Wormald and CEPU - Plumbing Division Wormald Sprinkler Fitting Fire Protection Enterprise Agreement Newcastle 2024-2026

1

Fair Work Act 2009 
s.602A - Application to validate approval of an enterprise agreement

Wormald Australia Pty Ltd
(AG2024/1723)

DEPUTY PRESIDENT COLMAN MELBOURNE, 23 MAY 2024

Application for validation of approval of an enterprise agreement

[1] Wormald Australia Pty Ltd (Wormald) has made an application pursuant to s 602A of 
the Fair Work Act 2009 (Act) for the Commission to make a determination in respect of the 
Wormald and CEPU – Plumbing Division / Wormald Sprinkler Fitting / Fire Protection 
Enterprise Agreement Newcastle 2024-2026 (2024 Agreement), which was approved by the 
Commission under s 185 of the Act on 15 May 2024 (see [2024] FWCA 1780). Wormald 
submits that when it made its application under s 185, it erroneously submitted a draft document 
(Draft Agreement) instead of the final agreement that was submitted to a vote and approved by 
employees (Final Agreement). The Draft Agreement differs from the Final Agreement in two 
ways: the nominal expiry date in clause 4 is stated to be 1 March 2026, whereas the nominal 
expiry date in the Final Agreement is 1 March 2027; and the title of the agreement refers to the 
years ‘2024-2026’, whereas the Final Agreement refers to ‘2024-2027’. 

[2] Wormald asks the Commission to rectify this error in the manner contemplated by s 
602A. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and 
Allied Services Union of Australia (CEPU), which was a bargaining representative for the 2024 
Agreement and is covered by it, has confirmed to the Commission that it supports the 
application.

[3] Section 602A provides as follows: 

“602A Validation of approval of enterprise agreement 

(1) If: 

(a) after an enterprise agreement was made: 

(i) an application for the approval of a draft of the enterprise 
agreement was erroneously made to the FWC; and 

(ii) the FWC approved the draft of the agreement; and 

[2024] FWCA 1894

DECISION


AUSTRALIA FairWork Commission




 



[2024] FWCA 1894

2

(b) the FWC is satisfied that, assuming that the application had been an 
application for the approval of the enterprise agreement that was made, the 
FWC would have approved the enterprise agreement that was made; 

the FWC may determine in writing that the approval is as valid and effective, and is 
taken to have been as valid and effective, as it would have been if: 

(c) the application had been an application for the approval of the enterprise 
agreement that was made instead of an application for the approval of the 
draft of the agreement; and 

(d) the requirements set out in subsection 185(2) or section 185A (whichever is 
applicable) had been met in relation to the application; and 

(e) the approval had been an approval of the enterprise agreement that was made 
instead of an approval of the draft of the agreement.”

[4] I accept that the text of the 2024 Agreement reflects the Draft Agreement rather than the 
Final Agreement, and that Wormald mistakenly lodged the Draft Agreement in the Commission 
together with its s 185 application and supporting declaration, when it ought to have lodged the 
Final Agreement. 

[5] I am satisfied that, had Wormald’s application under s 185 been an application for the 
approval of the Final Agreement, I would have approved it; I would have been satisfied that all 
of the relevant requirements of ss 186 and 187 had been met, including that the agreement was 
genuinely agreed and that it passed the ‘better off overall’ test subject to the undertaking that 
was provided by Wormald.

[6] Pursuant to s 602A(1), I determine that the approval of the 2024 Agreement is as valid 
and effective, and is taken to have been as valid and effective, as it would have been if: the 
application under s 185 had been an application for the approval of the Final Agreement instead 
of an application for the approval of the Draft Agreement; the requirements of s 185(2) had 
been met; and the approval had been an approval of the Final Agreement instead of an approval 
of the Draft Agreement. As required by s 602A(3), the Final Agreement will be published on 
the Commission’s website. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

AE524633  PR775304


EWORK ISSION THE SEAL OF THE F




 



1

Fair Work Act 2009 
s.185—Enterprise agreement

Wormald Australia Pty Ltd
(AG2024/1489)

WORMALD AND CEPU - PLUMBING DIVISION / WORMALD 
SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE 
AGREEMENT NEWCASTLE 2024-2026

Plumbing industry

DEPUTY PRESIDENT COLMAN MELBOURNE, 15 MAY 2024

Application for approval of the Wormald and CEPU - Plumbing Division / Wormald Sprinkler 
Fitting / Fire Protection Enterprise Agreement Newcastle 2024-2026

[1] Wormald Australia Pty Ltd has made an application for approval of an enterprise 
agreement known as the Wormald and CEPU - Plumbing Division / Wormald Sprinkler Fitting 
/ Fire Protection Enterprise Agreement Newcastle 2024-2026 (the Agreement) pursuant to s 
185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure 
A. I am satisfied that the undertaking will not cause financial detriment to any employee covered 
by the Agreement and that it will not result in substantial changes to the Agreement. The 
undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained 
in the application and accompanying declaration, I am satisfied that each of the requirements of 
ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[4] The CEPU, being a bargaining representative for the Agreement, has given notice under 
s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the 
Agreement covers the CEPU.

[5] The Agreement was approved on 15 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE524633  PR775028

[2024] FWCA 1780 [Note: a validation has been issued to this document]

DECISION






http://www.fwc.gov.au/documents/decisionssigned/pdf/2024FWCA1894.pdf


[2024] FWCA 1780

2

Annexure A


IN THE FAIR WORK COMMISSION FWC Matter No .: AG 2024/1489 Applicant: Wormald Section 185 - Application for approval of a single enterprise agreement Undertaking-Section 190 I, Phillip Martin Darby, National Industrial Relations Manager for Wormald give the following undertakings with respect to the Wormald and CEPU sprinkler Fitting / Fire Protection Enterpriser Agreement 2023-2026 ("the Agreement"): 1. I have the authority given to me by Wormald to provide this undertaking in relation to the application before the Fair Work Commission. 2. Wormald undertakes that when the employer (Wormald) is required to calculate the adult rate 15 year apprentice rate of pay clause 35.21 (Adult Apprenticeship rates of pay) it will be calculated at 6.0% above the first-year rate specified in Appendix A (apprentice rates of pay) to meet the no disadvantage test. 4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. Signature P.M. Darby Date 15th May 2024 1




 



  

 

        

        

 

WORMALD 

and 

CEPU – Plumbing Division  

Sprinkler Fitting / Fire Protection 

Enterprise Agreement 

2024-2027 

(Newcastle) 

 
 

 

 

 

 

 

 

 

 


YEE UNION UNION EMPLOY AUS'S TALIA PLUMBING




 



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 Clause No. Name 1 Title 2 Parties and Persons Bound 3 Intentions of the Parties 4 Lodgement and Date of Operation of Agreement 5 No Extra Claims and Increases to Wages and Allowances 6 Definitions & Interpretations 7 Types of Employment 8 Engagement of Sub Contractors 9 Payment of Wages 10 Fares and Travelling 11 Allowances & Expenses 12 Charge Hands 13 Special Working Conditions 14 Time Records 15 Employee and Employer duties 16 Licence and Registration 17 Mixed Functions 18 Superannuation 19 Long Service Leave 20 Redundancy/Severance 21 Retrenchment Selection Criteria 22 Top-up workers compensation/24 Hour Accident Cover & Sickness Insurance 23 Paid Leisure Days & RDO's 24 Hours of Work 25 Work breaks 26 Overtime - Construction Only 27 Weekend Work 28 Night Shift 29 Holidays and Sunday Work 30 Family Picnic Day 31 Personal/Carer's Leave And Compassionate Leave 32 Annual Leave 33 Parental Leave 34 Termination of Employment 35 Apprentices 36 Structured Vocational Training 37 Tools 38 Protective Clothing 39 Consultative Mechanisms 40 Occupational Health and Safety 41 Inclement Weather 42 Anti-Discrimination 43 Jury Service & Community Service Leave 44 Disputes Resolution Procedure 45 Service Work Only 46 Workplace flexibility 47 Consultation 48 Conversion To 36 Hour Week 49 Signatories 50 Appendix A - Wage Rates and Allowances Fitter 51 Appendix A - Wage Rates and Allowance - Apprentices 52 Appendix B - Rates Schedule 53 Appendix C - Chart of Entitlements. Page - 1 



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1. TITLE 
 
1.1 This Agreement will be known as the Wormald and CEPU - Plumbing Division / Wormald 

Sprinkler Fitting / Fire Protection Enterprise Agreement Newcastle 2024-2027. 
 
 
2. PARTIES AND PERSONS BOUND 
 
2.1 This Agreement will be binding upon each of the following:- 
 

(a)  Wormald (“Employer”) in respect of persons engaged in classifications under the 
Plumbing and Sprinkler fitting award 2010 and are employed under this agreement in 
the areas of Newcastle NSW employed in connection with the preparing, erecting, 
fitting, fixing, altering, testing, overhauling or repairing of apparatus, pipes and/or 
fittings in and/or outside of buildings, ships or other structures for the extinguishment 
of fire by automatic sprinklers and/or other fire protection systems. 

 
(b) Persons employed by the employer in Newcastle NSW and employed under in 

classifications under the Plumbing and Sprinkler fitting award 2010 and employed under 
this agreement in connection with the preparing, erecting, fitting, fixing, altering, 
testing, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of 
buildings, ships or other structures for the extinguishment of fire by automatic 
sprinklers and/or other fire protection systems (“Employees”). 

