undermined by the
hazardous use of alcohol and other drugs by some individuals on
occasions.
There are many factors which determine alcohol and other drug usage
patterns. Some relate to personal and social matters. Others may relate to
work culture and conditions.
Research has highlighted that industry has a high level of alcohol use. This
may affect Work Health and Safety.
This policy aims to facilitate the implementation of practical ways in which
workers themselves can address the alcohol and other drug issues which
affect them, their families and co-workers. It provides guidelines which may
be adapted to meet the specific conditions of different workplaces.
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54. Principles
Safety is paramount:
• Prevention of Safety and Health problems is the primary goal of alcohol
and drug policy formulation.
• Policy implementation and program management is best founded on
consultation and collaboration between employees and management.
• Employees with alcohol and / or other drug problems will be provided
with appropriate assistance, support and access to intervention
program without jeopardising their employment.
54.3 Objectives
• To establish a program run by and for workers, which enables alcohol
and other drug issues to be addressed at the workplace.
• To expand awareness of alcohol and other drug use as a Work Health
and Safety issue.
• To enable industry factors likely to influence alcohol and other drug use
(e.g. extended working hours, peer group pressure) to be recognised
and addressed.
• To provide a basis for health promotion in the industry.
• To enable a consistent approach to alcohol and other drug issues
across the industry in New South Wales.
• To set out collaborative procedures for dealing with alcohol and drug
issues on building and other sites.
• To provide a structure to assist workers to get any help they need for
alcohol and / or other drug problems, confidentially and without
jeopardising their employment.
• To enable the development of a network of people, resources and
programs managed by and sensitive to the needs of workers with
alcohol and drug problems.
54.4 Goals
• To have this alcohol and other drugs policy adopted for implementation
in workplaces by meetings of employees.
• To increase knowledge amongst workers about health and safety risks
associated with alcohol and another drug use.
• To maintain optimum safety on site and to reduce the harmful impact of
alcohol and other drug use.
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• To provide education about the safe use of alcohol and other drugs.
• To train and resource health and safety representatives and other
relevant personnel (where appropriate) to assist co-workers who are
affected by alcohol and/or other drugs.
54.5 Policy Implementation and Management
• Properly constituted Work Health and Safety (WH&S) Committees or,
where there is no WH&S Committee, Site Safety Supervisors / Safety
Officers in conjunction with worker representatives, are the appropriate
bodies to implement and administer alcohol and drug policy / programs.
• For the objectives of this policy to be achieved, the full cooperation of the
Employer and Employees is required.
54.6 Application of Policy
The policy is to apply to all Employees and staff without distinction.
54.7 Persons Affected by Alcohol and/or Other Drugs
• A person who is under the influence of alcohol and/or any other drug will
not be allowed to work on site whilst he/she is incapable of performing
safe work practices.
• Any person who believes another person is a risk to his/her own or
another’s safety should advise a Health and Safety representative (HSR)
in confidence. The HSR shall take appropriate action, based on his/her
assessment of the situation.
• If the matter remains unresolved, the WH&S Committee and
management in consultation with the person concerned and the person’s
representative will decide whether that person is capable of performing
safe work practices.
• Disciplinary action may be taken by management following consultation
with the WH&S Committee and the person’s representative.
• If disciplinary action is to be taken, one verbal warning, one written
warning shall apply.
• The WH&S Committee will, as a matter of course, follow up to ensure
that the person is aware of the policy and resources available to people
with alcohol and/or other drug problems, or other problems which may
underlie them.
• (Where “WH&S Committee” is referred to hereafter, read “body
nominated to implement policy on site”).
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54.8 Rehabilitation / Counselling
• If a person is undertaking rehabilitation or counselling, he/she is entitled
to sick leave, negotiated leave without pay and other benefits provided
for by the Agreement.
• An affected person will not be disadvantaged as a result of undertaking
rehabilitation or counselling.
• The Employer will liaise with the person’s representative to enable
appropriate assistance and support to be made available to him/her
during and on completion of rehabilitation (with his/her permission).
• Confidentiality is to be maintained in all matters relating to the
rehabilitation and counselling, employment arrangements etc. of
individuals.