 
(c) The Communications Electrical Electronic Energy Information Postal Plumbing and Allied 

Services Union of Australia (“CEPU”). This Agreement recognises the CEPU – Plumbing 
Division NSW Branch as a legitimate representative of the employees covered by this 
Agreement. 

 
 
3. INTENTIONS OF THE PARTIES 
 
3.1 The intentions of the parties in reaching this Agreement are to:- 
 

(a) Provide for an efficient, progressive and prosperous fire protection industry for the 
benefit of the Employer and its employees; 

 
(b) Improve job satisfaction and continuity of employment for workers; 
 
(c) Create a co-operative and productive industrial relations environment; 
 
(d) Maintain a safe working environment; 
 
(e) Ensure the integrity of structured training consistent with national competency 

standards; and 
 
(f) Maintain a stable and skilled workforce. 

 
(g) Implement training to increase skills and multi skill employees within the fire protection 

industry 
  








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4. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 
 
4.1 This Agreement will be lodged in accordance with the Fair Work Act 2009 as an Enterprise 

Agreement. 
 
4.2 This Agreement will come into operation from the date of certification and remain in effect for 

1st March 2027 from that date.  
 
4.3 The Employer must ensure  that copies of this Agreement and the NES are available to all 

employees to whom they apply either on a noticeboard which is conveniently located at or 
near the workplace or through electronic means, whichever makes them more accessible. 

 
4.4 The NES and this Agreement combine to contain the minimum conditions of employment for 

employees covered by this Agreement. 
 
 
5. NO EXTRA CLAIMS AND INCREASES TO WAGES AND ALLOWANCES 
 
5.1 In recognition of the productivity measures identified herein, the following payments will be 

available to all employees covered by this agreement: - 
 

(a) The rates of pay and allowances as provided in Appendix A and Appendix B and other 
benefits including annual leave, public holidays, paid leisure days, personal leave, hours 
of work and overtime subject to the terms and conditions outlined in this agreement. 

 
(b)  The parties accept that this agreement is in full and final settlement of all wages, terms 

and conditions claims. There will be no further claims on any matter; and 
 
(c) Increases in wages and other conditions of employment in this agreement will accrue 

from the first full pay 7 days after lodgement or as provided for under this agreement. 
 

5.2 No employee will be disadvantaged overall by the introduction of this Agreement. 
 
5.3 Employers may, from the date of commencement of this Agreement or from time to time, pay 

in excess of this Agreement.  Nothing in this Agreement requires an employer to maintain or 
increase payments that are in excess of this Agreement. 

 
 
6. DEFINITIONS AND INTERPRETATIONS 
 
6.1 For the purpose of this Agreement unless the contrary intention appears:- 
 

(a) NSW means the State of New South Wales. 
 
(b) The Act means the Fair Work Act 2009 (Cth).  
 
(c) FWA means Fair Work Australia. 

 
(d) NES means the National Employment Standards as contained in sections 59 to 131 of 

the Fair Work Act 2009 (Cth). 








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 (e) Sprinkler fitter / fire protection worker means a fitter/worker who can undertake all work in connection with preparing, erecting, fitting, fixing, commissioning, altering, overhauling, repairing or testing of apparatus, pipes and/or fittings including the fixing and connecting of tanks, valves, water supplies, pumps, gauges, or alarms for systems for the detection, extinguishment and/or control of fires and/or all pipes and/or fittings for conveyance of water, air and/or gas and/or chemical compounds and/or pipes and fittings for hydrant and hose reel services. Sprinkler fitters working under this agreement agree to carry out all duties connected with the above and any duties that they may be qualified to do so in line with AS1851 (f) Unregistered / unlicensed skilled Tester Is a new employee who is employed under this agreement and has undertaken or in the process of undertaking modules that equip the employee with the knowledge to carry out a range of testing fire equipment to ASA 1851 without entering a full fire protection apprenticeship. This employee will not be entitled to erect, alter or install fire protection apparatus. This tester will be paid 90% of the unregistered sprinkler fitter's base rate of pay. (g) Industry disability allowance means an allowance incorporated in the base hourly rate to compensate for the following disabilities associated with construction work on-site :- i. Climatic condition when working in the open on all types of work. ii. The physical disadvantage of having to climb stairs or ladders. iii. The disability of dust blowing in the wind, brick dust, or drippings from concrete. iv. Sloppy and muddy conditions associated with the initial stages of the erection of a building. V. The disability of work on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold or a bosun's chair. vi. The lack of usual amenities associated with factory work (e.g ., meal rooms, change rooms, lockers); vii. Handling insulation material. viii. Use of explosive powered tools. ix. Using toxic substances, or working in close proximity to others working with toxic substances; and/or X. Use of pressure oxy-acetylene or electric welding equipment or pressure oxy- acetylene cutting equipment except where qualifications exceeding those involved in the trade certificate involved in Sprinkler Fitting / Fire Protection are required. (h) Space, height and dirt money means an allowance incorporated in the base hourly rate to sprinkler fitters / fire protection workers engaged onsite to compensate for the following class of work whether or not such work is performed in any week: Page - 4 



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 i. Work requiring a swing scaffold, swing seat, or rope, or on any ladder exceeding 7.6m in height. ii. Flushing, cleaning, commissioning and servicing of fire protection systems. iii. Work in any confined space. iv. Work in wet places; and/or V. Dirty or offensive work. (i) 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. (j) Service work means the repair, overhaul and/or alteration of operative fire protection systems involving the daily reinstatement of such systems to normal operating level. (k) Service fitter means an employee engaged in service work. (1) Construction work means erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures. (m) Construction fitter means an employee engaged in construction work. (n) Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). (o) Subcontracting firm means a company engaged by the contracting firm to provide labour, and possibly materials, plant and tools. 7. TYPES OF EMPLOYMENT 7.1 WEEKLY EMPLOYMENT (a) Except as provided in 7.2, employment will be by the week. Any employee not specifically engaged as a casual employee will be deemed to be employed by the week. 7.2 CASUAL EMPLOYMENT (a) A casual employee will be employed subject to each of the following terms: - 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 A, and all relevant allowances prescribed in Appendix A and Appendix B, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays, personal leave, rostered days off, paid leisure days, parental leave, redundancy, compassionate leave payments, top-up Page - 5 



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 payments, severance payments and termination payments prescribed for other employees in the agreement. iii. A casual employee, other than an irregular casual employee, who has been engaged by the employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. iv. The employer must give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. The employee retains their right of election under this clause if the employer fails to comply with this subclause. V. A casual employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time employment is deemed to have elected against any such conversion. vi. A casual employee who has a right to elect under clause 7.2(a)iii, on receiving notice under clause 7.2(a)v or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse. vii. Following such agreement being reached, the employee converts to full-time employment. 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 7.2(a) vi an employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement. X. For the purposes of this clause, an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis. xi. An employee must not be engaged and re-engaged to avoid any obligation under this Agreement. Page - 6 



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 8. ENGAGEMENT OF SUBCONTRACTORS 8.1 The employer and employees recognise the employer's obligation to maintain a stable workforce and to cater for variances in workload. 8.2 It is recognised that the employer needs to be able to source additional labour by engaging subcontractor firms from time to time. 8.3 All subcontract firms would be engaged according to each of the following terms :- (a) All employees of the subcontract firm engaged in sprinkler fitting will be registered or qualified unregistered sprinkler fitters or apprenticed sprinkler fitters. (b) The subcontract firm will have its own safe work method statements and OHS plans. (c) The subcontract firm will have all appropriate licences and will hold current public liability and workers compensation insurances. 9. PAYMENT OF WAGES 9.1 EFT will be used for payment of wages to employees covered by this Agreement. 9.2 All wages and/or additional entitlements due to an employee shall be paid no later than Thursday each week and no more than two days' pay may be kept in hand. Provided that when the usual pay day is an observed holiday, such employee shall receive the amount due to him/her no later than normal ceasing time on the working day immediately preceding such holiday. 9.3 Upon termination of the employment wages due to an employee shall be paid to him/her within a reasonable time period. Where an employer fails to pay all due wages within 3 days of termination, an employee is entitled to waiting time for each day kept waiting, up to the equivalent of one week's pay. 9.4 An employee kept waiting for his/her wages on pay day for more than a quarter of an hour after usual time for ceasing work shall be paid at overtime rates after than quarter of an hour, with a minimum of one hour and to a maximum of 40 hours work. Provided where the employer has made all reasonable endeavours to ensure payroll delivery on time and the payment is delayed due to industrial dispute or hold-up, or banking error on the part of the bank, or technical failure of internet connections beyond the control of the employer then provisions of this subclause shall not apply. 9.5 Payroll deductions may be provided by the employer subject to the employee providing the employer with a letter of authority to do so. Page - 7 



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 9.6 Particulars of details of payment to each employee will be included on the envelope holding the payment, or in a statement handed to the employee at the time such payment is made and will contain the following information :- (a) Date of payment; (b) Period covered by such payment; (c) The amount of wages paid for work at ordinary rates; (d) The gross amount of wages and allowances paid; (e) The amount of each deduction made and the nature thereof; and (f) The net amount of wages and allowances paid. 9.7 In addition, the following details will also be included in the statement when such payments and benefits apply :- (a) The number of hours paid at overtime rates and the amount paid therefore; (b) The amount of allowances or special rates paid and the nature thereof; (c) Annual holiday payments; (d) Payment on termination, including payment for annual leave, rostered day off accumulation, and public holidays; (e) The employer and employees building superannuation number; and (f) The amount of any other payments made to the employee under this Agreement. 10. EXCESS FARES AND TRAVELLING 10.1 The centre of employment shall be the city principle post office. 10.2 Each employee who is not wholly employed with in the factory or permanent workshop of the employer shall receive in addition to the respective Hourly Rate specified in Appendix A the following extra amounts as allowances for travelling, provided always :- (a) That travelling time and/or fares shall be computed on the basis that such travelling be done by public conveyance - economy class; and (b) That where the employer provides the conveyance or means of travelling, the payment of Fares as per Appendix A is not required. 10.3 For the time occupied outside the ordinary hours of work specified in clause 24 in travelling by an ordinary public conveyance or by nearest practical route from the appropriate centre to the work and/or from the work to the centre - the respective Travelling Time. Page - 8 



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 10.4 The Fares necessary for such travelling whether actually paid or not. 10.5 Where the work or the facility for travelling does not necessitate going to or through the centre, the employee shall receive the respective Travelling Time, for the time, also the cost of travelling from the employee's residence to the work or from the work to the employee's residence in excess of that which would be required in travelling from the said employee's residence to the centre or from the centre to the said employee's residence. 10.6 The minimum Fares paid to an employee in accordance with this clause shall be the Fares allowance in Appendix A. 10.7 Travelling Time shall be the rate prescribed in Appendix A for the life of the agreement and will be paid at these agreed rates. 10.8 FARES (a) From the Date of Registration the Fares Rate set out in Appendix A shall be paid for the life of the agreement for all On-Site employees including Apprentices and excluding employees with company vehicles. (b) No Fares are applicable on Paid Leisure Days. 10.9 TRAVELLING TIME (a) Travelling Time will be paid at the Travel Time Rate for 2 hours per day for a distance of up to 30km from the employer's office. (b) All other Travelling Time and Living Away From Home Allowance shall be agreed between the Company and employees on a project basis. (c) Travelling Time is not applicable on Paid Leisure Days. (d) The Company is not required to place employees at job sites closest to their place of residence; however employees will not be treated unfairly in this regard. 10.10 SUMMARY (a) Summary of entitlement to fares and travel allowances :- Travel Time Fares Start or finish on the job using own vehicle Paid Paid Start or finish on the job using public transport Paid Paid Start or finish on the job provided with or offered transport Paid Not paid Start and finish at the workshop Not paid Not paid Annual leave Not paid Not paid Public holidays Not paid Not paid Sick leave Not paid Not paid Rostered Day Off Not Paid Not Paid Paid Leisure Day Not paid Not Paid Page - 9 



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 10.11 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 prescribed in Appendix B. 11. ALLOWANCES AND EMPLOYEE EXPENSES 11.1 PRODUCTIVITY ALLOWANCE (a) An employee will be entitled to a productivity allowance in accordance with the following table for each hour worked :- Classification Rate per Hour Sprinkler Fitter $2.50 2nd year $3.00 3rd year $3.80 3rd & 4th Year Apprentice $1.17 1st & 2nd Year Apprentice NIL 11.2 WELDING CERTIFICATE (a) An employee who is requested by the employer to hold qualifications required by the various State government bodies, or other relevant authorities, for pressure oxy- acetylene or electric welding, either manual or machine welding, must be paid the additional amount as prescribed in Appendix B. (b) This rate will be paid for every hour of their employment whether or not the employee has performed work relevant to those qualifications. (c) The employer may provide notice in advance if those qualifications are no longer required. In the event the employer provides four weeks' notice the qualifications are no longer required the allowance will not be payable from when the notice takes effect. 11.3 FIRST AID (a) An employee who is qualified in first aid and is appointed by their employer to carry out first aid duties in addition to their usual duties must be paid an additional rate as prescribed in Appendix B. (b) This rate will be paid for every hour of their employment whether or not the employee has performed work relevant to those qualifications. (c) The employer may provide notice in advance if those qualifications are no longer required. In the event the employer provides four weeks' notice the qualifications are no longer required the allowance will not be payable from when the notice takes effect. Page - 10 



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 11.4 LIVING AWAY FROM HOME ALLOWNCE (DISTANT WORK) (a) QUALIFICATION i. 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. (b) EMPLOYEE'S ADDRESS i. At the time of engagement, the employee will provide details of their usual place of residence, being the address of their place of residence at the time of application. ii. 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. (c) ENTITLEMENT - Where an employee qualifies under clause 11.5(a) the employer will either: - A. Provide the employee with reasonable board and lodging to a standard of no less than 3-star accommodation and out of pocket allowance as prescribed in (Appendix B); or B. Pay an accommodation allowance as prescribed in Appendix B plus an out-of- pocket allowance as prescribed in Appendix B, 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 the clause 11.5(c)| A. (d) TRAVELLING EXPENSES An employee who is sent by the employer to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 11, for the period occupied in travelling from the employees usual place of residence to the distant job, but in lieu thereof will be paid :- A. FORWARD JOURNEY 1) 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). 2) 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 Page - 11 



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 payment due to transporting their tools if such is incurred. However, these are not payable should the employer pay these costs directly; and 3) For any meals incurred while travelling at the meal allowance rate prescribed in Appendix B. ii. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. B. RETURN JOURNEY 1) An employee will, for the return journey, receive the same time, fares, and meal payments as provided in clause 11.5(d)i (above) together with the amount prescribed in clause 11, to cover the cost of transport from the main public transport terminal to their usual place of residence. 2) 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 incompetence within one working week of commencing on the job, or is dismissed for misconduct. C. DEPARTURE POINT 1) 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. (e) DAILY TRAVEL ALLOWANCE An employee engaged on a job which qualifies them to the provisions of this clause and who is required to reside elsewhere than on the site (or within 500m of the site; or supplied with transport; or paid for use of their own transport) will be paid the Fares Allowance prescribed by appendix A. (f) WEEKEND RETURN HOME i. 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; 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. Page - 12 



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 (g) REST AND RECREATION i. An employee who proceeds to a job which qualifies for the provisions of clause 11.5 may, after two months continuous service on that site and thereafter at three monthly periods of continuous service on that site, 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. (h) LIMITATION OF ENTITLEMENT i. The entitlement under clause 11.5(g) 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). (i) SERVICE REQUIREMENTS i. For the purpose of this clause service will be deemed to be continuous despite an employee's absence from work as prescribed in clause 11.5(f) and clause 11.5(g). (j) VARIABLE RETURN HOME i. 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. (k) NO PAYMENT FOR UNUSED FARES If the employer and employee so agree in writing, the paid Rostered Day Off as - prescribed in clause 24, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 11.5(g), or at the end of the project, or on termination whichever comes first. (1) 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. Page - 13 



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 12. CHARGE HANDS 12.1 An employee may from time to time be appointed by the employer as a Charge Hand. 12.2 A charge hand shall perform the following duties :- (a) Liaise with client on-site representatives; (b) Monitor safety; (c) Report any safety breaches or accidents; (d) Report employee absences and attendance; (e) Ensure working hours are satisfied; (f) Monitor overtime requirements and performance; (g) Report employee non-conformance; (h) Delegate work tasks; (i) Monitor work quality and accuracy; (i) Liaise with suppliers to facilitate deliveries, unloading and storage of equipment; (k) Liaise with design staff and management; and (1) Inform supervisor of breaches. 12.3 An employee appointed as charge hand Sprinkler Fitters will receive $1.35 / hour in addition to the rates prescribed in Appendix B 12.4 An employee who is not required to perform the duties of charge hand outlined in clause 12.2 shall not be paid as a Charge Hand, irrespective of whether they have performed those duties and been paid accordingly on a prior occasion. 12.5 A nominated charge hand must also be in charge of a min of two employee as well as perform items outlined in clause 12.2 13. SPECIAL WORKING CONDITIONS 13.1 SHIP WORK (a) An employee engaged on work in connection with ships must be paid an additional rate as prescribed in Appendix B whilst working on board the ship. Page - 14 



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 13.2 HOT WORK (a) An employee who works for longer than two hours in a place where the temperature has been raised by artificial means to between 46º and 54º Celsius will be entitled to 20 minutes rest after every two hours work without loss of pay. 13.3 COLD WORK (a) An employee who works for longer than two hours in a place where the temperature is lowered by artificial means to less than 0º Celsius will be entitled to 20 minutes rest after every two hours work without loss of pay. 13.4 TOWERS (a) An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multistorey building), cooling tower, water tower or silo, where the construction exceeds 15 metres in height, must be paid for all work above 15 metres an additional hourly rate as prescribed in Appendix B, with an additional rate as prescribed in Appendix B for work above each further 15 metres. 14. TIME RECORDS 14.1 The employer will keep a record from which can be readily ascertained the following :- (a) The name of each employee and his/her classification; (b) The hours worked each day. (c) The gross amount of wages and allowances paid; (d) The amount of each deduction made and the nature thereof; (e) The net amount of wages and allowances paid on the nominated day in accordance with clause 24; (f) The employers' Workers Compensation Policy or other satisfactory proof of insurance such as a renewal certificate; (g) Any relevant records which detail taxation deductions and remittances to the Australian Taxation Office, including those payments made as P.A.Y.E. Tax, whether under a Group Employer's Scheme or not; (h) A certificate or other documentation from the State Long Service Leave Board or Authority which will confirm the employers registration, the date of the last payment, and the period for which that payment applies (where such documentation is available under State Legislation); and Page - 15 