54.9 Employees At-Risk Through Medication Use
• Employees who are taking medication which might affect their ability to
undertake any kind of work safely, should advise an HSR or the First Aid
Officer, who will act immediately to eliminate the risks.
• No employee will be disadvantaged by his/her actions in this matter.
54.10 Education and Prevention
• The policy will be discussed and put forward for adoption on site at a
meeting of all workers.
• It is the on-going responsibility of Unions and the Employer to ensure
that all Employees continue to be aware of the policy and program. The
WH&S Committee will assist in this process.
• All relevant information shall be available on site and displayed as
appropriate.
• From time to time the WH&S Committee, in consultation with
management, may initiate relevant health and safety promotional
activities in relation to alcohol and other drug use issues.
54.11 Provision of Alcohol at Social Events
Where social functions are held they will be located in a hazard-free area
where responsible serving of alcoholic beverages will apply. This
includes provision of non-alcoholic and low-alcoholic beverages.
54.12 Role of Work Health and Safety Committee on Site
• To encourage knowledge of policy and program by all workers on site.
• To ensure information about the policy and program is displayed.
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• To ensure information relevant to alcohol and other drugs is circulated
amongst workers.
• To initiate and coordinate relevant health promotional activities to
relation to alcohol and other drugs, in consultation with management.
• To provide information and referral options to workers as requested.
• To be available for informal discussion with and follow-up of site
employees when appropriate.
• To undertake intervention and follow-up of affected persons.
• To be available for discussion in regard to disciplinary action taken as a
result of a person being under the influence of alcohol and/or any other
drugs on site.
• To follow-up persons undertaking rehabilitation to ensure that
appropriate resources and support are made available when
requested.
• To encourage a peer support network on site.
PART 10 MISCELLANEOUS
55. ASBESTOS AWARENESS TRAINING
The Employer agrees to schedule an agreed asbestos awareness training
course.
• Training will be undertaken within six months of the commencement of
this Agreement for each current Employee who has not already
participated in the training; and
• within three months of a new Employee commencing employment.
The course and provider of the training will be agreed with the Consultative
Committee.
56. STRUCTURED VOCATIONAL TRAINING
56.1 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.
56.2 The parties are committed to maintaining the integrity of and improving
upon the existing system of structured vocational training. In this regard the
parties are committed to: -
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• 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
• Ensuring that the trade skills required for the Plumbing, Roof 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
56.3 To facilitate ongoing structured vocational training the Employer will pay an
organisation approved by the CEPU PLUMBING DIVISION NSW BRANCH:
From 1 April 2024 or on the commencement of the agreement, the
employer will pay $32.55 per week per employee including apprentices
covered by this agreement.
57. BUILDING LEVY
The parties of the agreement agree that the trade skills required for the
Plumbing, Drainage, Gas-fitting, Roof Plumbing, Mechanical Services,
Medical Gas and Hydrogen industry will continue to be delivered through
system of structured vocational Training Centres that requires Infrastructure
and Capital Investment for the Industry which the parties are stakeholders.
To facilitate ongoing Infrastructure and Capital Investment required to meet
the needs for the Vocational Training Centres the Employer will pay an
organisation approved by the CEPU Plumbing Division NSW Branch:
(a) From 1 April 2024 - $20 per week per employee including
apprentices covered by this agreement.
(b) From 1 April 2025 - $25 per week per employee including
apprentices covered by this agreement.
(c) From 1 April 2026 - $30 per week per employee including
apprentices covered by this agreement.
(d) From 1 April 2027 - $30 per week per employee including
apprentices covered by this agreement.
58. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE
The Employer agrees to an annual audit of the Employer’s compliance with
this Agreement, by approved auditor Stannartds Accountants and Advisors
Pty Ltd (Stannards). In the event Stannards is unable to conduct the audit,
the parties shall meet and agree on an alternative auditor, who is
appropriately qualified to assess the Employer’s compliance with this
Agreement and relevant industrial obligations. Any alternative auditor
agreed by the parties to conduct the audit must hold a practicing certificate
from the Institute of Chartered Accountants or a registered CPA.
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The Employer will provide a copy of the annual audit report to the Union
within five (5) business days of receipt, and by no later than 30 June of
each year. All information provided in the annual audit report must be
provided in a manner consistent with the Privacy Act 1988.
The Employer will undergo an initial audit within 3 months of the signing of
this Agreement.