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 (i) The employer's and the employee's appropriate industry Superannuation Scheme number and the contribution returns by the employer to the Scheme on behalf of the employee, where such benefits apply. 14.2 All records and documentation referred to in clause 14.1 or copies thereof, will be available for inspection by the employee during the usual office hours, at the employer's office, or other convenient place. 15. EMPLOYER AND EMPLOYEE DUTIES 15.1 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 and multi skilling arrangements in place. Any direction issued by an employer will be consistent with the employer's and employee's responsibilities to provide a safe and healthy working environment. 16. LICENCE AND REGISTRATION 16.1 All wet charged fire protection is to be carried out by registered or qualified unregistered sprinkler fitters and the employer is required to a have contractor's licence with the Office of Fair Trading in NSW. 17. MIXED FUNCTIONS 17.1 An employee appointed for more than half of one day or shift on duties carrying a higher rate than his/her ordinary classification will be paid the higher rate for such day or shift. If for less than half of one day or shift he/she will be paid the higher rate for the time so worked. 18. SUPERANNUATION 18.1 All employees will be paid superannuation at the applicable legislative percentage into an approved superannuation scheme, such as C + BUS. The employer will provide Sprinkler Pipe Fitters with the option to salary sacrifice. 18.2 The subject of superannuation is extensively dealt with by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties except as provided for under this Agreement. The above contribution rates do not limit an enterprise's liability under the Superannuation Guarantee Charge (SGC). Page - 16 



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 18.3 ABSENCE FROM WORK (a) Subject to the Trust Deed to the Fund of which an employee is a member, the following provisions will apply. (b) PAID LEAVE i. Contributions will continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave. (c) UNPAID LEAVE i. 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 i. In the event of an eligible employee's absence from work being due to work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that :- A. 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 B. The person remains an employee of the employer. 18.4 EMPLOYEE CONTRIBUTIONS (a) Subject to the rules of the Fund, employees who wish to make contributions to the Fund additional to those being paid pursuant to clauses 18.1, 18.2 and 18.3 will be entitled to do so. Such employees may either forward their own contribution directly to the Fund administrators or, where it is practicable to do so, authorise the employer to pay into the Fund from the employee's wages, amounts specified by the employee. (b) Employee contributions to the Fund deducted by the employer at the employee's request will be held in Trust on the employee's behalf and be subject to the following conditions :- i. The amount of contributions will be expressed in whole dollars; and ii. Employees will have the right to adjust the level of contribution made on their own behalf from the first of the month following the giving of three months' written notice to the employer. Provided that by agreement with the employer, employees may vary their additional contribution in extenuating circumstances at other times. 18.5 Contributions deducted under clause 18.4 will be forwarded to the Fund at the same time as contributions under clause 18.4. Page - 17 



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 19. LONG SERVICE LEAVE 19.1 An employee will be entitled to Long Service Leave in accordance with applicable NSW State legislation. Where an employee is eligible, the employer will register an employee with the Building and Construction Industry Long Service Payments Corporation within 14 days of commencement of his/her employment. 20. REDUNDANCY/SEVERANCE 20.1 The employer will :- (a) participate in the ACIRT Redundancy Scheme or other equivalent Redundancy Scheme/Fund as agreed between the employer and employees (Scheme); and (b) make contributions to the Scheme in accordance with this clause for each employee. 20.2 The amount of the contribution by the employer per week per employee will be as follows :- signing 2024 March 2025 March 2026 $206.60 $206.60 $206.60 Note (*) This amount will apply for Service Fitters who do not receive Paid Leisure Days. 20.3 For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 20.2 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. 20.4 Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. 20.5 Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. 20.6 The amount of the contribution by the employer per week for each Apprentice employed by the employer after lodgement of this agreement will be as follows :- Classification Rate per Week 1st & 2nd Year Apprentices NIL 3rd & 4th Year Apprentices $32.50 20.7 DEFINITION (a) 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. Page - 18 



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 20.8 REDUNDANCY PAY A redundant employee will receive redundancy/severance payments, calculated at the rate prescribed under the National Employment Standards (NES). (a) Weeks' pay means the ordinary time rate of pay at the time of termination for the employee concerned. (b) The employer's liability for redundancy/severance pay as per clause 20.8 will be set off against the liability of the employer under clause 20.1, and the employee will receive the Fund/Scheme Payment or the Redundancy/Severance Pay Entitlement (as per clause 20.8), whichever is the greater, but not both. (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. 20.9 CASUALS AND APPRENTICES (a) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (b) 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 twelve months. 20.10 EMPLOYEE LEAVING DURING NOTICE PERIOD (a) An employee whose employment is to be terminated in accordance with this clause may terminate his/her employment during the period of notice and if this occurs, will be entitled to the provisions of clause 20.8 as if the employee remains with the employer until the expiry of such notice. In such circumstances the employee will not be entitled to payment in lieu of notice. 21. RETRENCHMENT SELECTION CRITERIA 21.1 To meet the needs of restructuring principles, the criteria for selection must include all of the following :- (a) The special needs of the type of work the employer may tender; (b) Ability, special skills and experience; (c) Self-motivation, productivity and ability to work without supervision; (d) Attendance and punctuality; (e) Adherence to safety procedures; Page - 19 



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 (f) Seniority; (g) Reliability; and (h) Performance and discipline records kept for each employee. (i) Licensed and Registered Sprinkler Fitters. 22. TOP-UP WORKERS COMPENSATION/24 HOUR ACCIDENT COVER & SICKNESS INSURANCE 22.1 The Company recognises the importance of providing income security for employees and their families. 22.2 Accordingly, the employer will take out and continue to hold a Top-Up and 24 Hour Sickness & Accident Income Protection Plan" policy, or equivalent policy, for each employee with Marsh Pty Ltd. 22.3 The policy taken out in accordance with clause 22.2 must not have a waiting period of more than 14 days for an accident or sickness, or 30 days for sporting injuries, where covered. 22.4 The agreed premium / rate per employee will cover employees for a min of $2200 / week whilst injured 23. ROSTERED DAY OFF AND PAID LEISURE DAY 23.1 ROSTERED DAY OFF (RDO) (a) Employees shall accrue thirteen Rostered Days Off (RDOs) per annum. (b) RDOs shall be taken at times when the industry has scheduled or at other times agreed with the employer as follows :- i. Six RDOs will be taken on fixed dates in accordance with the agreed industry calendar; and ii. Additional RDOs accrued may be taken in accordance with the agreed industry calendar or at times mutually convenient to the employer and employee. (c) Employers shall pay employees 7.2 hours (7 hours and 12 minutes) for each RDO at the Hourly Rate prescribed in Appendix A and will be paid Fares and Travel as prescribed in Clause 10. 23.2 PAID LEISURE DAY i. Newcastle based employees involved in Service and/or Testing shall be paid the "Service/Other Areas" rate as the employer contribution to the ACIRT Redundancy Scheme as per Clause 20.2 in lieu of receiving Paid Leisure Days. Page - 20 



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 23.3 COMMENCING EMPLOYMENT (a) When commencing employment, employees may not have enough RDO/PLD accruals to obtain full payment therefore only partial payment may be made from accruals they have accumulated since commencing employment. 23.4 TERMINATION OF EMPLOYMENT (a) Upon termination, the employer will pay employees all unused RDO accruals and PLD accruals. 23.5 TRANSITIONAL ARRANGEMENTS CONTRACTS ONLY DELETE THIS CLAUSE 24. HOURS OF WORK 24.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be worked in a twenty-day, four-week cycle, Monday to Friday inclusive, with nineteen working days of eight hours each between the hours of 6.00 a.m. and 6.00 p.m DELETE THE REST OF THIS CLAUSE 24.2 Start and Finish Times (a) The normal working day shall commence at 7:00am. By agreement between the employer and employees, the working day may begin at 6:00am or at any other time between that hour and 9:00am, and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break and finish time. (b) Contract Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. (c) The employee is entitled to take daily Work Breaks as defined in clause 25. (d) The employee shall finish work on a normal working day at 3:30pm if the Work Breaks prescribed in clause 25 are taken. Page - 21 



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 25, WORK BREAKS 25.1 DAILY REST BREAKS (a) There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am. and 11:00 am. By agreement this Daily Rest Break may not be taken, and a reasonable adjustment will be made to the finishing time. 25.2 MEAL BREAKS (a) There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken as an unpaid break at a time that meets the needs of each particular project. 25.3 VARIATION OF MEAL BREAKS (a) 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. 25.4 OVERTIME REST BREAKS (a) When an employee is required to work ten or more hours in any shift, the employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration and thereafter, after each four hours of continuous work, the employee will be allowed to take, without deduction of pay, a rest break of 30 minutes in duration. In the event of an employee remaining at work without taking the rest break of 20 minutes the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly. 26. OVERTIME 26.1 OVERTIME GENERALLY (a) All time worked beyond the ordinary hours of work as prescribed in clause 25, inclusive of time worked for accrual purposes as prescribed in Clause 24, will be paid for at the rate of time plus one half the Hourly Rate (i.e. 150% the normal time rate) prescribed in Appendix A for the first two hours then at double the Hourly Rate (i.e. 200% the normal time rate) prescribed in Appendix A. 26.2 CALL-BACK (a) 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 four hours' work at the appropriate rates for each time the employee is so recalled. (b) Except in the case of unforeseen circumstances arising the employee will not be required to work the full four hours referenced in Clause 26.2(a) if the job or jobs the employee was recalled to perform is completed within a shorter period. Page - 22 



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 (c) 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 clause 26.2(a) will not apply. (d) Clause 26.2(a) 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. 26.3 WORKING DURING MEAL BREAK (a) If the employer requires an employee to work through their normal meal break the employee will be paid at double the Hourly Rate prescribed in Appendix A (i.e ., 200% the normal time rate) from the time the meal break would be taken until the employee is allowed to take such a break. 26.4 TRANSPORT AFTER OVERTIME OR HOLIDAY WORK (a) 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 then 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. 26.5 BREAKS BETWEEN WORKING DAYS (a) An employee who is not on call and 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 10 consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had 10 consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (b) If, on the instructions of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty the employee will be paid at double time 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 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (c) 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 12 hours. Page - 23 



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 27. WEEKEND WORK 27.1 Time worked on Saturday's and Sunday's will be paid for at the rate of double the Hourly Rate prescribed in Appendix A (i.e ., 200% the normal time rate). 27.2 An employee required to work on a Saturday or Sunday will be afforded at least three hours' work on a Saturday or four hours' work on a Sunday or will be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate. 27.3 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. 27.4 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. 28. NIGHT SHIFT 28.1 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. 28.2 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 28.3 Reasonable time will be allowed for a meal or meals during such shift. 28.4 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. Subject to clause 29.5 28.5 below, 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 will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 11. 28.5 Omitted 28.6 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 29 will be regarded as shifts worked for accrual purposes. 28.7 Any unused accrued entitlement under this clause will be paid on termination of employment. Page - 24 



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 28.8 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. 28.9 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 29.10. 28.10 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 26 and clause 27. 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. 28.11 The rate of pay for night shift will be 133% of the respective wage rate. 28.12 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 24 and clause 32apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. 29. HOLIDAYS AND SUNDAY WORK 29.1 An employee on Weekly Employment will be entitled without loss of pay to public holidays as follows :- New Year's Day Anzac Day Australia Day Queen's Birthday Easter Saturday Christmas Day Easter Monday Boxing Day Furthermore, any additional gazetted Public holiday will be observed 29.2 Provided that a Sprinkler Fitter / Fire Protection Worker will be entitled to such other holiday as may be applicable to and on the same terms and conditions as the majority of building workers in that State or Territory or in accordance with Governmental proclamation. 29.3 By agreement between any employer and his/her employees other days may be substituted for the said days or any of them as to such employer's undertaking. 29.4 When employed on a Sunday, the employee will receive double the respective rate provided always that each employee will receive payment at double the respective wage rate for not less than one-half day's employment for any time so worked between 7.00 a.m. and 5.00 p.m. Page - 25 



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 29.5 When work is performed on any of the public holidays specified in 29.1, an employee will be paid at the rate of double time and a half for work done. Such rate is to continue until he/she is released from duty. 29.6 An employee who works on a Sunday or a public holiday and (except for meal breaks) immediately thereafter continues such work will on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time off duty occurring during such absence. 29.7 An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which will lie upon the employer) will pay the employee a day's ordinary wages for each public holiday or each public holiday in a group as prescribed in 29.1 which falls within 10 consecutive calendar days after the day of termination. 29.8 Where any two or more of the holidays prescribed in this Agreement occur within a 7 day span, such holidays will for the purposes of this Agreement be a group of holidays. If the first day of the group of public holidays falls within 10 consecutive calendar days after termination, the whole group will be deemed to fall within the 10 days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. 30. FAMILY PICNIC DAY 30.1 All NSW 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. It is agreed that employees will provide cover for the picnic day in the form of an agreed roster. Employees required to work on the picnic day will have another alternate day off. 31. PERSONAL/CARER'S LEAVE AND COMPASSIONATE LEAVE 31.1 Amount of paid personal leave will be paid in line with National Employment Standards (NES) (NES) 31.2 Sick Leave/Carers Leave will be paid in line with National Employment Standards (NES) 31.3 Compassionate Leave will be paid in line with National Employment Standards (NES) 32. ANNUAL LEAVE 32.1 PERIOD OF LEAVE (a) A period of 28 consecutive days, exclusive of any public holidays occurring during the period will be given and taken as leave annually to all employees, other than casual employees, after 12 months continuous service (less the period of annual leave) with an employer. Page - 26 



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 (b) Provided that where a rostered day off, as prescribed in clause 23, falls during the period annual leave is taken, payment of accrued entitlement for such day will be made in addition to annual leave payments. 32.2 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 occurring therein, will be given and taken within six months from the date when the right to annual leave accrued. (b) Provided that where the employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. In the event of lack of agreement between the parties the matter will be dealt with under clause 44. (c) Provided further that in circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of clause 32 may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a single day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend. 32.3 LEAVE ALLOWED BEFORE DUE DATE (a) An employer may allow such leave to an employee before the right thereto has accrued, but where leave has been taken in such a case the qualifying period for a further period of annual leave will not commence until the expiration of the 12 months in respect of which the leave so allowed was taken. (b) Where the leave prescribed by clause 32 has been allowed pursuant to clause 32.3(a) and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months continuous service in respect of which the leave was allowed in advance, the employer may for each complete week of the qualifying period of 12 months not served by the employee, deduct from whatever remuneration is payable upon the termination of the employment one fifty second of the amount of wages paid on account of the annual leave. (c) Provided that notwithstanding anything elsewhere contained in this clause, an employee who has worked 12 months in the industry with various employers without taking annual leave, will, if he/she so desires and after a minimum period of six months employment, be entitled to take leave and will be paid pro rata entitlement due at the commencement of such leave. 32.4 PROPORTIONATE LEAVE ON TERMINATION (a) Where an employee has given one week or more continuous service, inclusive of any day off as prescribed by clause 24 (excluding overtime), and he/she either leaves his/her employment or his/her employment is terminated by the employer he/she will be paid one twelfth of an ordinary week's wages in respect of each completed week of continuous service with his/her current employer for which leave has not been granted or paid for in accordance with this Agreement. Page - 27 



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 32.5 BROKEN SERVICE (a) Where an employee breaks his/her continuity of service by an absence from work for any reason other than a reason set out in clause 32.3 the amount of leave to which he/she would have been entitled under clause 32.1 will be reduced by one forty eighth for each week or part thereof during which any such absence occurs. (b) Provided, however, that no reduction will be made in respect of any absence unless the employer informs the employee in writing of his/her intention so to do within 14 days of the termination of the absence. 32.6 CALCULATION OF CONTINUOUS SERVICE (a) For the purposes of this clause service will be deemed to be continuous notwithstanding an employee's absence from work for any of the following reasons :- i. Illness or accident up to a maximum of four (4) weeks after the expiration of paid sick leave; ii. Bereavement leave; iii. Jury service; iv. Injury received during the course of employment and up to a maximum of 52 weeks for which he/she received Worker's Compensation; v. Where called up for military service for up to three months in any qualifying period; vi. Any reason satisfactory to the employer or in the event of dispute as determined under clause 45. Provided that the reason will not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when he/she was due to attend for work or as soon as practicable thereafter of the reason for the absence and the probable duration thereof; or vii. Any other leave authorised by the employer or available under this Agreement. 32.7 PAYMENT FOR PERIOD OF LEAVE (a) Each employee, before going on leave, will be paid in advance the wages which would ordinarily accrue to him/her during the currency of the leave. (b) In addition to the payment prescribed in 33.7(a) an employee will receive during a period of annual leave a loading of 17.5% calculated on the rates, loadings and allowances prescribed by Appendix A (excluding fares and travelling time). The loading prescribed above will also apply to proportionate leave on lawful termination. (c) 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 country work the employee returns to the place regarded as his/her headquarters by the first reasonable means of transport, his/her annual leave will commence on the first full Page - 28 



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 working day following his/her return to such place of engagement or headquarters as the case may be. 32.8 PAYMENT IN LIEU OF TAKING LEAVE (a) Except as provided for in clauses 32.8(b) to 32.8(f) payment shall not be made by an employer to an employee in lieu of any annual leave or part thereof. (b) An employee may request to be paid up to two weeks of their accrued annual leave entitlement every 12 months even though the employee does not take that leave. (c) A request to be paid annual leave as per clause 32.8(b) must be in writing. The request should specifically state that the employee wants to cash out annual leave and the amount they want to be paid. (d) An employer shall not coerce an employee to be paid annual leave that is not taken or exert undue influence or pressure on an employee in relation to a decision about whether or not to cash out a period of annual leave. (e) If an employee does elect to be paid out some of their annual leave they will be entitled to the annual leave loading for that amount of leave. (f) An employer may refuse any request by an employee to be paid out annual leave. 33. PARENTAL LEAVE Parental Leave will be paid in line with National Employment Standards (NES) 34. TERMINATION OF EMPLOYMENT 34.1 NOTICE OF TERMINATION (a) In order to terminate the employment of an employee the employer must give to the employee the following notice :- Employee's period of continuous service with the employer Period of notice Not more than 1 year At least 1 Week More than 1 year but not more than 3 years At least 2 Weeks More than 3 years but not more than 5 years At least 3 Weeks More than 5 years At least 4 Weeks (b) In addition to the notice in clause 34.1(a), employees over 45 years of age at the time of the giving of the notice with not less than two years' service are entitled to an additional week's notice. Page - 29 