Where a compliant is made, outside the annual audit, regarding a
suspected breach of pay entitlements and remuneration due to employees
covered by this Agreement, it is agreed that a further audit can be
requested by the Union to ensure ongoing compliance with this Agreement.
All costs associated of each audit are payable by the Employer.
Where evidence exists of continuing non-compliance, or significant
breaches by the Employer, the Union may arrange an additional
independent audit report detailing all entitlements be provided by
Stannards, at the ’Employer’s expense.
If the Employer is identified paying ‘all-in’ rates it will pay and back pay the
‘all-in’ rate being paid to all Employees on that site plus all conditions of this
Agreement for job duration. An “all-in” rate means a payment in lieu of one
or more entitlements and Levy’s of this Agreement.
Any audit which reveals non-compliance or outstanding employee
entitlements, the Employer agrees that it will immediately rectify the non-
compliance or outstanding employee entitlements and provide the Union
with evidence of rectification and/or payment of outstanding entitlements,
within 14 days. The Employer will incur a penalty for each non-compliance
at double (x2) the penalty unit amount prescribed by the ATO, for tax
obligation infringements. Payment of penalties pursuant to this clause are
to be paid directly to the effected employee(s).
Failure to comply with the requirements of this clause, may result in the in
the Union lodging a dispute with the FWC in accordance with the dispute
resolution clause [insert clause no] contained in this Agreement. Provided
that nothing in this clause prevents a party from applying to a court for
orders in relation to contraventions of civil remedy or penalty provisions.
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59. SEVERABILITY
It is the intention of those covered by this Agreement that the Agreement
contains only permitted matters under the FFW Act.
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 FW 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.
60. TRADE UNION RIGHTS AND REPRESENTATION
Clauses 61.1 of this Agreement outlines the rights for Union Delegates
when assisting Employees. For clarity, each Employee has the right to
determine whether they wish to be represented or not.
Such representatives (or individual Employees) are entitled to the
protections of Division 4 of Part 3-1 of the Fair Work Act in relation to
their involvement in lawful industrial activities.
60.1 Union Delegate Rights
Where an Employee has been elected as a Union Delegate, the
Employer will recognise the following rights:
• the right to be treated fairly and to perform their role without any
discrimination in their employment.
• For the Union Delegate to represent an Employee where
requested in relation to a grievance, dispute or a discussion with a
member of the Union;
• the right to place information related to permitted matters on a
notice board in a prominent location in the workplace except that
the material must not breach freedom of association, privacy and
other applicable laws; and
• the right to paid time to attend industrial tribunals and/or courts
where they have been requested to do so by an Employee (which
may include themselves) whom they represent in a particular
dispute in their workplace.
• the right to paid time to assist and represent Employees who have
requested them to represent them in respect of a dispute arising in
their workplace; and
• the right to represent the interests of members in their workplace
to the Union, the Employer and industrial tribunals/courts.
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• the right to formal recognition that the endorsed Union delegates
will speak on behalf of the Union members in the workplace.
• the right to paid time to attend Union endorsed training/forums
which are directed to improving the skills and knowledge of the
participant in the system of workplace relations.
• Union Delegates will receive an additional $1.50 for all hours
worked and/or attending approved training.
• The Employer will release from work a Union Delegate to attend 5
meetings per calendar year conducted by the Union to discuss
industry related matters. Union Delegates will be paid their
ordinary hourly rate, including all allowances, applicable site
allowance paid for the site engaged on at the time of training.
60.2 Training
• Sufficient notice (at least a week or less by agreement) of the time and
nature of the training/seminar/forums shall be given to the Employer to
enable agreement for employees to attend these courses, seminars or
forums.
• Union delegate / Employee Representatives will be paid their ordinary
hourly rate, including all allowances, applicable site allowance paid for
the site engaged on at the time while attending approved courses,
seminars or forums. Additional training can be undertaken by
agreement.
61. HEALTH & SAFETY REPRESENTATIVES
The employees may request that the Employer commence negotiations to
determine work groups. Once those work groups have been identified
workers may elect a Health and Safety Representative (HSR) and Deputy
Health & Safety Representative (DHSR) if any, for each work group in
accordance with the provisions of the Work Health and Safety Act (NSW)
2011.
Once elected, the HSR will be paid an allowance of $1.50 per hour, on top of
their ordinary hourly rate, for each hour worked. This payment will
commence from the first full pay period commencing after the election.
Where the HSR is absent, the DHSR will receive an allowance of $1.50 per
hour for each hour worked for the period of their absence.
As soon as practical within the period of 3 months after the Employer being
advised of the election of the HSR and the DHSR, the Employer will arrange
and pay for the necessary training to enable the HSR and the DHSR to
perform their role. While attending these courses the HSR and the DHSR will
be paid their normal rate of pay, including all allowances. That is, they will
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not have their wages reduced because of their attendance at the training
course.
After their initial training, Health and Safety Representatives will be afforded
up to a maximum of an additional five days training per annum at accredited
Safework training programs, other appropriate seminars and Union endorsed
meetings, forums, and training. Health and Safety Representatives will be
paid their normal rate including all allowances while attending these courses.
The Employer will be provided 7 days’ notice of such training/forums and the
name of the HSR/s attending.
The Employer will allow a HSR and the DSHR (if any) to exercise their
obligations under the Act during their ordinary working hours.
The Employer will ensure that a list of HSR and DHSR (if any) for each work
group is prepared, kept up to date and distributed to all employees on a
regular basis.
The HSR may request the Employer to establish a workplace health and
safety committee. If the Employer is requested to do so they will establish a
health and safety committee within one month of that request.
The HSR shall not be transferred from site without agreement from the
majority of employees on that site at a duly convened paid meeting of no
more than 30 Minutes and agreed to by the Union in writing.
The Employer will release from work a HSR to attend 5 meetings per
calendar year conducted by the Union to discuss industry related matters.
Health and Safety Representatives will be paid their normal rate including all
allowances while attending these meetings.
62. INCREASES TO WAGES – PRODUCTIVITY GAINS
In recognition of the productivity measures identified herein, the increases
payable under this agreement shall be available to all employees as
follows:
a) From the first full pay period after 1st April 2024– The rate of pay will
be as per Appendix Rates of pay.
b) From the first full pay period after 1st April 2025 – The rate of pay
will be as per Appendix Rates of pay.
c) From the first full pay period after 1st April 2026 – The rate of pay
will be as per Appendix Rates of pay.
d) From the first full pay period after 1st April 2027 – The rate of pay
will be as per Appendix Rates of pay.
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APPENDIX 1 - RATES OF PAY PLUMBERS
Appendix 1Table 1
Current Rates
Sydney/ACT
(36-hour div)
Wollongong &
Central Coast
& All other Areas
(36-hour div)
Plumber’s
PH $51.03 $44.99
PW $1837.08 $1619.64
Labourer’s Rate
PH $43.87 $36.30
PW $1647 $1385.28
Drainers Rate PD $47.07 $40.93
PW $1694.52 1473.48
Travel PD $35 $35
Redundancy PW $145 $110
Site Allowance
Minimum PH $4.20 $4.20
Superannuation PW 11% 10.5%
Appendix 1Table 2
Rates of pay at the first full pay period
after
1st April 2024
Sydney/ACT
(36-hour div)
Wollongong &
Central Coast
& All other Areas
(36-hour div)
Plumber’s
PH $54.09 $47.69
PW $1947.24 $1716.84
Labourer’s Rate
PH $46.50 $38.48
PW $1647 $1385.28
Drainers Rate PD $49.89 $43.39
PW $1796.04 $1562.04
Travel PD $35 $35
Redundancy PW $150 $135
Site Allowance
Minimum PH $4.40 $4.40
Superannuation PW 11% 11%
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Appendix 1Table 3
Rates of pay at the first full pay period
after
1st April 2025
Sydney/ACT
(36-hour div)
Wollongong &
Central Coast
& All other Areas
(36-hour div)
Plumber’s
PH $57.34 $50.55
PW $2064.24 $1819.80
Labourer’s Rate
PH $49.29 $40.79
PW $1774.44 $1468.44
Drainers Rate PD $52.88 $45.99
PW $1903.68 $1562.04
Travel PD $40 $40
Redundancy PW $155 $140
Site Allowance
Minimum PH $4.60 $4.60
Superannuation PW 11.5% 11.5%
Appendix 1Table 4
Rates of pay at the first full pay period
after
1st April 2026
Sydney/ACT
(36-hour div)
Wollongong &
Central Coast
& All other Areas
(36-hour div)
Plumber’s
PH $60.78 $53.58
PW $2188.88 $1928.28
Labourer’s Rate
PH $52.25 $43.24
PW $1881 $1556.64