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 (c) Payment in lieu of the notice prescribed in clauses 34.1(a) and clause 34.1(b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. (d) In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time he/she would have worked during the period of notice, had their employment not be terminated, must be used. (e) The period of notice in this clause does not apply in the case of dismissal for conduct that justifies instant dismissal or in the case of casual employees. 34.2 NOTICE OF TERMINATION BY THE EMPLOYEE (a) The notice of termination required to be given by an employee must be one week's notice or payment in lieu of the notice if the notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu of the balance. (b) If an employee fails to give notice the employer will have the right to withhold monies due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice. 34.3 STATEMENT OF EMPLOYMENT (a) The employer will, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the employee. 34.4 STANDING DOWN OF EMPLOYEES (a) Notwithstanding anything elsewhere contained in this clause the employer will have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or any stoppage of work by any cause. 35. APPRENTICES 35.1 Apprentices will be paid all wages, conditions and allowances under this agreement for time spent attending college/school in the course of their apprenticeship. 35.2 Time spent attending college/school will count as time served for all purposes. 35.3 Apprentices who fail college/school will not receive productivity allowance payments until they have passed the previous year's training. 35.4 All Sprinkler Pipe Fitter apprentices employed by the employer will be registered with the appropriate NSW training authority. 35.5 The Sprinkler Fitting / Fire Protection course to be undertaken by the Apprentice will be mutually agreed between the Apprentice and the employer. Page - 30 



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 35.6 For the purpose of this clause training agreement will be taken to include contract of training and indenture. 35.7 APPRENTICE TRAINING (a) The apprentice will work towards achieving the qualification of a trade certificate in Sprinkler Fitting / Fire Protection or any subsequent equivalent certificate III in Services (Fire Protection). The apprentices will do their course by block release. (b) Where an apprentice cannot reasonably be expected to travel to and from his/her residence each day during the period of Block Release Training, return travel between his/her usual place of residence and the city where the course is conducted will be arranged by the employer at no cost to the apprentice. The employer will also arrange suitable accommodation to be available at no cost to the apprentice. 35.8 CONTRACT OF APPRENTICESHIP / TRAINING AGREEMENT / INDENTURE (a) The apprentices will be contracted to the employer to learn the craft or trade of Sprinkler Fitting / Fire Protection on a full time basis for a term of four years comprising of off-the-job and on-the-job training to complete the Sprinkler Fitting / Fire Protection apprenticeship. (b) Every training agreement for an apprenticeship hereinafter made will contain as a minimum the following information :- i. The names of the parties; ii. The date of birth of the apprentice; iii. A statement that Sprinkler Fitting / Fire Protection is the trade, vocation or occupation to which the apprentice is to be contracted; iv. Agreement by the employer to teach and instruct and/or cause the apprentice to be taught or instructed in the trade, vocation or occupation to which the apprentice is contracted; v. The date at which the apprenticeship is to commence or from which it is to be calculated with the nominal time period expected to complete the training being four years; and vi. A provision that specifies that the Sprinkler Fitting / Fire Protection 1st Class Apprenticeship course taught at Randwick TAFE College or any agreed subsequent course or National Training Package that supersedes these courses and which leads to a AQF certificate III qualification in Services (Fire Protection) is the course that is to be taught for the purpose of the apprenticeship. These provisions are to be contained in the Training Program or outline of the training that may be attached to or form part of the training agreement. (c) The Training Program or outline of training will be consistent with any future National Training Package for Fire Protection and its various components including the Learning Strategy. Page - 31 



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 35.9 CANCELLATION, SUSPENSION OR TRANSFER OF APPRENTICESHIP (a) Subject to the approval of an appropriate statutory training authority, but not otherwise, a training agreement may be suspended or cancelled :- i. By the mutual consent of the parties; ii. if through lack of orders or financial difficulties an employer is unable to find suitable employment for an apprentice and a transfer to another employer cannot be arranged; i. If in the opinion of the appropriate statutory training authority circumstances exist which render such suspension or cancellation necessary or desirable; or iv. An apprentice may, with the consent of the parties to the training agreement and with the approval of the appropriate statutory training authority, transfer his/her training agreement to another employer. Provided always that irrespective of the number of different employers taking the apprentice for a term, the two or more terms will be regarded as one continuous term and the later or latest employer will accept the apprentice at the position the apprentice occupied under his/her training agreement at the date he/she was with his/her immediate former employer. 35.10 Any training agreement inconsistent with the provisions of clause 35 will be null and void and of no force or effect while this Agreement remains in force and applies to the parties to the training agreement. Clause 35.10 will not apply where there is a State training authority or equivalent statutory body having power to cancel, suspend or transfer training agreements in the occupation specified herein provided that the conditions for the cancellation, suspension or transfer of such agreements are of no lesser standard than the provisions of clause 35.9. 35.11 PERIOD OF APPRENTICESHIP (a) Except as provided in clause 35.17 all apprentices under this Agreement will be apprenticed for a period of four years. 35.12 PROBATIONARY PERIOD (a) A minor may serve a probationary period of three months and if apprenticed such three months will count as part of his/her period of apprenticeship. This sub-clause will not apply where there is a statutory apprenticeship authority having power to determine probationary period. 35.13 WAGES APPRENTICES (a) The Hourly Rate for apprentices are shown in Appendix A. 35.14 HOURS (a) The ordinary hours of employment of apprentices will not exceed those of a Sprinkler Fitter / Fire Protection Worker. Page - 32 



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 35.15 Overtime and shift work (a) No apprentice under the age of eighteen years will be required to work overtime or shift work unless he/she so desires. No apprentice will, except in an emergency, work or be required to work overtime or shift work at times which would prevent his/her attendance at technical school as required by any statute, award or regulation applicable to him/her. 35.16 PAYMENT OF RESULTS (a) An apprentice will not work under any system of payment by results. 35.17 LOST TIME (a) The apprentice will for every day of absence from his/her work during any year of the said term without the consent of the employer serve one day at the end of the calendar period of any such year of his/her apprenticeship if required to do so by the employer, or if the employer's decision is disputed, as determined under clause 45 - Disputes Resolution Procedure. The calendar period of the next succeeding year of his/her apprenticeship will be deemed not to begin until the said additional day or days have been served: provided that in calculating the extra time to be served the apprentice will be credited with time which he/she has worked during the relevant years in excess of his/her ordinary hours of service. (b) Clause 35.17 will not apply where there is a State training authority or equivalent statutory body having power to determine the lost time of an apprentice in the occupation specified herein or affect the right of such an authority to determine such lost time. 35.18 PROHIBITION OF PREMIUMS (a) An employer will not, either directly or indirectly, or by any pretence or device receive from any person or require or permit any person to pay or give any consideration in the nature of a premium or bonus for the taking or binding of any probationer or apprentice. 35.19 ATTENDANCE AT TECHNICAL SCHOOLS (a) The apprentice will be released by the employer to attend technical college during ordinary hours of work for the purpose of undertaking the off the job component of the apprenticeship training without loss of pay. (b) Clause 35.19 will not apply where there is a statute Federal or State providing for the non-payment of technical college fees by apprentices. Page - 33 



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 35.20 OPERATION OF OTHER LAWS (a) Where there is a statute relating to apprentices is now or hereafter in force or in which any authority with statutory power has issued or may issue any regulations relating to apprentices such statute and such regulation will operate, provided that the provisions thereof are not inconsistent with this Agreement. (b) The provisions of any statute, award or regulation which gives a state training authority or equivalent statutory body power to cancel, suspend or transfer training agreements in the occupation specified herein or power to determine disputes between parties to training agreements including disputes relating to :- i. Disciplinary matters in respect to apprentices and employers; i. Completion of the training agreement; = iii. Off-the-job attendance; or iv. Other matters concerning the administration of training agreement will not be deemed to be inconsistent with this Agreement provided that such statute, award or regulation provides for the state training authority or equivalent statutory body to exercise powers in respect to making determinations or decisions on the above matters and provides for appeal mechanisms in respect to such determinations and decisions. 35.21 ADULT APPRENTICES (a) DEFINITION i. For the purpose of this Agreement, an adult apprentice means a person of 21 years of age or over at the time of entering into an indenture to a trade within the scope of this Agreement. (b) APPLICATION OF GENERAL CONDITIONS OF APPRENTICESHIP i. The provisions of this Agreement will apply to adult apprentices unless specifically provided otherwise by clause 35.21. (c) TRAINING CREDITS i. Subject to the provisions of this clause, the training to be completed by an adult apprentice under a contract of indenture will be determined by the relevant State Training Authority through its approved agencies based upon training credits being granted for the relevant working experience and educational standard obtained by the apprentice Page - 34 