Drainers Rate PD $56.08 $48.75
PW $2018.88 $1755
Travel PD $45 $45
Redundancy PW $160 $145
Site Allowance
Minimum PH $5 $5
Superannuation PW 12% 12%
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Appendix 1Table 5
Rates of pay at the first full pay period
after
1st April 2027
Sydney/ACT
(36-hour div)
Wollongong &
Central Coast
& All other Areas
(36-hour div)
Plumber’s
PH $63.03 $57.33
PW $2341.08 $2063.88
Labourer’s Rate
PH $55.91 $46.27
PW $2012.76 $1665.72
Drainers Rate PD $60.01 $52.16
PW $2160.36 $1877.76
Travel PD $52 $52
Redundancy PW $165 $145
Site Allowance
Minimum PH $5 $5
Superannuation PW 12% 12%
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APPENDIX 2 - RATES OF PAY APPRENTICES
Apprentices
Current 2024 2025 2026 2027
1st Year $18.45 $19.56 $20.73 $21.97 $23.51
2nd Year $24.75 $26.24 $27.81 $29.48 $31.54
3rd Year $34.77 $36.87 $39.07 $41.41 $44.31
4th Year $37.22 $39.45 $41.82 $44.33 $47.43
Adult Apprentices
Current 2024 2025 2026 2027
1st Year $24.75 $25.50 $25.75 $26.00 $26.50
2nd Year $24.75 $27.24 $28.81 $30.48 $32.54
3rd Year $34.77 $36.87 $39.07 $41.41 $44.31
4th Year $37.22 $39.45 $41.82 $44.33 $47.43
Site Allowance Per Hour (minimum)
Current 2024 2025 2026 2027
1st Year $1.68 $1.85 $2.00 $2.25 $2.50
2nd Year $2.32 $2.50 $2.70 $2.90 $3.00
3rd Year $2.90 $3.15 $3.40 $3.55 $3.75
4th Year $3.79 $3.95 $4.10 $4.30 $4.50
Travel Per Day
Current 2024 2025 2026 2027
1st Year $22.60 $22.60 $28 $32 $35
2nd Year $26 $26 $32 $36 $40
3rd Year $26 $26 $32 $36 $40
4th Year $26 $26 $32 $36 $40
Redundancy Per Week
Current 2024 2025 2026 2027
1st Year $0 $1.50 $2.50 $3.50 $4.50
2nd Year $0 $2.50 $4.50 $6.50 $8.50
3rd Year $39.29 $39.29 $42.29 $45.29 $48.29
4th Year $39.29 $39.29 $43.29 $47.29 $51.29
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APPENDIX 3 – TOOL LIST
1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner
1 x pair 250mm Stillsons 1 x 300mm crescent shifting spanner
1 x pair 450mm Stillsons 1 x 250mm rasp & handle
1 x pair 250mm Vice Grips 1 x 250mm half round file & handle
1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225)
1 x pair 225mm Multigrips 1 x junior hacksaw
1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm
1 x pair 300mm straight snips 1 x tapered bent pin
1 x pair 175mm curved snips 1 x pointing towel
1 x pair left hand wiss snips 1 x basin spanner
1 x pair right hand wiss snips 1 x strap bench
1 x pair pop rivet pliers 1 x centre punch
1 x pair 200mm dividers 1 x prick punch
1 x pair 15mm copper tube benders 1 x nail bag
1 x set Allen keys 1mm-10mm 1 x toolbox or carry all or equivalent
1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel
1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel
1 x screwdriver 200mm Phillips 1 x 25mm cold chisel
2 x screwdriver 150mm Phillips 1 x Stanley knife
1 x screwdriver 300mm slotted 1 x flint gun
1 x screwdriver 200mm slotted 1 x oxy key
1 x cross pin hammer 10 oz 1 x 8 metre measuring tape
1 x ball pin hammer 20 oz
1 x hand wood saw 660mm per year- replaced by
employer on a fair ware and tare basis
1 x claw hammer 20 oz 1 x PVC conduit cutters
1 x trap or spud wrench 1 x wire brush
1 x lump hammer 4LB 1 x battery drill with battery and charger
1 x bevel square 250mm
In addition to the above list (where applicable) the tool
list for Drainers shall include the following:
1 x set square 300mm
1 x line level
1 x spirit level 600mm
1 x brickies string line 1 x 1200mm level
1 x chaulk-o-matic 1 x 30m measuring tape
1 x plumbob 450gr 1 x wood float
1 x 25mm wood chisel 1 x steel float
1 x edging tool
76
D&W Plumbing and Civil Contractors Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise
Agreement 2023-2027
APPENDIX 4 - RDO CALENDERS 2024
2024
January '24 February '24 March '24
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2
7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9
14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16
21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23
28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30
31
April '24 May '24 June '24
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 4 30 1
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15
21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22
28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29
July '24 August '24 September '24
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7
7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14
14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21
21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28
28 29 30 31 25 26 27 28 29 30 31 29 30
October '24 November '24 December '24
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6 7
6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14
13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21
20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28
27 28 29 30 31
24 25 26 27 28 29 30 29 30 31
Annual leave (optional)
Flexible RDO Scheduled RDO =
Designated Long Weekend (Public Holiday and RDO
77
D&W Plumbing and Civil Contractors Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise
Agreement 2023-2027
APPENDIX 4 - RDO CALENDERS 2025
January
2025
February
March
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15
19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22
26 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29
30 31
April May June
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 3 1 2 3 4 5 6 7
6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14
13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21
20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28
27 28 29 30 25 26 27 28 29 30 31 29 30
July August September
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 5 1 2 1 2 3 4 5 6
6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13
13 14 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20
20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27
27 28 29 30 31 24 25 26 27 28 29 30 28 29 30
31
October November December
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 1 2 3 4 5 6
5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20
19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27
26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31
30
78
D&W Plumbing and Civil Contractors Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise
Agreement 2023-2027
S M T W T F S
S M T W T F S
S M T W T F S
APPENDIX 4 - RDO CALENDERS 2026
January
2026
February
March
S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21
18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28
25 26 27 28 29 30 31 29 30 31
April May June
S M T W T F S S M T W T F S S M T W T F S
1 2 3 4 1 2 1 2 3 4 5 6
5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13
12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20
19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27
26 27 28 29 30 24 25 26 27 28 29 30 28 29 30
31
July August September
1 2 3 4 1 1 2 3 4 5
5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12
12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19
19 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26
26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30
30 31
October
November
December
S M T W T F S S M T W T F S S M T W T F S
1 2 3 1 2 3 4 5 6 7 1 2 3 4 5
4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12
11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19
18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26
25 26 27 28 29 30 31 29 30 27 28 29 30 31
79
D&W Plumbing and Civil Contractors Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise
Agreement 2023-2027
APPENDIX 4 - RDO CALENDERS 2027
January
2027
February
March
S M T W T F S S M T W T F S S M T W T F S
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 22 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 May June
S M T W T F S S M T W T F S S M T W T F S
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 12
11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19
18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26
25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30
30 31
July August September
S M T W T F S S M T W T F S S M T W T F S
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 20 21 22 23 24 25
25 26 27 28 29 30 31 29 30 31 26 27 28 29 30
October November December
S M T W T F S S M T W T F S S M T W T F S
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 11
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 26 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
80
D&W Plumbing and Civil Contractors Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise
Agreement 2023-2027
SIGNATORY PAGE
For and on behalf of D&W Plumbing and Civil Contractors Pty Ltd
Name: Des White
Position: Director
ABN: 63 002 780 378
Employer Adress: PO Box 1123 Caringbah NSW 2229
Signature Date
A Representative of the CEPU – Plumbing Division (NSW Branch) and employee/s
covered by this Agreement.
Signature Date
Name: Theo Samartzopoulos
Position: NSW State Secretary
Branch address: Shop 1, 111 McEvoy Street
Alexandria NSW 2015
Telephone: (02) 9310-3411
Email: officeadmin@nswplumbersunion.com.au
mailto:officeadmin@nswplumbersunion.com.au