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 (d) HOURLY RATE i. 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 becoming indentured. ii. For the purpose only of fixing a rate of pay, the adult apprentice will continue to receive the rate of pay that is, from time to time, applicable to the classification or class of work specified in Appendix A, and all relevant allowances of this Agreement and in which the adult apprentice was engaged immediately prior to entering into the contract of indenture. 36. STRUCTURED VOCATIONAL TRAINING 36.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the fire protection Industry has been integral to the efficiency and productivity of that industry 36.2 The parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. In this regard the parties are committed to :- (a) Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of AQF Level 3 (AVTS level 3); and (b) Ensuring that the trade skills required for the fire protection 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 Fire Protection Tradesperson Level 1 (100%) within the classification structure. 37. TOOLS 37.1 Where the employer requires an employee to provide tools the employer will reimburse the employee the cost of providing the tools. The provisions of this clause do not apply where the tools are provided by the employer. 37.2 The employee will be responsible for such tools as he/she is provided with by the employer. Any shortages except those occasioned by fair wear and tear, reasonable breakage or theft outside of working hours, will be made good by the employee. Page - 35 



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 38 PROTECTIVE CLOTHING - (Annual Issue) The company will place orders annually in February for protective clothing for all employees covered by this agreement in accordance with the following schedule; The employee can choose from the below options; A maximum of two (2) articles from the below list 1) two tone Windcheater 2) Jacket - high visibility with reflective tape A maximum of six (6) Cotton drill long sleeve Shirts - High Visibility A maximum of four (4) pairs of cotton Drill Trousers - normal One pair of safety boots (Black or Beige Suede). Employees requiring specialised footwear to suit a podiatry condition will be accepted. Note that boots will be replaced on a fair wear and tear basis. Flexibility will be provided in the event that staff do not require certain items but may need a second item due to the nature of their work. New Employees will after four (4) weeks of continuous service will be provide with a twelve month issue of clothing. Irrespective of the foregoing regular issues, the company will replace protective clothing on a fair wear and tear basis upon receipt of the worn out pre issued clothing. Note that uniforms will be ordered in one batch, hence, noncompliance with the return date will hold up the ordering process for all employees. 39. CONSULTATIVE MECHANISMS 39.1 A Company Consultative Committee (CCC) will implement this Agreement where more than 15 employees are covered by this Agreement. 39.2 The CCC will :- (a) Consist of equal numbers of internal management and employee representatives who are elected from the workforce; (b) Meet as required but not less than every three months; and (c) Form a constitution and deliberate on matters affecting the staffing requirements and workplace policies of the company. Disputes regarding the functioning of the CCC and its decisions will be resolved via the dispute resolution provision of this agreement. 39.3 Meetings of the CCC may be convened at the request of either the management or the employee representatives Page - 36 



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 39.4 Where no CCC is established, appropriate consultative mechanisms will be established by agreement between the employer and employees representatives. 40. OCCUPATIONAL HEALTH AND SAFETY 40.1 The parties to this Agreement commit themselves to the establishment and maintenance of a safe and healthy working environment, in accordance with the Occupational Health and Safety Act 2000 (NSW) and any relevant occupational health and safety legislation in NSW and any site OHS agreement or any new legislation that may replace this legislation during the life of the agreement. 41. INCLEMENT WEATHER CONSTRUCTION ONLY This clause is deleted. 42. ANTI-DISCRIMINATION 42.1 It is the intention of the employer to achieve the principal object in s.3(e) of the Fair Work Act 2009 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 42.2 Accordingly, in fulfilling their obligations under the Settlement of disputes clause, the respondents must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 42.3 Nothing in clause 43 is to be taken to affect :- (a) Any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; (b) An employee, employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by applications to the Human Rights and Equal Opportunity Commission; or (c) The exemptions in clauses 659(3) and (4) of the Workplace Relations Act 1996 (Cth). 43. JURY SERVICE MAKE-UP PAY and COMMUNITY SERVICE LEAVE 43.1 JURY SERVICE (a) 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 25) per day plus fares. Page - 37 



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 (b) The employee will give the employer proof of such attendance and the amount received in respect of such jury service. (c) The employee must notify the Company as soon as practicable of the date upon which their attendance is required and must provide the Company with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 43.2 COMMUNITY SERVICE LEAVE Community Service leave will be in line with the Fair Work Regulations 2009. 44. DISPUTES RESOLUTION PROCEDURE 44.1 The dispute resolution process will be used to address all disputes under the agreement and any that may arise from the implementation of National Employment standards. 44.2 The parties will endeavour to resolve disputes and grievances by direct negotiation and consultation. 44.3 At any stage of the process an Employee may seek advice and/or representation. 44.4 As soon as possible after raising a concern, an Employee should discuss the matter with the supervisor who will attempt to resolve the matter early. 44.5 If the matter is not resolved, it may be raised with a manager, who will attempt to resolve the matter, possibly involving more senior managers and/or a Human Resources representative. 44.6 Work must continue without any limitation or interruption while the dispute is being resolved. 44.7 If the matter remains unresolved, the parties may agree to refer the matter to an agreed mediator. 44.8 Either party may refer the dispute to Fair Work Australia (FWA) for conciliation and/or Arbitration. 44.9 Either party agree to follow the process as set out by FWA. 44.10 Any recommendation to parties by a third party, and any outcome or resolution, must not be inconsistent with the National Code of Practice for the Construction Industry and the Implementation Guidelines for the National Code of Practice for the Construction Industry, as amended from time to time. 44.11 By agreement, some steps of the dispute resolution process may be bypassed if necessary to achieve an effective resolution of the dispute. 44.12 An employee has the right of representation through all steps of this disputes settlement procedure Page - 38 



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 45. SERVICE WORK ONLY 45.1 An employee required to perform service work outside normal working hours for breakdown, accident or other emergency work shall be paid at the rate of double time. The calculation of the period of time of duty shall include only the time reasonably occupied in travel or work between the time of the employee's departure from his/her return thereto provided that: in the case of the first call-back in the same day as for at least a period of one hour whether occurring within two hours of the first call-back or not. 45.2 ON CALL (a) Where an employee is required to be on call outside the ordinary hours of work he/she shall be readily contactable by telephone at all relevant times during such stand-by and shall be entitled to :- (b) i. Permanent on roster or casual will receive $309.55 / week on call seven days ii. Employees rostered on a Good Friday, Easter Sunday, Xmas Eve, Xmas Day, New year's Eve, New Year's day will receive $150 per day for that particular stand by in leu of the normal daily on call rate iii. Employees on call and required to work on a public holiday that falls on a week day the employee will receive an alternated day off taken within 7 days of the gazetted public holiday 45.3 CALL BACK AND REST PERIOD (a) Overtime worked in the circumstances specified in 45.1 and 45.2 shall not be regarded as overtime for the purposes of 26.5 where the actual time worked is less than four hours on each recall. 45.4 MEAL HOURS (a) For work instructed to be done during meal periods and thereafter until a meal break is allowed time and a half rates shall be paid. An employee shall not be compelled to work for more than five hours without a break for a meal. 45.5 REASONABLE OVERTIME (a) An employer may require any employees to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements. 45.6 MEALS AND CRIB TIME (a) Where an employee is required to work overtime for at least one and a half hours after working ordinary hours he/she shall be allowed an amount of $11.29 to meet the cost of a meal, plus an additional $11.29 for each subsequent four hours worked. When working overtime for two hours or more, employees shall be allowed to take without deduction of pay, 20 minutes for crib immediately after the ordinary ceasing time, and Page - 39 



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 thereafter 30 minutes for crib shall be allowed after each four hours of continuous work. 45.7 SERVICE WEEKLY ALLOWANCE Employees required to carry out service work including testing will be paid a service allowance of $17.50 per week. This payment is paid in lieu of all special rates and is paid in accordance with the following matrix; Description Allowance Payable Rate Annual Leave Not Paid Per Day Workers Compensation Not Paid Per Day RDO Paid Per Day Sick with Certificate Not Paid Per Day Sick without Certificate Not Paid Per Week Public Holiday Not Paid Per Day Picnic Day Not Paid Per Day Bereavement Leave Paid Per Day 45.8 Employees working in Minor Works and Emergency Service areas will also receive a working with water allowance of $4.50 a day paid for every day worked in that environment. 45.9 Newcastle Sprinkler Fitters will receive $4.50 / day as a service allowance in lieu of the above allowances stated. 46. WORKPLACE FLEXIBILITY 46.1 The terms in clause 46.7 of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 46.2 The Employer will not make an IFA unless the following conditions are satisfied :- (a) The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement; (b) The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement; (c) The IFA must be genuinely agreed to by the employer and the employee; and (d) 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. 46.3 The IFA must be able to be terminated: (a) by either the employee, or the employer, giving written notice of not more than 28 days; or (b) by the employee and the employer at any time if they agree, in writing, to the termination. Page - 40 



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 46.4 The IFA must be in writing and signed: (a) In all cases, by the employee and the employer; and (b) If the employee is under 18, by a parent or guardian of the employee. 46.5 The IFA must be given to the employee within 14 days after it is agreed to. 46.6 It is a very serious breach of this Agreement if the Employer enters into an IFA and the above conditions are not satisfied. 46.7 The terms that may be subject to an IFA are: (a) Salary Sacrificing; and (b) Leading Hands Allowance. 47. CONSULTATION 47.1 This term applies if: (a) The enterprise intends to make a decision to introduce a change to production, program, organisation, structure, or technology in relation to its enterprise; and (b) The change could have an effect on employees of the enterprise. 47.2 The enterprise must notify the relevant employees of the decision to introduce the major change. 47.3 The relevant employees will appoint a representative for the purposes of the procedures in this term If: (a) A relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and (b) The employee or employees advise the enterprise of the identity of the representative; the enterprise must recognise the representative. 47.4 When the enterprise intends to make its decision, the enterprise must :- (a) Discuss with the relevant employees the introduction of the change; (b) The effect the change is likely to have on the employees; (c) Measures the enterprise is taking to avert or mitigate the adverse effect of the change on the employees; and (d) For the purposes of the discussion provide, in writing, to the relevant employees :- i. All relevant information about the change including the nature of the change proposed; Page - 41 



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 ii. Information about the expected effects of the change on the employees; and iii. Any other matters likely to affect the employees. 47.5 However, the enterprise is not required to disclose confidential or commercially sensitive information to the relevant employees. 47.6 The enterprise must give prompt and genuine consideration to matters raised about the change by the relevant employees. 47.7 In this term, a change is likely to have a significant effect on employees if it results in :- (a) The termination of the employment of employees; (b) Change to the composition, operation or size of the enterprise's workforce or to the skills required of employees; (c) The elimination or diminution of job opportunities (including opportunities for promotion or tenure); (d) The alteration of hours of work; (e) The need to retrain employees; (f) The need to relocate employees to another workplace; (g) The restructuring of jobs; or (h) Any other matter pertaining to the employee/employer relationship. 47.8 In clause 47 relevant employees means the employees who may be affected by the change. 48. CONVERSION TO 36 HOUR DIVISOR (CONSTRUCTION ONLY) DELETE THIS CLAUSE Page - 42 



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 49. SIGNATORIES Name: CEPU Plumbing division Position: secretary Signature: Theo Samartropalos 2/5/2024 Date: Address c/o Shop 1/111 MCEvoy St Alexandria USW 2015 Signatories for and on behalf of the Wormald Newcastle Enterprise Signature: Name: _KEVINFARLEY Position: _NNSW REGIONAL MANAGER Enterprise: WORMALD_ ABN: _80008399004 Address: 3/10 ARUMA PLACE CARDIFF Phone/Fax no: _ 133166 Mobile no: _0407370297 Email address: kefarley@wormaqld.com.au Date: 1/5/24 Page - 43 



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 50. APPENDIX A - WAGE RATES AND ALLOWANCES - FITTER Appendix A Wage Rate and Allowance's Registered Fitter Rates of Pay 2024-2026 - 6% x 5% x 5% increase per annum All Rate changes from the first full pay period after the date nominated. 1st March 2024 1st March 1st March 38 Hour 2025 2026 Week 38 Hour 38 Hour Week Week Registered Fitter $45.84 $48.13 $50.54 Hourly Rate Registered Fitter $1742.11 $1829.00 $1920.52 Per Week Fares Per Day $15.00 $15.00 $15.00 Fares Per Week $75.00 $75.00 $75.00 Travel Time Rate $41.35 $43.41 $45.58 Travel Time Per $82.70 $86.83 $91.16 Day Travel Time Per $413.50 $434.17 $455.80 normal Week Productivity Allowance Per $2.50 $3.00 $3.80 Hour worked Redundancy As per cl 20 The Rates above include Industry & Tool Allowance and Industry Disability Allowance and Space, Height & Dirt Money Page - 45 



Page - 46  
 

 
Clause 50 Appendix A Wage Rate and Allowance's Unregistered Fitter 

 
Rates of Pay 2024 - 2026 – 4% x 4% x 4% per annum 

 
All Rate changes from the first full pay period after the date nominated. 

 
 1st March 2024 

38 Hour  
Week 

1st March 
2025   

38 Hour  
Week 

1st March 
2026   

38 Hour  
Week 

 

1st Class Fitter 
Hourly Rate 

$43.97 $45.72 $47.54  

1st Class Fitter 
 Per Week  

$1670.90 $1737.69 $1806.85  

Fares Per Day $15.00 $15.00 $15.00  

Fares Per Week $75.00 $75.00 $75.00  

Travel Time Rate $40.57 $42.19 $43.88  

Travel Time Per 
Day 

$81.14 $84.38 $87.76  

Travel Time Per 
normal Week 

$405.70 $42190 $438.80  

 

Productivity per 

hour worked 

$2.50                          $2.75                   $3.00  

     

     
     

     
     
      

The Rates above include Industry &Tool Allowance and Industry Disability 
Allowance and Space, Height & Dirt Money 

 
  








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APPENDIX A - WAGE RATES AND ALLOWANCES – APPRENTICES 
 

Clause 49 Appendix A Wage Rate and Allowance's  4th Year Apprentice 
 

Rates of Pay 2023-2026– In line with 90% of Registered trade rate 
 

All Rate changes from the first full pay period after the date nominated. 
 

 1st March 2024 
  

38 Hour 
Week 

 

1st March 2025    
 

38 Hour 
Week 

1st March 
2026 

38 Hour 
Week 

 
 
 

 
 
 

4th Year 
Apprentice 
Hourly Rate 

As per trade 

% 

As per trade 

% 

As per trade 

% 
 

     

Fares Per Day $15.00 $15.00 $15.00  

     

Travel Time Rate As per % As per % As per %  

Travel Time Per 
Day 

As per % As per % As per %  

     

Productivity 

Allowance Per Hour 
$1.17    $1.17 $1.17  

     

Redundancy 4th 
Year Apprentice 

$16.50 $16.50 $16.50   

Superannuation As Legislated As Legislated As Legislated   
     
     
      
      

The Rates above include Industry &Tool Allowance and Industry Disability 
Allowance and Space, Height & Dirt Money 

 
 
  








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Clause 49 Appendix A Wage Rate and Allowance's  3rd  Year Apprentice 
 

Rates of Pay 2023-2026 – Increase in line with 75% of Registered Trade Rate 
 

All Rate changes from the first full pay period after the date nominated. 
 

  1st March 
2024 

38 Hour 
Week 

 

1st March 2025 
38 Hour 

Week 
 

1st March 2026 
38 Hour 

Week 
 

 

3rd  Year 
Apprentice 
Hourly Rate 

 
As per % As per % As per %  

      

Fares Per Day  $15.00 $15.00 $15.00  

      

Travel Time Rate  As per % As per % As per %  

Travel Time Per 
Day 

 As per % As per % As per %  

      

Productivity 

Allowance Per 

Hour 

 $1.17 $1.17 $1.17  

      

Redundancy 3rd  
Year Apprentice 

 NIL NIL NIL  

Superannuation  As Legislated As Legislated As Legislated  
      
      

 

 

  








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Clause 49 Appendix A Wage Rate and Allowance's 2nd Year Apprentice 
 

                        Rates of Pay 2023-2026 – increase in line with 55% of the registered 
trade rate 

  
                    All Rate changes from the first full pay period after the date nominated      

 
  1st March 

2024 
38 Hour 
Week 

 

1st March 
2025  
38 Hour 
Week 
 

1st March 
2026  
38 Hour 
Week 

 
2nd  Year 

Apprentice 
Hourly Rate 

 
As per % As per % As per % 

     

Fares Per Day  $15.00 $15.00 $15.00 

     

Travel Time Rate  As per % As per % As per % 

Travel Time Per 
Day 

 As per % As per % As per % 

     

Redundancy 2nd  
Year Apprentice 

 NIL NIL NIL 

Superannuation  As Legislated As Legislated As Legislated 
 

  








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Clause 49 Appendix A Wage Rate and Allowance's 1st  Year Apprentice 

 
Rates of Pay 2023-2026 – increase in line with 50% of the registered trade rate  

 
All Rate changes from the first full pay period after the date nominated. 

 
  1st March 2024 

38 Hour 
Week 
 

1st March 2025 
38 Hour 
Week 

 
1st  Year 

Apprentice 
Hourly Rate 

 
As per % As per % As per % 

     

Fares Per Day  $15.00 $15.00 $15.00 

     

Travel Time Rate  As per % As per % As per % 

Travel Time Per 
Day 

 As per % As per % As per % 

     

Redundancy 1st  
Year Apprentice 

 NIL NIL NIL 

Superannuation  As Legislated As Legislated As Legislated 

  

 

 

  








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 Clause 52 APPENDIX B - Rates Schedule Allowances Rates Charge Hands · 2 to 3 employees $25 per week · 4 to 14 employees $50 per week · 15 plus employees $75 per week Multi-storey Allowance (Construction Only) · up to 15th Floor $0.41 (per hour) · Up to 30th Floor $0.49 (per hour) · Up to 45th Floor $0.77 (per hour) · Up to 60th Floor $0.99 (per hour) · From 61st Floor and upwards $1.23 (per hour) Vehicle - Use of Own Motor Vehicle $0.74 (cents per kilometre) Board & Accommodation $450.00 (per week) Newcastle out of Pocket Paid on receipts Insulation Allowance $0.53 (per hour) First Aid Allowance $1.84 (per hour) Welding Certificate/ Qualifications $0.41 (per hour) Scaffolders Licence/ Certificate $12.63 (per day) 53. CHART OF ENTITLEMENT - YES/NO FARES TRAVEL LEADING SERVICE ON HAND ALLOW CALL Ordinary Yes Yes Yes Yes Yes Overtime-Weekday No No No No No Overtime- Weekend Yes Yes No No No Call-Out No No-incl In Time No No No Sick No No Yes No No Annual No No Yes No No Leave Without Pay No No No No No PLD No No No No No RDO no no Yes Yes Yes Service Allowances Employees required to carry out service work including testing will be paid a service allowance of $4.50 / day. This allowance is paid in lieu of all special rates and is paid in accordance with the above matrix. Page - 51

Cases cited by this decision: