1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2024/2293)
DIRECT METAL ROOFING (NSW) PTY LTD AND CEPU - PLUMBING
DIVISION – NSW BRANCH ROOFING & CLADDING ENTERPRISE
AGREEMENT 2024–2028
Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN MELBOURNE, 1 JULY 2024
Application for approval of the Direct Metal Roofing (NSW) Pty Ltd and CEPU - Plumbing
Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia (CEPU) has made an application for approval of an
enterprise agreement known as the Direct Metal Roofing (NSW) Pty Ltd and CEPU - Plumbing
Division – NSW Branch Roofing & Cladding Enterprise Agreement 2024–2028 (the
Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single
enterprise agreement.
[2] 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 and 188 as are relevant to this
application for approval has been met.
[3] 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.
[4] The Agreement was approved on 1 July 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE525266 PR776602
[2024] FWCA 2440
DECISION
FairWork
Commission
ISSION E SEAL OF THE
AUSTRALIA FairWork Commission
Direct Metal Roofing (NSW) Pty Ltd &
CEPU Plumbing Division - NSW Branch
Roofing & Cladding Enterprise Agreement
2024-2028
Covering
ACT,
SYDNEY,
WOLLONGONG,
CENTRAL COAST,
& ALL OTHER AREAS
PROUD PLUMBING AND PIPE CSTRALY Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 Covering ACT, SYDNEY, WOLLONGONG, CENTRAL COAST, & ALL OTHER AREAS
Table of Contents
Part 1 -Application and Operation __________________ 5
1. TITLE 5
2. PARTIES AND PERSONS BOUND 5
3. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 6
4. COMMITMENTS 7
5. ANTI-DISCRIMINATION 8
6. POSTING OF AGREEMENT 8
7. DEFINITIONS 8
8. INDIVIDUAL FLEXIBILITY ARRANGEMENT 10
9. STATUTORY MATTERS COVERED BY STATE LEGISLATION 11
Part 2 - CONSULTATION AND DISPUTE RESOLUTION 11
10. CONSULTATION CLAUSE 12
11. CONSULTATIVE MECHANISMS 14
12. DISPUTES RESOLUTION PROCEDURE 16
13. PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 18
PART 3 - TYPES OF EMPLOYMENT AND TERM/NATION OF EMPLOYMENT 20
14. DAILY EMPLOYMENT 20
15. CASUAL EMPLOYMENT 21
16. EMPLOYER AND EMPLOYEE DUTIES 22
17. TERMINATION OF EMPLOYMENT 22
18. REDUNDANCY SCHEME 22
19. SHAM CONTRACTING 26
20. SECURITY OF EMPLOYMENT AND CONTRACTORS 27
PART 4 RENUMERA TION AND PAYMENT OFWAGES 28
21. PAYMENT OF WAGES 28
22. SUPERANNUATION 30
PART 5 APPRENTICES 31
23. GENERAL 31
PART 6 HOURS OF WORK AND RELATED MATTERS 33
24. ORDINARY HOURS OF WORK ---------------- 33
25. WORK BREAKS -------------------- 36
26. OVERTIME ---------------------- 37
27. WEEKEND WORK
-------------------- 39
28. NIGHT SHIFT --------------------- 39
29. PRESENTING FOR WORK BUT NOT REQUIRED
___________ 40
30. INCLEMENT WEATHER ------------------ 41
31. JURY SERVICE MAKE-UP PAY ---------------- 43
Table of Contents Part 1 - Application and Operation 5 1. TITLE 5 2. PARTIES AND PERSONS BOUND 5 3. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 6 4. COMMITMENTS 7 5. ANTI-DISCRIMINATION 8 6. POSTING OF AGREEMENT 8 7. DEFINITIONS 8 8. INDIVIDUAL FLEXIBILITY ARRANGEMENT 10 9. STATUTORY MATTERS COVERED BY STATE LEGISLATION 11 Part 2 - CONSULTATION AND DISPUTE RESOLUTION 11 10. CONSULTATION CLAUSE 12 11. CONSULTATIVE MECHANISMS 14 12. DISPUTES RESOLUTION PROCEDURE 16 13. PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 18 PART 3 - TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 20 14. DAILY EMPLOYMENT 20 15. CASUAL EMPLOYMENT 21 16. EMPLOYER AND EMPLOYEE DUTIES 22 17. TERMINATION OF EMPLOYMENT 22 18. REDUNDANCY SCHEME 22 19. SHAM CONTRACTING 26 20. SECURITY OF EMPLOYMENT AND CONTRACTORS 27 PART 4 RENUMERATION AND PAYMENT OFWAGES 28 21. PAYMENT OF WAGES 28 22. SUPERANNUATION 30 PART 5 APPRENTICES 31 23. GENERAL 31 PART 6 HOURS OF WORK AND RELATED MATTERS 33 ORDINARY HOURS OF WORK 33 25. WORK BREAKS 36 26. OVERTIME 37 27. WEEKEND WORK 39 28. NIGHT SHIFT 39 29. PRESENTING FOR WORK BUT NOT REQUIRED 40 30. INCLEMENT WEATHER 41 31. JURY SERVICE MAKE-UP PAY 43
32. PROTECTIVE CLOTHING _________________ 43
33. COMPENSATION FOR TOOLS AND CLOTHING 43
34. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS
INSURANCE ______________________ 44
PART 7 ALLOWANCES 44
35. TRAVEL ALLOWANCE 44
36. SITE ALLOWANCE 45
37. MATRIX- PROJECTS IN EXCESS OF 1 BILLION 46
38. MEALS WHEN WORKING OVERTIME 46
39. LEADING HAND ALLOWANCE 46
40. HOT WORK 46
41. COLD WORK 46
42. LIVING AWAY FROM HOME- DISTANT WORK 46
43. AGREEMENT AWARENESS COURSE 50
PART 8 LEAVE AND PUBL/CHOLIDA YS 51
44. PUBLIC HOLIDAYS AND HOLIDAY WORK 51
45. PERSONAL LEAVE 52
46. CARER'S LEAVE 53
47. COMPASSIONATE LEAVE 53
48. PARENTAL LEAVE 53
49. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 54
50. ANNUAL LEAVE 54
51. FAMILY PICNIC DAY 55
PART 9 POLICIES 56
52. HEAT POLICY 56
53. DRUG AND ALCOHOL POLICY 59
PART 10 MISCELLANEOUS 63
54. ASBESTOS AWARENESS TRAINING 63
55. STRUCTURED VOCATIONAL TRAINING 63
56. BUILDING LEVY 64
57. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE 64
58. SEVERABILITY 65
59. TRADE UNION RIGHTS AND REPRESENTATION 65
60. HEALTH & SAFETY REPRESENTATIVES 67
61. INCREASES TO WAGES- PRODUCTIVITY GAINS 68
62. AGREEMENT CLASSIFICATIONS 69
APPENDIX 1- RA TES OF PAY 70
APPENDIX 2 - RATES OF PAY APPRENTICES 72
APPENDIX 3 - TOOLS AND EQUIPMENT SCHEDULE 73
32. PROTECTIVE CLOTHING 43 33. COMPENSATION FOR TOOLS AND CLOTHING 43 34. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE 44 PART 7 ALLOWANCES 44 35. TRAVEL ALLOWANCE 44 36. SITE ALLOWANCE 45 37. MATRIX - PROJECTS IN EXCESS OF 1 BILLION 46 38. MEALS WHEN WORKING OVERTIME 46 39. LEADING HAND ALLOWANCE 46 40. HOT WORK 46 41. COLD WORK 46 42. LIVING AWAY FROM HOME - DISTANT WORK 46 43. AGREEMENT AWARENESS COURSE 50 PART 8 LEAVE AND PUBLICHOLIDAYS 51 44. PUBLIC HOLIDAYS AND HOLIDAY WORK 51 45. PERSONAL LEAVE 52 46. CARER'S LEAVE 53 47. COMPASSIONATE LEAVE 53 48. PARENTAL LEAVE 53 49. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE 54 50. ANNUAL LEAVE 54 51. FAMILY PICNIC DAY 55 PART 9 POLICIES 56 2. HEAT POLICY 56 53. DRUG AND ALCOHOL POLICY 59 PART 10 MISCELLANEOUS 63 54. ASBESTOS AWARENESS TRAINING 63 55. STRUCTURED VOCATIONAL TRAINING 63 56. BUILDING LEVY 64 57. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE 64 58. SEVERABILITY 65 59. TRADE UNION RIGHTS AND REPRESENTATION 65 60. HEALTH & SAFETY REPRESENTATIVES 67 61. INCREASES TO WAGES - PRODUCTIVITY GAINS 68 62. AGREEMENT CLASSIFICATIONS 69 APPENDIX 1 - RATES OF PAY 70 APPENDIX 2 - RATES OF PAY APPRENTICES 72 APPENDIX 3 - TOOLS AND EQUIPMENT SCHEDULE 73
APPENDIX 4-RDO CALENDERS ________________ 74
63. APPENDIX 4 - RDO CALENDERS 2024 74
64. APPENDIX 4 - RDO CALENDERS 2025 _____________ 75
65. APPENDIX 4 - RDO CALENDERS 2026 76
66. APPENDIX 4 - RDO CALENDERS 2027 77
SIGNATORY PAGE 78
APPENDIX 4 - RDO CALENDERS 74 63. APPENDIX 4 - RDO CALENDERS 2024 74 64. APPENDIX 4 - RDO CALENDERS 2025 75 65. APPENDIX 4 - RDO CALENDERS 2026 76 66. APPENDIX 4 - RDO CALENDERS 2027 77 SIGNATORY PAGE 78
Part 1 - Application and Operation
1.. IfTbE
This agreement shall be known as Direct Metal Roofing (NSW) Pty Ltd and CEPU -
Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-
2028.
2. PARTIES AND PERSONS BOUND
Direct Metal Roofing (NSW) Pty Ltd the (employer) in respect of employees engaged
in the industry of the occupations, businesses or employers of roof plumbers, lead
burners, roof plumbing labourer's and trades assistants, (employees) engaged on site
or in construction work; and
2.1 employees employed by the employer in New South Wales who are engaged in
the industry of the occupations, businesses or employers of roof plumbers, lead
burners, roof plumbing labourers and trades assistants, engaged on site or in
construction work who are employed or usually employed in the plumbing
industry in executing any roof, roof plumbing, or wall cladding work, whether
prefabricated ornot, or who execute any work in or in connection with:-
2.1.1 sheet lead, galvanised iron or other classes of sheet metal or any other
materials which supersede the materials usually fixed by roof plumbers;
2.1.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework;
2.2 the Communications Electrical Electronic Energy Information Postal Plumbing
and Allied Services Union of Australia 128v (CEPU)(union). On the condition
that the union has given notice under Section 183 of the Fair Work Act 2009
(C'th) (FW Act) that it wants the Agreement to cover it and in accordance with
Section 201 (2) of the FW Act, the Fair Work Commission (FWC) has noted that
the Agreement covers the union.
2.3 The terms of this agreement will not apply to:
2.3.1 the employment of sprinkler fitters by an employer covered by the Plumbing
and Fire Sprinklers Award 2020 (PFS Award); and / or to employees
principally engaged in installing automatic fire protection systems; and / or
2.3.2 employees of the employer employed full-time in the service and maintenance
operations, and I or
2.3.3 employees employed full-time as a project manager, an estimator or in
drafting;
2.3.4 For the purposes of our Agreement, cottage/housing industry means the
construction, erection, assembly, maintenance ornamentation or demolition of
a single occupancy dwelling and multiple occupancy residential units being of
not more than two living levels height
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 5
Part 1 - Application and Operation 1 TITLE This agreement shall be known as Direct Metal Roofing (NSW) Pty Ltd and CEPU - Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024- 2028. 2. PARTIES AND PERSONS BOUND Direct Metal Roofing (NSW) Pty Ltd the (employer) in respect of employees engaged in the industry of the occupations, businesses or employers of roof plumbers, lead burners, roof plumbing labourer's and trades assistants, (employees) engaged on site or in construction work; and 2.1 employees employed by the employer in New South Wales who are engaged in the industry of the occupations, businesses or employers of roof plumbers, lead burners, roof plumbing labourers and trades assistants, engaged on site or in construction work who are employed or usually employed in the plumbing industry in executing any roof, roof plumbing, or wall cladding work, whether prefabricated ornot, or who execute any work in or in connection with :- 2.1.1 sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by roof plumbers; 2.1.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework; 2.2 the Communications Electrical Electronic Energy Information PostalPlumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that the union has given notice under Section 183 of the Fair Work Act 2009 (C'th) (FW Act) that it wants the Agreement to cover it and in accordance with Section 201(2) of the FW Act, the Fair Work Commission (FWC) has noted that the Agreement covers the union. 2.3 The terms of this agreement will not apply to: 2.3.1 the employment of sprinkler fitters by an employer covered by the Plumbing and Fire Sprinklers Award 2020 (PFS Award); and / or to employees principally engaged in installing automatic fire protection systems; and / or 2.3.2 employees of the employer employed full-time in the serviceand maintenance operations, and / or 2.3.3 employees employed full-time as a project manager, an estimator or in drafting; 2.3.4 For the purposes of our Agreement, cottage/housing industry means the construction, erection, assembly, maintenance ornamentation or demolition of a single occupancy dwelling and multiple occupancy residential units being of not more than two living levels height Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 5
~ LODGEMENT AND DATE OF OPERATION OF AGREEMENT
3.1 This Agreement shall be lodged in accordance with the Fair Work Act 2009 (FW Act).
3.2 This Agreement shall remain in force until 1st June 2028. The employer intends to
commence discussions concerning a replacement enterprise agreement by no later
than 31 March 2028. This Agreement will continueto operate after its nominal expiry
date unless it is replaced by another enterprise agreement or is terminated in
accordance with the FW Act.
3.3 Variation of the Agreement
3.3.1 Should the employer intend to make an application under the FW Act, seeking to
vary the Agreement, the employer shall advise the union (in writing),of the
proposed variation and the union shall be given an opportunity of meeting with the
employees concerned about the variation.
3.3.2 Such meeting shall take place prior to the employees being requested to vote
(under Section 208 of the FW Act) on the proposed variation.
3.4 Termination of the Agreement
3.4.1 Should the employer intend to make an application under the FW Act, seeking to
terminate the Agreement, the employer shall advise the union (in writing), of the
proposed application to terminate the Agreement and the union shall be given an
opportunity of meeting with the employees concerned about the proposed
application for termination.
3.4.2 Such meeting shall take place prior to the employees being requested to vote
(under Section 219 of the FW Act) on the proposed termination.
3.4.3 The obligations provided in Clause 3.3 and/ 3.4, are conditional upon the
representative of the union (however termed), complying with Part 3- 4 - Right of
Entry under the FW Act.
Exclusion of the Award
Subject to the Interaction with the NES this Agreement is intended to cover all
matters pertaining to the employment relationship and all matters pertaining to the
employer's relationship with the Union.
The Agreement regulates all terms and conditions of employment and expressly
excludes and displaces the operation of any and all other matters and conditions
of employment in the Plumbing and Fire Sprinklers Award 2020 (PFS Award). Any
existing employment conditions or entitlements that are superior to those
contained in this Agreement will continue to apply unless otherwise agreed by the
relevant Parties to this Agreement.
Interaction with the National Employment Standards (NES)
This Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is inconsistency between the
Agreement and the NES, and the NES provides greater benefit, the NES provision
will apply to the extent of the inconsistency.
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 6
3. LODGEMENT AND DATE OF OPERATION OF AGREEMENT 3.1 This Agreement shall be lodged in accordance with the Fair Work Act 2009 (FW Act). 3.2 This Agreement shall remain in force until 1st June 2028. The employer intends to commence discussions concerning a replacement enterprise agreement by no later than 31 March 2028. This Agreement will continueto operate after its nominal expiry date unless it is replaced by another enterprise agreement or is terminated in accordance with the FWAct. 3.3 Variation of the Agreement 3.3.1 Should the employer intend to make an application under the FW Act, seeking to vary the Agreement, the employer shall advise the union (in writing), of the proposed variation and the union shall be given an opportunity of meeting with the employees concerned about the variation. 3.3.2 Such meeting shall take place prior to the employees being requested to vote (under Section 208 of the FW Act) on the proposed variation. 3.4 Termination of the Agreement 3.4.1 Should the employer intend to make an application under the FW Act, seeking to terminate the Agreement, the employer shall advise the union (in writing), of the proposed application to terminate the Agreement and the union shall be given an opportunity of meeting with the employees concerned about the proposed application for termination. 3.4.2 Such meeting shall take place prior to the employees being requested to vote (under Section 219 of the FW Act) on the proposed termination. 3.4.3 The obligations provided in Clause 3.3 and / 3.4, are conditional upon the representative of the union (however termed), complying with Part 3- 4 - Right of Entry under the FW Act. Exclusion of the Award Subject to the Interaction with the NES this Agreement is intended to cover all matters pertaining to the employment relationship and all matters pertaining to the employer's relationship with the Union. The Agreement regulates all terms and conditions of employment and expressly excludes and displaces the operation of any and all other matters and conditions of employment in the Plumbing and Fire Sprinklers Award 2020 (PFS Award). Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the relevant Parties to this Agreement. Interaction with the National Employment Standards (NES) This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between the Agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 6
~ COMMITMENTS
In order that the objectives of this Agreement are achieved, the parties are committed
to ensuring that:
a) The measures contained in this Agreement lead to real gains in
productivity.
b) A broad approach to productivity is adopted incorporating (but not being
limited to) both management and labour efficiency, quality, training,
maintaining high standards of occupational health and safety, improved
working conditions, environmental concerns, quality of working life issues
and equity issues.
c) The measures provided for in this Agreement will be implemented through
consultative mechanisms agreed to between the employees and the
Employer.
d) Productivity measures will not be implemented at the expense of health
and safety standards and those standards will be improved.
e) The dispute settlement procedures provided for in this agreement are
rigorously applied and enforced.
f) A free flow of information occurs between the Employer and employee(s)
(including their union or other representative) concerning all aspects of the
construction process.
g) Statutory entitlements, quality of work and proper safety standards will
underpin this agreement.
Women In The Industry
It is recognised that the Plumbing Contracting industry needs to employ more
women and the parties shall discuss means to achieve this during the life of this
Agreement. Measures will be implemented that will encourage and assist women
to seek and maintain employment in the Plumbing Contracting Industry.
Suicide Prevention
The parties acknowledge that:
(a) suicide prevention of employee(s) in the construction industry isan
important issue;
(b) Construction workers are more than twice as likely to suicide than other
people in Australia;
(c) Construction workers are six times more likelyto die by suicide than
through a workplace accident;
(d) Apprentices in construction are two and a half times more likely to suicide
than other young men their age;
Direct Metal Roofing {NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 7
4. COMMITMENTS In order that the objectives of this Agreement are achieved, the parties are committed to ensuring that: a) The measures contained in this Agreement lead to real gains in productivity. b) A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. c) The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the Employer. d) Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. e) The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. f) A free flow of information occurs between the Employer and employee(s) (including their union or other representative) concerning all aspects of the construction process. g) Statutory entitlements, quality of work and proper safety standards will underpin this agreement. Women In The Industry It is recognised that the Plumbing Contracting industry needs to employ more women and the parties shall discuss means to achieve this during the life of this Agreement. Measures will be implemented that will encourage and assist women to seek and maintain employment in the Plumbing Contracting Industry. Suicide Prevention The parties acknowledge that: (a) suicide prevention of employee(s) in the construction industry isan important issue; (b) Construction workers are more than twice as likely to suicide than other people in Australia; (c) Construction workers are six times more likelyto die by suicide than through a workplace accident; (d) Apprentices in construction are two and a half times more likely to suicide than other young men their age; Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 7
(e) Mental health on construction sites is now accepted as an industry safety
concern;
(f) Employee(s) can find it difficult to discuss feelings and emotions with
colleagues at work, especially in the construction industry.
(g) Accordingly, to try and reduce the chance of suicide by an employee, the
Employer agrees to provide training to an appropriate number of
employee(s) in consideration of the size and nature of the workforce
concerned, to recognise potentially suicidal behaviour and to give them
the simple skills needed to intervene and to keep that employee safe until
they can gain professional help. Such training is to be conducted via an
agreed training package/methodology, or an agreed provider between the
Parties, during normal working hours.
(h) Awareness training providers will be agreed through the Parties of the
Agreement.
6. ANTI-DISCRIMINATION
5.1 II is the intention of the parties to this Agreement to achieve the principal object
in the FW Act through respecting and valuing the diversity of the workforce by
helping to prevent and eliminate discrimination on the basis of race, colour, sex,
sexual orientation, age, physical or mental disability, marital status, family
responsibilities, pregnancy, religion, political opinion, national extraction or
social origin.
5.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause,
the parties to this agreement must make every endeavour to ensure that neither
the Agreement provisions nor their operation are directly or indirectly
discriminatory in their effects.
5.3 The rates, allowances and other monetary entitlements prescribed in this
Agreement are the minimum amounts to be paid by the Employer to the
Employee(s). The Employer must pay each and every rate, allowance and other
monetary entitlements in this Agreement as and when they fall due .
.&. POSTING Of AGREEMENT
A copy of this Agreement and the NES will be kept by the employer in a prominent
place on the employer's premises where it is readily accessible to employee(s).
Z. PEflNlTIONS
GEOGRAPHIC DEFINITIONS
(a) Sydney - means within the boundaries of Broken Bay to the North,
Nepean River to the West, Nepean River to the Southwest, and Waterfall
to the South.
(b) ACT - Means the Australian Capital Territory and a 75km radius from the
Canberra GPO
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 8
(e) Mental health on construction sites is now accepted as an industry safety concern; (f) Employee(s) can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (g) Accordingly, to try and reduce the chance of suicide by an employee, the Employer agrees to provide training to an appropriate number of employee(s) in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and to give them the simple skills needed to intervene and to keep that employee safe until they can gain professionalhelp. Such training is to be conducted via an agreed training package/methodology, or an agreed provider between the Parties, during normal working hours. (h) Awareness training providers will be agreed through the Parties of the Agreement 5. ANTI-DISCRIMINATION 5.1 It is the intention of the parties to this Agreement to achieve the principal object in the FW Act through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 5.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause, the parties to this agreement must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 5.3 The rates, allowances and other monetary entitlements prescribed in this Agreement are the minimum amounts to be paid by the Employer to the Employee(s). The Employer must pay each and every rate, allowance and other monetary entitlements in this Agreement as and when they fall due. 6. POSTING OF AGREEMENT A copy of this Agreement and the NES will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employee(s). Z DEFINITIONS GEOGRAPHIC DEFINITIONS (a) Sydney - means within the boundaries of Broken Bay to the North, to the South. Nepean River to the West, Nepean River to the Southwest, and Waterfall (b) ACT - Means the Australian Capital Territory and a 75km radius from the Canberra GPO Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 8
(c) Wollongong - means the City of Wollongong and City of Shell harbour
(d) Central Coast - means the City of Gosford and the Shire of Wyong
(e) All other Areas - means all other areas of the State of New South Wales
not covered by the geographic areas set out in (a) to (d)above.
OTHER DEFINITIONS
In this agreement, unless the contrary intention appears:
i. Act means the Fair Work Act 2009 (Cth), as amended from time to time.
ii. adult apprentice means a person of 21 years of age or over at the lime of
entering into an indenture or trainee to a trade specified
iii. agreement-based transitional instrument has the meaning in the Fair
Work (Transitional Provisions and Consequential Amendments) Act 2009
(Cth)
iv. Approved Worker Entitlement Fund means a fund endorsed as an
approved worker entitlement fund pursuant to Division 426 in Schedule 1
to the Taxation Administration Act 1953 (Cth)
v. construction work means all work performed under this agreement in
connection with the erection, repair, renovation, maintenance,
ornamentation or demolition of buildings or structures, including the
prefabrication of work performed in plumbing workshops. For the purpose
of this definition maintenance is confined to employee(s) employed by
employers in the building and construction industry.
vi. contractor means any entity which contracts to provide roof plumbing &
wall cladding.
vii. continuous shift worker means an employee(s) engaged to work in a
system of consecutive shifts throughout the 24 hours of each of at least six
consecutive days without interruption (except during breakdown or meal
breaks or due to unavoidable causes beyond the control of the employer)
and who is regularly rostered to work those shifts
viii. Dry area means a work area that has not become saturated by rain or
where water will not drip on the employee(s).
ix. employee means national system employee within the meaning of the Act
x. employer means national system employer within the meaning of the Act
xi. Fair Work Act 2009 (FW Act).
xii. immediate family includes: spouse (including a former spouse, a de facto
partner and a former de facto partner); a de facto partner means a person
who, although not legally married to the employee, lives with the employee
Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 9
(c) Wollongong - means the City of Wollongong and City of Shellharbour (d) Central Coast - means the City of Gosford and the Shire of Wyong (e) All other Areas - means all other areas of the State of New South Wales not covered by the geographic areas set out in (a) to (d) above. OTHER DEFINITIONS In this agreement, unless the contrary intention appears: i. Act means the Fair Work Act 2009 (Cth), as amended from time to time. ii. adult apprentice means a person of 21 years of age or over at the time of entering into an indenture or trainee to a trade specified iii. agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) iv. Approved Worker Entitlement Fund means a fund endorsed as an approved worker entitlement fund pursuant to Division 426 in Schedule 1 to the Taxation Administration Act 1953 (Cth) V. construction work means all work performed under this agreement in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employee(s) employed by employers in the building and construction industry. vi. contractor means any entity which contracts to provide roof plumbing & wall cladding. vii. continuous shift worker means an employee(s) engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts viii. Dry area means a work area that has not become saturated by rain or where water will not drip on the employee(s). ix. employee means national system employee within the meaning of the Act X. employer means national system employer within the meaning of the Act xi. Fair Work Act 2009 (FW Act). xii. immediate family includes: spouse (including a former spouse, a de facto partner and a former de facto partner); a de facto partner means a person who, although not legally married to the employee, lives with the employee Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 9
in a relationship as a couple on a genuine domestic basis whether the
employee and the person are or the same sex or different sexes); child or
an adult child {including an adopted child, a step - child or an ex-nuptial
child); parent; grandparent or grandchild; or sibling; of the employee or
spouse of the employee.
xiii. Inclement weather will mean the existence of rain or abnormal climatic
conditions {whether they be those of hail, snow, cold, high wind, severe
dust storm, extreme high temperature or the like or any combination
thereof) by virtue of which it is either not reasonable or not safe for
employees to continue working whilst the same prevail.
xiv. leading hand means an employee who is given by the employer, or their
agent, the responsibility of directing and/or supervising the work of other
employees, or in the case of only one employee, the specific responsibility
of directing and/or supervising the work of that employee
xv. NES means the National Employment Standards as contained in the Fair
Work Act 2009 {Cth)
xvi. on-hire means the on-hire of an employee by their employer to a client,
where such employee works under the general guidance and instruction of
the client or a representative of the client
xvii. operator of explosive powered tools means an employee qualified in
accordance with the laws and regulations of the State concerned to operate
explosive powered tools
xviii. Persons covered by this Agreement means the employer, employees
and the Union.
xix. Roof plumbing labourer means an employee primarily engaged in
assisting a roof plumber.
xx. Redundancy means a situation where an employee ceases to be employed
by the employer other than for reasons of misconduct or refusal of duty.
Redundant has a corresponding meaning.
xxi. WHS Act means Work Health and Safety Act.
xxii. WHS Representative means an employee elected as such in accordance
with the WHS Act. Party or parties to this Agreement means the
employer, employees and/or the Union as the context requires.
JL. INPIYIPVAL fLEXIBILIIY ARRANGEMENT
8.1 The terms of the Agreement may be varied by an individual flexibility
arrangement ("IFA").
8.2 The Employer will not make an IFA unless the following conditions are satisfied:
8.3 The IFA must be about matters that would be permitted matters if the
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in a relationship as a couple on a genuine domestic basis whether the employee and the person are or the same sex or different sexes); child or an adult child (including an adopted child, a step - child or an ex-nuptial child); parent; grandparent or grandchild; or sibling; of the employee or spouse of the employee. xiii. Inclement weather will mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees to continue working whilst the same prevail. xiv. leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee XV. NES means the National Employment Standards as contained in the Fair Work Act 2009 (Cth) xvi. on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client xvii. operator of explosive powered tools means an employee qualified in accordance with the laws and regulations of the State concerned to operate explosive powered tools xviii. Persons covered by this Agreement means the employer, employees and the Union. xix Roof plumbing labourer means an employee primarily engaged in assisting a roof plumber. XX. Redundancy means a situation where an employee ceases to be employed by the employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. xxi WHS Act means Work Health and Safety Act. xxii. WHS Representative means an employee elected as such in accordance with the WHS Act. Party or parties to this Agreement means the employer, employees and/or the Union as the context requires. 8. INDIVIDUAL FLEXIBILITY ARRANGEMENT 8.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 8.2 The Employer will not make an IFA unless the following conditions are satisfied: 8.3 The IFA must be about matters that would be permitted matters if the Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 10
arrangement were an enterprise agreement.
8.4 The IFA must not include a term that would be an unlawful term if the
arrangement were an enterprise agreement.
8.5 The IFA must be genuinely agreed to by the employer and the employee.
8.6 The IFA must result in the employee being better off overall than the employee
would have been if no individual flexibility arrangement were agreed to.
8.7 The IFA must be able to be terminated:
8.8 by either the employee, or the employer, giving written notice of not more than
28 days; or
8.9 by the employee and the employer at any time if they agree, in writing, to the
termination.
8.10 The IFA must be in writing and signed:
8.11 in all cases by the employee and the employer; and
8.12 if the employee is under 18 by a parent or guardian of the employee; and
8.13 The IFA must be given to the employee within 14 days after it is agreed to.
ii. STATUTORY MATTERS COVERED BY STATE LEGISLATION
The following NSW & ACT State Acts and the regulations, as amended, where
relevant and provided they are not in conflict with the requirements of the Fair Work
Act 2009, as amended, will set the minimum terms insofar as they relate to matters
that are under the provisions of the relevant Act and pertain to the Employer and
Employees bound by this Agreement:
a) Long Service leave Act 1955
b) Long service leave (portable schemes) Act 2009
c) Building and Construction Industry Long Service Payments Act 1986
d) Workplace Injury Management and Compensation Act 1998; and
e) Work Health and Safety Act 2011
Where an employee is eligible, the employer will register an employee with the
Building and Construction Industry Long Service Payments Corporation within 4 weeks
of commencement of his/her employment.
If at any time during the life of the agreement any new legislation is enacted it will be
deemed to cover this agreement.
Part 2 - CONSULTATION AND DISPUTE RESOLUTION
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arrangement were an enterprise agreement. 8.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement. 8.5 The IFA must be genuinely agreed to by the employer and the employee. 8.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 8.7 The IFA must be able to be terminated: 8.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 8.9 by the employee and the employer at any time if they agree, in writing, to the termination. 8.10 The IFA must be in writing and signed: 8.11 in all cases by the employee and the employer; and 8.12 if the employee is under 18 by a parent or guardian of the employee; and 8.13 The IFA must be given to the employee within 14 days after it is agreed to. STATUTORY MATTERS COVERED BY STATE LEGISLATION The following NSW & ACT State Acts and the regulations, as amended, where relevant and provided they are not in conflict with the requirements of the Fair Work Act 2009, as amended, will set the minimum terms insofar as they relate to matters that are under the provisions of the relevant Act and pertain to the Employer and Employees bound by this Agreement: a) Long Service leave Act 1955 b) Long service leave (portable schemes) Act 2009 c) Building and Construction Industry Long Service Payments Act 1986 d) Workplace Injury Management and Compensation Act 1998; and e) Work Health and Safety Act 2011 Where an employee is eligible, the employer will register an employee with the Building and Construction Industry Long Service Payments Corporation within 4 weeks of commencement of his/her employment. If at any time during the life of the agreement any new legislation is enacted it will be deemed to cover this agreement. Part 2 - CONSULTATION AND DISPUTE RESOLUTION Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 11
12. CONSULTATION CLAUSE
10.1 This term applies if the employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise
that is likely to have a significant effect on the employees; or
(b) Subject to Clause 24, proposes to introduce a change to the regular roster
or ordinary hours of work of employees.
Major Change
10.2 For a major change referred to in paragraph 10.1 (a):
(a) the employer must notify the relevant employee(s) of the decision to
introduce the major change; and
(b) subclauses 10.3 to 10.9apply.
10.3 The relevant employee(s) may appoint a Union representative (or other
representative if any) for the purposes of the procedures in this term.
10.4 If:
(a) relevant employee appoints, or relevant employees appoint, a Union
representative (or other representative if any) for the purposes of
consultation; and the employee or employees advise the employer of the
identity of the representative;
the employer must recognise the representative.
10.5 As soon as practicable after making its decision, the employermust:
(a) discuss with the relevant employee(s) and the employee's Union representative
(or other representative if any):
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse effect of
the change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the relevant
employee(s) and the employees' Union representative (or other representative if
any):
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the employees;
and
(iii) any other matters likely to affect the employees.
10.6 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employee(s) and/or the employee's Union
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10. CONSULTATION CLAUSE 10.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) Subject to Clause 24, proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 10.2 For a major change referred to in paragraph 10.1(a): (a) the employer must notify the relevant employee(s) of the decision to introduce the major change; and (b) subclauses 10.3 to 10.9 apply. 10.3 The relevant employee(s) may appoint a Union representative (or other representative if any) for the purposes of the procedures in this term. 10.4 If: (a) relevant employee appoints, or relevant employees appoint, a Union representative (or other representative if any) for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 10.5 As soon as practicable after making its decision, the employermust: (a) discuss with the relevant employee(s) and the employee's Union representative (or other representative if any): (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employee(s) and the employees' Union representative (or other representative if any): (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 10.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employee(s) and/or the employee's Union Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 12
representative (or other representative if any).
10.7 The employer must give prompt and genuine consideration to matters raised
about the major change by the relevant employee(s) and/or the employee's
Union representative (or other representative if any).
10.8 If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer,
the requirements set out in paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken
not to apply.
10.9 In this Clause, a major change is likely to have a significant effect on employees
if it results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer's
workforce or to the skills required of employees; or
(c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring ofjobs.
Change to Regular Roster or Ordinary Hours of Work
10.1 0 For a change referred to in paragraph 10.1 (b ):
(a) the employer must notify the relevant employees and the employees'
Union representative (or other representative if any) of the proposed
change;and
(b) subclauses 10.11 to 10.15 apply.
10.11 The relevant employees may appoint a Union representative (or other
representative if any) for the purposes of the procedures in this term.
10.12 If,
(a) relevant employee appoints, or relevant employees appoint, a Union
representative (or other representative if any) for the purposes of
consultation; and
10.13 the employee or employees advise the employer of the identity of the Union
representative (or other representative if any);
10.14 the employer must recognise the representative.
10.15 As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant employee(s) and/or the employees' Union
representative (or other representative if any) the introduction of the change;
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representative (or other representative if any). 10.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employee(s) and/or the employee's Union representative (or other representative if any). 10.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken not to apply. 10.9 In this Clause, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of jobopportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring ofjobs. Change to Regular Roster or Ordinary Hours of Work 10.10 For a change referred to in paragraph 10.1(b): (a) the employer must notify the relevant employees and the employees' Union representative (or other representative if any) of the proposed change; and (b) subclauses 10.11 to 10.15 apply. 10.11 The relevant employees may appoint a Union representative (or other representative if any) for the purposes of the procedures in this term. 10.12 If, (a) relevant employee appoints, or relevant employees appoint, a Union representative (or other representative if any) for the purposes of consultation; and 10.13 the employee or employees advise the employer of the identity of the Union representative (or other representative if any); 10.14 the employer must recognise the representative. 10.15 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employee(s) and/or the employees' Union representative (or other representative if any) the introduction of the change; Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 13
and
(b) for the purposes of the discussion-provide to the relevant employees
and/or the employees' Union representative (or other representative if any)
(i) all relevant information about the change, including the nature of the
change;and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employee(s) and/or the employee's Union
representative (or other representative if any) to give their views about the
impact of the change (including any impact in relation to the relevant
employee's family or caring responsibilities).
10.16 However, the employer is not required to disclose confidential or commercially
sensitive information to the relevant employees or the employee's Union
representative.
10.17 The employer must give prompt and genuine consideration to matters raised
about the change by the relevant employee(s) and/or the employees' Union
representative.
10.18 This Clause is to be read in conjunction with Clause 24.
11. CONSULTATIVE MECHANISMS
Any matter arising as a result of the introduction of this Agreement will be implemented
by way of a Company Consultative Committee consisting of equal numbers of
management and employee representatives. The consultative committee must
convene within 6 months of commencement of agreement and additional meetings
being convened at the request of either party.
11.1 CONSULTATION ON MAJOR PROJECTS
(a) The Employer, upon notification of successful tenders on a Building and
. construction project or Infrastructure Construction Project, where the total
project value is over $100 million, must provide the following information in
writing to the Branch Secretary and elected Union delegates within seven
days:
(i) job location.
(ii) estimated duration.
(iii) start date.
(iv) type of work.
(v) estimated workforce
(vi) the number of estimated apprentices engaged on the project; and
(vii) the name of the principal contractor on the job
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and (b) for the purposes of the discussion-provide to the relevant employees and/or the employees' Union representative (or other representative if any) (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employee(s) and/or the employee's Union representative (or other representative if any) to give their views about the impact of the change (including any impact in relation to the relevant employee's family or caring responsibilities). 10.16 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees or the employee's Union representative. 10.17 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employee(s) and/or the employees' Union representative 10.18 This Clause is to be read in conjunction with Clause 24. 11. CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee must convene within 6 months of commencement of agreement and additional meetings being convened at the request of either party. 11.1 CONSULTATION ON MAJOR PROJECTS (a) The Employer, upon notification of successful tenders on a Building and construction project or Infrastructure Construction Project, where the total project value is over $100 million, must provide the following information in writing to the Branch Secretary and elected Union delegates within seven days: (i) job location. (ii) estimated duration. (iii) start date. (iv) type of work. (v) estimated workforce (vi) the number of estimated apprentices engaged on the project; and (vii) the name of the principal contractor on the job Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 14
Consultation And Industrial Relations on Infrastructure Projects And Major Building &
Construction Projects
For the purposes of this clause Major building & construction Infrastructure projects
means building & construction projects with a total construction value which exceeds
$250 million dollars.
(a) With respect to work performed on infrastructure projects or major building
and construction projects, all persons covered by the Agreement
acknowledge the importance of working together, in a manner consistent with
the terms of the Agreement, to try to reach agreement on matters which may
otherwise give rise to industrial disputation. Accordingly, when the Employer
is to begin work on an infrastructure project or major building and
construction project, the Employer shall consult with the employees in
accordance with this clause work on an infrastructure project or major
building and construction project, the Employer shall consult with the
employees in accordance with this clause.
(b) In the normal course, it is expected that consultation will occur within the 14
days leading up to the commencement of the work. If for any reason this does
not occur, or if the Employer has less than 14 days' notice of the need to
commence work, consultation will occur as soon as reasonably practicable -
and in any case not more than 14 days after the commencement of the work.
For the purposes of this clause, consultation means genuine and meaningful
discussions where the Employer must seriously consider and take into
account the positions put forward.
(c) The Employer will consult over the following matters, insofar as they relate to
the manner in which work will be conducted on the project within the
framework of that Employer:
(i) the employment of apprentices.
(ii) conditions of employment on site.
(iii) diversity in employment.
(iv) the consideration of employment of local labour for work in regional
areas.
(v) the consideration of employment of persons with appropriate skills and
experience to carry out the duties of Union Delegate and Health &
Safety Representative on a particular major construction project and
within the context of the Employer's business and their expectations;
and
(vi) site amenities.
(d) For clarity, nothing in this clause shall operate to:
(i) remove the right of an employee to choose their own representative;
(ii) impact the provisions of the Work Health and Safety Act, including
those dealing with the election of Health and Safety Representatives;
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Consultation And Industrial Relations on Infrastructure Projects And Major Building & Construction Projects For the purposes of this clause Major building & construction Infrastructure projects means building & construction projects with a total construction value which exceeds $250 million dollars. (a) With respect to work performed on infrastructure projects or major building and construction projects, all persons covered by the Agreement acknowledge the importance of working together, in a manner consistent with the terms of the Agreement, to try to reach agreement on matters which may otherwise give rise to industrial disputation. Accordingly, when the Employer is to begin work on an infrastructure project or major building and construction project, the Employer shall consult with the employees in accordance with this clause work on an infrastructure project or major building and construction project, the Employer shall consult with the employees in accordance with this clause. (b) In the normal course, it is expected that consultation will occur within the 14 days leading up to the commencement of the work. If for any reason this does not occur, or if the Employer has less than 14 days' notice of the need to commence work, consultation will occur as soon as reasonably practicable - and in any case not more than 14 days after the commencement of the work. For the purposes of this clause, consultation means genuine and meaningful discussions where the Employer must seriously consider and take into account the positions put forward. (c) The Employer will consult over the following matters, insofar as they relate to the manner in which work will be conducted on the project within the framework of that Employer: (i) the employment of apprentices. (ii) conditions of employment on site. (iii) diversity in employment. (iv) the consideration of employment of local labour for work in regional areas. (v) the consideration of employment of persons with appropriate skills and experience to carry out the duties of Union Delegate and Health & Safety Representative on a particular major construction project and within the context of the Employer's business and their expectations; and (vi) site amenities. (d) For clarity, nothing in this clause shall operate to: (i) remove the right of an employee to choose their own representative; (ii) impact the provisions of the Work Health and Safety Act, including those dealing with the election of Health and Safety Representatives; Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 15
(iii) impact an employee's right to be, or not be, a member of an industrial
association.
These matters shall be communicated to the employees prior to consultation occurring
in accordance with this clause.
Should a dispute arise with respect to this clause, including any of the above matters it
shall be dealt with in accordance with the Disputes Settlement procedure.
12. DISPUTES RESOLUTION PROCEDURE
This Agreement recognises the union as a legitimate representative of the employees
covered by this Agreement. However, employees are free to be represented or not
represented by industrial associations.
12.1 A major objective of this Agreement is to eliminate lost time and/or production
arising out of disputes or grievances. The parties to this Agreement are
committed to complying with the terms of this procedure.
Disputes relating to any of the following must be dealt with according to the
procedure in this clause:
• any matter arising under this Agreement.
• the NES; and
any matter pertaining to the relationship between the employer and the
employees. Provided that nothing in this clause prevents a party to the dispute
from applying to a court for orders in relation to contraventions of civil remedy or
penalty provisions.
Procedure
Disputes will be dealt with according to the following procedure.
Step 1-Workplace level
• In the first instance, the parties to the dispute will take genuine steps to try and
resolve the dispute at the workplace level.
Step 2-Referral to the FWC
• If a party to the dispute refers the Decision for review to the FWC, all parties to the
dispute irrevocably consent to the FWC dealing with the dispute, including by
arbitration.
• The FWC may deal with the dispute by conciliation, arbitration, or by the exercise
of any of its other powers under the FW Act, or by any combination of methods.
• If the FWC deals with the dispute by arbitration:
• by a single member of the FWC and makes an arbitral award (FWC Decision):
• any party to the dispute (or its representative) may, within twenty-one (21) days
after the date of the FWC Decision, appeal to a Full Bench of the FWC;
• if no party appeals from the FWC Decision within the period stated in above, that
FWC Decision will be final and binding on the parties to the dispute.
• by a Full Bench of the FWC and makes a decision, the decision will be final and
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(iii) impact an employee's right to be, or not be, a member of an industrial association. These matters shall be communicated to the employees prior to consultation occurring in accordance with this clause. Should a dispute arise with respect to this clause, including any of the above matters it shall be dealt with in accordance with the Disputes Settlement procedure. 12. DISPUTES RESOLUTION PROCEDURE This Agreement recognises the union as a legitimate representative of the employees covered by this Agreement. However, employees are free to be represented or not represented by industrial associations. 12.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The parties to this Agreement are committed to complying with the terms of this procedure. Disputes relating to any of the following must be dealt with according to the procedure in this clause: any matter arising under this Agreement. . . the NES; and any matter pertaining to the relationship between the employer and the employees. Provided that nothing in this clause prevents a party to the dispute from applying to a court for orders in relation to contraventions of civil remedy or penalty provisions. Procedure Disputes will be dealt with according to the following procedure. Step 1-Workplace level . In the first instance, the parties to the dispute will take genuine steps to try and resolve the dispute at the workplace level. Step 2-Referral to the FWC · If a party to the dispute refers the Decision for review to the FWC, all parties to the dispute irrevocably consent to the FWC dealing with the dispute, including by arbitration. The FWC may deal with the dispute by conciliation, arbitration, or by the exercise of any of its other powers under the FW Act, or by any combination of methods. If the FWC deals with the dispute by arbitration: by a single member of the FWC and makes an arbitral award (FWC Decision): any party to the dispute (or its representative) may, within twenty-one (21) days after the date of the FWC Decision, appeal to a Full Bench of the FWC; if no party appeals from the FWC Decision within the period stated in above, that FWC Decision will be final and binding on the parties to the dispute. · by a Full Bench of the FWC and makes a decision, the decision will be final and Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 16
binding on the parties to the dispute.
Steps available in the event of non-compliance by a party
• If any party to the dispute fails or refuses to comply with or participate in Step 1
of this clause, any other non - breaching party to the dispute (or its
representative) may, in its absolute discretion: -
• Refer the dispute to the FWC to deal with the dispute by conciliation,
arbitration, or by the exercise of any of its other powers under the FW Act, or by
any combination of methods.
Enforcement - Finality of a Decision
• Subject only to the rights of review I appeal expressly provided for in this clause,
a Decision or an FWC Decision is final and binding and may be immediately
enforced.
Enforcement of a Decision
• All parties to a dispute must comply with, and give effect to, any Decision or FWC
Decision.
• A party to a dispute that fails to comply with, or give effect to, a Decision or FWC
Decision, contravenes this clause.
• The parties agree that:
(a) any Decision or FWC Decision may be enforced by an action seeking
appropriate remedies (including, but not limited to, payment of a debt,
damages, or specific performance) in any court of competent jurisdiction; and
(b) interest will accrue on any sum payable under a Decision at the rate
prescribed from time to time in respect of pre-judgment interest under the
Rules of the Federal Court of Australia.
Status quo
• While the dispute is being dealt with in accordance with the procedure in this
clause:
the parties will maintain the status qua existing immediately prior to the subject
matter of the dispute arising. Neither party will engage in any industrial
stoppages, bans and or limitations. Work shall continue in accordance with the status
quo unless an employee has a reasonable concern about an imminent risk to their
health or safety; however
• The employer may direct an employee to perform other available work at the
same workplace, or at another workplace, on the same terms and conditions of
employment, if it is reasonable to do so to protect the health, safety or welfare
of employees.
• For the avoidance of doubt, "Maintain the status quo" means that the action
giving rise to the dispute will be withdrawn, and the situation immediately prior
to the action giving rise to the dispute will apply until the dispute is resolved.
Employee participation and representation
• Employees are entitled to a representative of their choice, including a Union
representative, for the purposes of this clause.
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binding on the parties to the dispute. Steps available in the event of non-compliance by a party If any party to the dispute fails or refuses to comply with or participate in Step 1 of this clause, any other non - breaching party to the dispute (or its representative) may, in its absolute discretion: - Refer the dispute to the FWC to deal with the dispute by conciliation, arbitration, or by the exercise of any of its other powers under the FW Act, or by any combination of methods. Enforcement - Finality of a Decision · Subject only to the rights of review / appeal expressly provided for in this clause, a Decision or an FWC Decision is final and binding and may be immediately enforced. Enforcement of a Decision . All parties to a dispute must comply with, and give effect to, any Decision or FWC Decision. A party to a dispute that fails to comply with, or give effect to, a Decision or FWC Decision, contravenes this clause. . The parties agree that: (a) any Decision or FWC Decision may be enforced by an action seeking appropriate remedies (including, but not limited to, payment of a debt, damages, or specific performance) in any court of competent jurisdiction; and (b) interest will accrue on any sum payable under a Decision at the rate prescribed from time to time in respect of pre-judgment interest under the Rules of the Federal Court of Australia. Status quo . While the dispute is being dealt with in accordance with the procedure in this clause: the parties will maintain the status quo existing immediately prior to the subject matter of the dispute arising. Neither party will engage in any industrial stoppages, bans and or limitations. Work shall continue in accordance with the status quo unless an employee has a reasonable concern about an imminent risk to their health or safety; however The employer may direct an employee to perform other available work at the same workplace, or at another workplace, on the same terms and conditions of employment, if it is reasonable to do so to protect the health, safety or welfare of employees. · For the avoidance of doubt, "Maintain the status quo" means that the action giving rise to the dispute will be withdrawn, and the situation immediately prior to the action giving rise to the dispute will apply until the dispute is resolved. Employee participation and representation · Employees are entitled to a representative of their choice, including a Union representative, for the purposes of this clause. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 17
• Employees to whom a dispute directly relates and who are necessarily
required to participate in the procedure provided for in this clause are entitled
to do so without loss of pay.
• Employees who are required to attend as a witness in an arbitration are
entitled to do so without loss of pay.
• In the event that the parties to the dispute fail to agree on the identity or
number of persons who qualify under this clause, the question will be
determined by the FWC as part of the dispute.
il. PROCEDURE FOR DEAUNG WITH SAFETY ISSUES OR INCIDENTS
This procedure shall be followed in good faith and without unreasonable delay. If
an issue is not settled by observance of this procedure, or if the procedure is
disregarded by either party, the matter will be dealt with in accordance with
Clause 12 - Disputes Resolution Procedure of this Agreement. Nothing in this
Agreement shall take precedence over the WHS Act.
Parties To The Resolution Of Issues
• The employer must nominate management representatives who are
responsible for dealing with specified health and safety issues, and must, so
far as is practicable: -
• notify the employees of the nominations in the manner that is, and in the
languages that are, appropriate; and
• notify in writing the health and safety committee of the nominations.
• At any stage in the resolution of an issue, any party may call in the employee
I employer representative or advisor to assist the parties to resolve the issue.
If the person invited to assist the parties is a building association official, that
building association official must personally hold a valid right of entry permit
under the FW Act to enter premises where construction work is performed.
Procedure For Reporting Issues
• If an employee wishes to raise a health and safety issue in a workplace, that
employee must report it to the health and safety representative or the
employer's supervisor.
• If the health and safety representative is not able to be contacted, an employee
wishing to raise a health and safety issue in a workplace, must report it to the
employer's safety supervisor or another employer representative.
• An employee may take all steps that are necessary, including leaving the
employee's part of the workplace, to report an issue.
• If the employer identifies a health and safety issue it may report ii to the health
and safety representative.
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Employees to whom a dispute directly relates and who are necessarily required to participate in the procedure provided for in this clause are entitled to do so without loss of pay. Employees who are required to attend as a witness in an arbitration are entitled to do so without loss of pay. . In the event that the parties to the dispute fail to agree on the identity or number of persons who qualify under this clause, the question will be determined by the FWC as part of the dispute. 13. PROCEDURE FOR DEALING WITH SAFETY ISSUES ORINCIDENTS This procedure shall be followed in good faith and without unreasonable delay. If an issue is not settled by observance of this procedure, or if the procedure is disregarded by either party, the matter will be dealt with in accordance with Clause 12 - Disputes Resolution Procedure of this Agreement. Nothing in this Agreement shall take precedence over the WHS Act. Parties To The Resolution Of Issues · The employer must nominate management representatives who are responsible for dealing with specified health and safety issues, and must, so far as is practicable: - notify the employees of the nominations in the manner that is, and in the languages that are, appropriate; and notify in writing the health and safety committee of the nominations. · At any stage in the resolution of an issue, any party may call in the employee / employer representative or advisor to assist the parties to resolve the issue. If the person invited to assist the parties is a building association official, that building association official must personally hold a valid right of entry permit under the FW Act to enter premises where construction work is performed. Procedure For Reporting Issues If an employee wishes to raise a health and safety issue in a workplace, that employee must report it to the health and safety representative or the employer's supervisor. If the health and safety representative is not able to be contacted, an employee wishing to raise a health and safety issue in a workplace, must report it to the employer's safety supervisor or another employer representative. An employee may take all steps that are necessary, including leaving the employee's part of the workplace, to report an issue. If the employer identifies a health and safety issue it may report it to the health and safety representative Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 18
Procedure For Resolving Issues
• As soon as possible after an issue has been reported, the employer's safety
supervisor or another management representative and the health and safety
representative must meet and try to resolve the issue.
• The resolution of the relevant issue must take into account any of the following
factors that may be relevant:
• Whether the hazard or risk can be isolated.
• The number and location of employees affected byit.
• Whether appropriate temporary measures are possible ordesirable.
• Whether environmental monitoring is desirable.
• The time that may elapse before the hazard or risk is permanently corrected.
• Who is responsible for performing and overseeing the removal of the hazard
or risk.
• If any party involved in the resolution of the issue requests, the details of the
issue and all matters relating to its resolution must be set out in writing by the
employer to the satisfaction of all parties.
• As soon possible after the resolution of an issue, details of the agreement must
be brought to the attention of affected employees in an appropriate manner.
Direction To Cease Work
• An issue concerning health or safety arises at a workplace or from the conduct
of the undertaking of an employer; and
• The issue concerns work which involves an immediate threat to the health or
safety of any person; and
• Given the nature of the threat and degree of risk, it is not appropriate to adopt
the processes set out in procedure for reporting issues of this clause.
• The employer or the health and safety representative for the designated work
group in relation to which the issue has arisen may, after consultation between
them, direct that the work is to cease.
• During any period for which work has ceased in accordance with such a
direction, the employer may assign any employees whose work is affected to
suitable alternative work.
Inspector May Be Requested To Attend Workplace
• If an issue is not resolved in procedure for reporting issues of this clause,
within a reasonable time, or an issue is the subject of a direction under
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Procedure For Resolving Issues · As soon as possible after an issue has been reported, the employer's safety supervisor or another management representative and the health and safety representative must meet and try to resolve the issue. The resolution of the relevant issue must take into account any of the following factors that may be relevant: . Whether the hazard or risk can be isolated. The number and location of employees affected by it. · Whether appropriate temporary measures are possible or desirable. · Whether environmental monitoring is desirable. The time that may elapse before the hazard or risk is permanently corrected. Who is responsible for performing and overseeing the removal of the hazard or risk. If any party involved in the resolution of the issue requests, the details of the issue and all matters relating to its resolution must be set out in writing by the employer to the satisfaction of all parties. As soon possible after the resolution of an issue, details of the agreement must be brought to the attention of affected employees in an appropriate manner. Direction To Cease Work . An issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an employer; and The issue concerns work which involves an immediate threat to the health or safety of any person; and Given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in procedure for reporting issues of this clause. The employer or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease. During any period for which work has ceased in accordance with such a direction, the employer may assign any employees whose work is affected to suitable alternative work. Inspector May Be Requested To Attend Workplace If an issue is not resolved in procedure for reporting issues of this clause, within a reasonable time, or an issue is the subject of a direction under Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 19
direction to cease work of this clause that work is to cease, any of the parties
attempting to resolve the issue may ask the relevant health and safety
authority to arrange for an inspector to attend at the workplace as soon as
practicable to enquire into the issue.
If: -
• The inspector issues a prohibition notice; or
• Otherwise determines that there was reasonable cause for employees to be
concerned for their health or safety, an employee who, as a result of the issue
arising, does not work for any period pending its resolution but would otherwise
be entitled to be paid for that period continues to be entitled to be paid for that
period if relocation is not available.
Rectification Of Safety Hazard
• Where, because of the existence of a safety hazard, a site has been stopped
for a defined period of time and employees sent off site by agreement
between Site Managers and any combination of Employee Representative/s,
Health and Safety Committee, those people who remain on site to do
rectification work will be paid at the applicable rate for all such work.
• This would not be applicable on normal housekeeping work or where a section
of the site has been declared unsafe and normal rectification occurs whilst the
remainder of the site carries on working. It is agreed that any 'housekeeping'
work performed on projects is to be paid at single lime rate.
PART 3-TYPES OF EMPLOYMENT AND TERMINATION OF
EMPLOYMENT
1i. DAILY EMPLOYMENT
(a) Except as provided in Clause 15, employment will be daily hire. Any
Employee not specifically engaged as a casual employee will be deemed to
be employed by daily hire, excluding apprentices.
(b) The following provisions will apply to daily hire employees:
(i) One day's notice of termination of employment will be given by either
party or one day's pay must be paid or forfeited.
(ii) Notice given at or before the usual starting time of any ordinary working
day will expire at the completion of that day's work.
(iii) A tradesperson will be allowed one hour prior to termination to gather,
clean, sharpen, pack and transport tools; and
(iv) Nothing in this clause will affect the right of an employer to dismiss an
employee without notice for misconduct or refusing duty.
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direction to cease work of this clause that work is to cease, any of the parties attempting to resolve the issue may ask the relevant health and safety authority to arrange for an inspector to attend at the workplace as soon as practicable to enquire into the issue. If: · The inspector issues a prohibition notice; or Otherwise determines that there was reasonable cause for employees to be concerned for their health or safety, an employee who, as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period if relocation is not available. Rectification Of Safety Hazard Where, because of the existence of a safety hazard, a site has been stopped for a defined period of time and employees sent off site by agreement between Site Managers and any combination of Employee Representative/s, Health and Safety Committee, those people who remain on site to do rectification work will be paid at the applicable rate for all such work. This would not be applicable on normal housekeeping work or where a section of the site has been declared unsafe and normal rectification occurs whilst the remainder of the site carries on working. It is agreed that any 'housekeeping' work performed on projects is to be paid at single time rate. PART 3 - TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 14. DAILY EMPLOYMENT (a) Except as provided in Clause 15, employment will be daily hire. Any Employee not specifically engaged as a casual employee will be deemed to be employed by daily hire, excluding apprentices. (b) The following provisions will apply to daily hire employees: (i) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited. (ii) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work. (iii) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and (iv) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 20
1§. CASUAL EMPLOYMENT
The employer will not engage an employee as a casual employee merely to avoid an
obligation under this Agreement. An Employee must not be engaged and re-engaged
to avoid any obligation under this Agreement.
A casual Employee will be employed subject to each of the following terms:
(i) A casual Employee will be engaged for a minimum period of 3 consecutive
hours on each occasion.
(ii) A casual Employee for working ordinary time will be paid 125% of the hourly
rate prescribed in Appendix 1, and all relevant allowances, for each hour so
worked. The penalty rate herein prescribed will be made in lieu of annual
leave, public holidays, personal leave, rostered days off, compassionate
leave payments, prescribed for other Employees in the Agreement.
(iii) A casual Employee, other than an irregular casual Employee, who has been
engaged by the Employer for a sequence of periods of employment under
this Agreement during a period of six months, thereafter has the right to elect
to have their contract of employment converted to full-time or part-time
employment if the employment is to continue beyond the conversion process.
(iv) The Employer must give the Employee notice in writing of the provisions of
this clause within four weeks of the Employee having attained such period of
six months. The Employee retains their right of election under this clause if
the Employer fails to comply with this subclause.
(v) A casual Employee who does not within four weeks of receiving written
notice elect to convert their contract of employment to full-time employment is
deemed to have elected against any such conversion.
(vi) A casual Employee who has a right to elect under clause 15 (iii), on receiving
notice under clause 15(v) or after the expiry of the time for giving such notice,
may give four weeks' notice in writing to the Employer that they seek to elect
to convert their contract of employment to full-time, and within four weeks of
receiving such notice the Employer must consent to or refuse the election but
must not unreasonably so refuse.
(vii) Following such Agreement being reached, the Employee converts to full-time
employment.
(viii) Once a casual Employee has elected to become and has been converted to
a full-time Employee, the Employee may only revert to casual employment by
written Agreement with the Employer.
(ix) Where, in accordance with Clause 15 (vi) an Employer refuses an election to
convert, the reasons for doing so must be fully stated to and discussed with
the Employee concerned and a genuine attempt made to reach Agreement.
(x) For the purposes of this clause, an irregular casual Employee is one who has
been engaged to perform work on an occasional or non- systematic or
irregular basis.
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15. CASUAL EMPLOYMENT The employer will not engage an employee as a casual employee merely to avoid an obligation under this Agreement. An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. A casual Employee will be employed subject to each of the following terms: (i) A casual Employee will be engaged for a minimum period of 3 consecutive hours on each occasion. (ii) A casual Employee for working ordinary time will be paid 125% of the hourly rate prescribed in Appendix 1, and all relevant allowances, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays, personal leave, rostered days off, compassionate leave payments, prescribed for other Employees in the Agreement. (iii) A casual Employee, other than an irregular casual Employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. (iv) The Employer must give the Employee notice in writing of the provisions of this clause within four weeks of the Employee having attained such period of six months. The Employee retains their right of election under this clause if the Employer fails to comply with this subclause. (v) A casual Employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time employment is deemed to have elected against any such conversion. (vi) A casual Employee who has a right to elect under clause 15 (iii), on receiving notice under clause 15(v) or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. (vii) Following such Agreement being reached, the Employee converts to full-time employment. (viii Once a casual Employee has elected to become and has been converted to a full-time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. (ix) Where, in accordance with Clause 15 (vi) an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. (x) For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non- systematic or irregular basis Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 21
1§. EMPLOYER AND EMPLOYEE DUTIES
An employer may direct an employee to carry out such duties as are within the
limits of the employee's skill, competence and training consistent with the
classification structure of this Agreement.
!I. TERMINATION OF EMPLOYMENT
17.1 Notice of termination is provided for in the NES. The notice provisions of the
NES do not apply to a daily hire employee working in the building and
construction industry.
17.2 Apprentices Termination will be as per Clause 23.15.
17.3 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as
that required of an employer, except that there is no requirement on the
employee to give additional notice based on the age of the employee
concerned. If an employee fails to give the required notice the employer may
withhold from any monies due to the employee on termination under this
Agreement or the NES .
.1l!,. REDUNDANCY SCHEME
18.1 Participation in Redundancy Scheme
(a) The employer will participate in the PPTEF Redundancy Scheme or other
equivalent Redundancy Scheme as agreed between the employer and
employees and make contributions to the Scheme in accordance with this
clause for each employee and the PPTEF deed (or other equivalent deed) to
provide for the payment of redundancy benefits to the employees.
Contributions will continue whilst an employee is absent on paid annual
leave, sick leave, long service leave, public holidays, jury service,
bereavement leave, workers compensation up to 26 weeks as per the
PPTEF deed (or other equivalent deed), or other paid leave.
(b) The benefits to be provided to the Employees shall be equivalent to the
benefits provided by an Approved Worker Entitlement Fund (ATO Approved
Fund) that is administered and/or managed by Redundancy Payment Central
Fund Ltd (lncolink).
(c) Where the PPTEF Redundancy Scheme is not used, the particular
Redundancy Scheme to receive the employer's contributions shall be agreed
between the majority of employees and the employer. Any ATO Approved
Fund that is administered and/or managed by lncolink shall be taken as
agreed to by the majority of employees and the employer for the purpose of
this clause.
(d) For the purpose of clause (c) once lncolink has notified the employer of the
relevant ATO Approved Fund (lncolink Responsible Fund) the employer will
enrol to become a member and will enrol all the employees of the employer
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16. EMPLOYER AND EMPLOYEE DUTIES An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement. 17. TERMINATION OF EMPLOYMENT 17.1 Notice of termination is provided for in the NES. The notice provisions of the NES do not apply to a daily hire employee working in the building and construction industry. 17.2 Apprentices Termination will be as per Clause 23.15. 17.3 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this Agreement or the NES. 18. REDUNDANCY SCHEME 18.1 Participation in Redundancy Scheme (a) The employer will participate in the PPTEF Redundancy Scheme or other equivalent Redundancy Scheme as agreed between the employer and employees and make contributions to the Scheme in accordance with this clause for each employee and the PPTEF deed (or other equivalent deed) to provide for the payment of redundancy benefits to the employees. Contributions will continue whilst an employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, workers compensation up to 26 weeks as per the PPTEF deed (or other equivalent deed), or other paid leave. (b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). (c) Where the PPTEF Redundancy Scheme is not used, the particular Redundancy Scheme to receive the employer's contributions shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. (d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 22
within the scope of this Agreement in the lncolink Responsible Fund in
accordance with the constituting documents of the lncolink Responsible
Fund. The employer must abide by and pay contributions to that lncolink
Responsible Fund on behalf of each employee in accordance with the
constituting documents of the lncolink Responsible Fund. The employees
enrolled shall be entitled to redundancy benefits in accordance with the terms
of the lncolink Responsible Fund's trust deed.
(e) Where the employer is already a member of an ATO Approved Fund of which
lncolink is trustee (Appropriate lncolink Fund), the employer shall enrol all the
employees of the employer within the scope of this Agreement in the
Appropriate lncolink Fund in accordance with the constituting documents of
the Appropriate lncolink Fund. The employer must abide by and pay
contributions to that Appropriate lncolink Fund on behalf of each employee in
accordance with the constituting documents of the Appropriate lncolink Fund.
The employees enrolled shall be entitled to redundancy benefits in
accordance with the terms of the Appropriate lncolink Fund's trust deed.
(f) If lncolink nominates any other ATO Approved Fund the employer shall pay
contributions to that fund on behalf of each employee in accordance with the
constituting documents of that other ATO Approved Fund.
(g) In all cases the redundancy payments which the employer is liable to pay are
whichever are the greater of the entitlement of the employee as per
(h) Clause 21.3 and the entitlement of the employee under relevantly the lncolink
Responsible Fund or the Appropriate lncolink Fund trust deed (or under the
constituting documents of any other ATO Approved Fund nominated by
lncolink pursuant to its trust deed).
(i) References in this Clause to relevantly the lncolink Responsible Fund or the
Appropriate lncolink Fund include a reference to another fund for comparable
purposes nominated by lncolink for the purposes of this Agreement as a fund
which meets the requirements of relevantly an lncolink Responsible Fund or
an Appropriate lncolink Fund.
18.2 Definition
For the purposes of this clause, redundancy means a situation where an
employee ceases to be employed by an employer other than for reasons of
misconduct or refusal of duty. Redundant has a corresponding meaning.
18.3 Redundancy Pay
A redundant employee will receive redundancy/severance payments in respect
of all continuous service with the employer, calculated as follows:
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within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. (e) Where the employer is already a member of an ATO Approved Fund of which Incolink is trustee (Appropriate Incolink Fund), the employer shall enrol all the employees of the employer within the scope of this Agreement in the Appropriate Incolink Fund in accordance with the constituting documents of the Appropriate Incolink Fund. The employer must abide by and pay contributions to that Appropriate Incolink Fund on behalf of each employee in accordance with the constituting documents of the Appropriate Incolink Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Appropriate Incolink Fund's trust deed. (f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. (g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per (h) Clause 21.3 and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). (i) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which meets the requirements of relevantly an Incolink Responsible Fund or an Appropriate Incolink Fund. 18.2 Definition For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. 18.3 Redundancy Pay A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 23
Period of continuous service Redundancy /Severance Pay with an employer
2.4 weeks' pay plus, for all service in
1 year or more but less than 2 excess of 1 year, 1.75 hours pay per
Years completed week of service up
to a maximum of 4.8 weeks' pay
4.8 weeks' pay plus, for all service in
2 years or more but less than 3 excess of 2 years, 1.6 hours pay
Years per completed week of service up to a
maximum of 7 weeks' pay
7 weeks' pay plus, for all service in
3 years or more but less than 4 excess of 3 years, 0.73 hours pay per
Years completed week of service up to a
maximum of 8 weeks' nav
4 years or more 8 weeks' pay
(a) Provided that an employee employed for less than 12 months will be entitled
lo a redundancy/severance payment of 1. 75 hours per week of service if, and
only if, redundancy is occasioned otherwise than by the employee.
(b) Week's pay means the ordinary time rate of pay al the lime of termination for
the employee concerned.
(c) If an employee dies with a period of eligible service which would have entitled
that employee to redundancy pay, such redundancy pay entitlement will be
paid to the estate of the employee.
(d) Any period of service as a casual will not entitle an employee to accrue
service in accordance with this clause for that period.
(e) Service as an apprentice will entitle an employee to accumulate credits
towards the payment of a redundancy benefit in accordance with this clause
if the employee completes an apprenticeship and remains in employment
with that employer for a further 12 months.
(f) Contributions paid by the employer under this clause will be paid in
accordance with the requirements of the Scheme's trust deed.
(g) Upon termination the employee will, depending on the Scheme's trust deed,
be paid directly by the Scheme.
(h) For the purpose of meeting its obligations under this clause the employer will
make the contributions set out in clause 21 above on a monthly basis in
respect of each employee covered by this Agreement to the Scheme.
(i) Where an employee is entitled to a payment by the Scheme under clause 21
and an entitlement under the provisions of this clause would be greater, then
the employee will receive the difference between the amount due under
clause 21 and the amount due under this clause, but not both.
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Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service in 1 year or more but less than 2 excess of 1 year, 1.75 hours pay per Years completed week of service up to a maximum of 4.8 weeks' pay 4.8 weeks' pay plus, for all service in 2 years or more but less than 3 excess of 2 years, 1.6 hours pay Years per completed week of service up to a maximum of 7 weeks' pay 7 weeks' pay plus, for all service in 3 years or more but less than 4 excess of 3 years, 0.73 hours pay per Years completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay (a) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (b) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. (c) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement will be paid to the estate of the employee. (d) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (e) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months. (f) Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. (g) Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. (h) For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 21 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (i) Where an employee is entitled to a payment by the Scheme under clause 21 and an entitlement under the provisions of this clause would be greater, then the employee will receive the difference between the amount due under clause 21 and the amount due under this clause, but not both. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 24
18.4 Redundancy Pay Schemes
(a) Where an employer terminates the employment of an employee and the
employer incurs a redundancy pay obligation to the employee under this
clause, some or all of the benefit the employee receives from a redundancy
pay fund may be set off against the employer's redundancy pay obligation
under this clause, subject to the following conditions.
(b) If the employee receives a benefit from the redundancy pay fund, the
employer may set off any proportion of the benefit which is attributable to the
employer's contribution to the fund against its redundancy pay obligation
under this clause. If the proportion so calculated is equal to or greater than
the employer's redundancy pay obligation under this clause the obligation will
be fully satisfied.
(c) If the employee does not receive a benefit from the redundancy pay scheme,
contributions made by an employer on behalf of an employee to the scheme
will, to the extent of those contributions, be set off against the liability of the
employer under this clause and payments to the employee will be made in
accordance with the rules of the redundancy pay scheme fund or any
agreement relating thereto. If the contribution is equal to or greater than the
employer's redundancy pay obligation under this clause the obligation will be
fully satisfied. The redundancy pay scheme must be endorsed as an
Approved Worker Entitlement Fund under Division 426 in Schedule 1 to the
Taxation Administration Act 1953 (Cth).
18.5 Employee Leaving During Notice Period
An employee whose employment is to be terminated in accordance with this
clause may terminate their employment during the period of notice and if this
occurs, will be entitled to the provisions of this clause as if the employee
remains with the employer until expiry of such notice. Provided that in such
circumstances, the employee will not be entitled to payment instead of notice.
18.6 Transfer Of Business
Where a business is, before or after the date of this award, transferred from an
employer (in this subclause called the old employer) to another employer (in this
subclause called the new employer) and an employee who at the time of such
transfer was an employee of the old employer in that business becomes an
employee of the new employer:
(a) The continuity of the employment of the employee will be deemed not to have
been broken by reason of such transfer; and
(b) The period of employment which the employee has had with the old
employer or any prior old employer will be deemed to be service of the
employee with the new employer.
In this subclause, business includes trade, process, business or occupation and
includes part of any such business and transfer includes transfer, conveyance,
assignment or succession whether by agreement or by operation of law.
Transferred has a corresponding meaning.
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18.4 Redundancy Pay Schemes (a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions. (b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. The redundancy pay scheme must be endorsed as an Approved Worker Entitlement Fund under Division 426 in Schedule 1 to the Taxation Administration Act 1953 (Cth). 18.5 Employee Leaving During Notice Period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 18.6 Transfer Of Business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) The continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and (b) The period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 25
a. SHAM CONTRACTING
19.1 The parties to this agreement acknowledge that sham contracting has the
potential to undermine fair employment practices, erode employee entitlements
and affect the job security of employees covered by this agreement. A sham
contracting arrangement includes where an employer attempts to disguise an
employment relationship as an independent contracting arrangement. This is
usually done for the purposes of avoiding for employee entitlements.
19.2 Sham contracting means sham arrangements as described in Part 3-1,
Division 6 of the Fair Work Act.
19.3 In this clause, "Sham Contracting" is where.
(a) An employer employs, or proposes to employ, an individual, representing to
the individual that the contract of employment under which the individual is,
or would be, employed by the employer is a contract for services under which
the individual performs, or would perform, work as an independent
contractor.
(b) An employer dismisses, or threatens to dismiss, an individual who is an
employee of the employer and performs particular work for the employer in
order to engage the individual as an independent contractor to perform the
same, or substantially the same, work under a contract for services; or
(c) An employer employs, or has at any time employed, an individual to perform
particular work makes a statement that the employer knows is false in order
to persuade or influence the individual to enter into a contract for services
under which the individual will perform, as an independent contractor, the
same, or substantially the same, work for the employer.
19.4 Clause 19.3 a) does not apply if the employer proves that, when the
representation was made, the employer did not know and was not reckless as to
whether the contract was a contract of employment rather than a contract for
services.
19.5 Any use of sham contracting is a breach of this agreement.
19.6 Where a sham contracting arrangement has been reasonably alleged and is
unable to be resolved at the workplace level, any party may refer the allegation
directly to the FWC for conciliation and/or resolution under clause 12 of this
agreement. All parties will cooperate with the requests of the FWC including
requests to provide substantiating information or undertaking an independent
audit of their arrangements. For the avoidance of doubt, an effected employee
may appoint a representative in relation to such matters.
19.7 Where the sham contracting allegation exists on the employers' project or
workplace, the employer will make itself available to assist in the dispute
resolution procedure.
19.8 Where it is agreed or determined by the FWC that a sham contract was in place
and the person was in fact an employee under this agreement, the calculation
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19. SHAM CONTRACTING 19.1 The parties to this agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 19.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 19.3 In this clause, "Sham Contracting" is where. (a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. (b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or (c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 19.4 Clause 19.3 a) does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 19.5 Any use of sham contracting is a breach of this agreement. 19.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 12 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 19.7 Where the sham contracting allegation exists on the employers' project or workplace, the employer will make itself available to assist in the dispute resolution procedure. 19.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 26
for backpay will be calculated on the basis of the hourly rate contained in this
agreement plus site allowance and an additional 85% loading to cover
entitlements other than CBUS and Redundancy Fund Payments. Any difference
between the hourly rate paid to the employee, plus CBUS and Redundancy
Fund Payments will form the settlement for the breach of this clause. The
affected employee will be re-inducted and fully informed of their entitlements
under this agreement and the FWA.
19.9 The employer must ensure that a person engaged to undertake work as an
employee is lawfully entitled to be so engaged under Australian law.
19.10 Companies will not engage Labour Hire
~ SECURITY OF EMPLOVMENT AND CONTRACTORS
20.1 Security of Employment Arrangements
(a) The Company is committed to maintaining a stable and skilled workforce,
recognising its contribution to the operation of the company. Subject to the
terms of this agreement, full-time direct and ongoing employment is a guiding
principle of this agreement.
(b) The parties agree that the Employer needs to be able to source additional
labour by engaging subcontractor firms and/or supplementary labour from
time to time
(c) The parties agree that ii is important that work is performed effectively,
efficiently and without undue pressure or bullying, and in a way that promotes
WHS and equal opportunity principles and practises in the workplace and
appropriate representation of employees should they request. The company
will ensure that its employment practises are consistent with the above
principles and practices.
20.2 Contractors
All subcontract firms and supplementary labour will be engaged according to
the following terms:
(a) All Employees of the subcontract firm engaged on the project will be
registered or apprenticed Roof Plumbers.
(b) The subcontract firm will have its own safe work method statements and
WHS plans.
(c) The subcontract firm will have all appropriate licenses and will hold current
public liability and worker's compensation insurances.
(d) Builders will be notified that the subcontract firm has been engaged and all
Employees of the subcontract firm will be inducted under their company
name.
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for backpay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and Redundancy Fund Payments. Any difference between the hourly rate paid to the employee, plus CBUS and Redundancy Fund Payments will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 19.9 The employer must ensure that a person engaged to undertake work as an employee is lawfully entitled to be so engaged under Australian law. 19.10 Companies will not engage Labour Hire 20. SECURITY OF EMPLOYMENT AND CONTRACTORS 20.1 Security of Employment Arrangements (a) The Company is committed to maintaining a stable and skilled workforce, recognising its contribution to the operation of the company. Subject to the terms of this agreement, full-time direct and ongoing employment is a guiding principle of this agreement. (b) The parties agree that the Employer needs to be able to source additional labour by engaging subcontractor firms and/or supplementary labour from time to time (c) The parties agree that it is important that work is performed effectively, efficiently and without undue pressure or bullying, and in a way that promotes WHS and equal opportunity principles and practises in the workplace and appropriate representation of employees should they request. The company will ensure that its employment practises are consistent with the above principles and practices. 20.2 Contractors All subcontract firms and supplementary labour will be engaged according to the following terms: (a) All Employees of the subcontract firm engaged on the project will be registered or apprenticed Roof Plumbers. (b) The subcontract firm will have its own safe work method statements and WHS plans. (c) The subcontract firm will have all appropriate licenses and will hold current public liability and worker's compensation insurances. (d) Builders will be notified that the subcontract firm has been engaged and all Employees of the subcontract firm will be inducted under their company name. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 27
20.3 Consultation
(a) Where the Company makes a definite decision that it intends to engage a
third party to perform work covered by this agreement, (which would
ordinarily be undertaken by the employees), the company shall consult with
the employees, in accordance with this clause.
(b) In the normal course it is expected that consultation will occur within the 14
days leading up to the commencement of work by the Third Party. lffor any
reason this does not occur, or if the company has less than 14 days' notice of
the need to commence the work, consultation will occur as soon as
reasonably practicable, and in any case, not more than 14 days after the
Third Party commences work.
(c) At the consultation, the Company must advise in writing:
i. The name of the Third Party
ii. The type of work proposed to be given to the Third Party
iii. The likely duration
(d) At any time, upon written request of an employee representative, the
company shall provide the above details in writing in respect of any Third
Parties the company is using at the time of the request.
(e) At the consultation, the company must consult over the following issues:
i. Safety, and
ii. Facilities for the Third Party
a) Third Party means:
i. A licensed Roof Plumbing Contractor which utilises registered first
class or apprenticed Roof Plumbers.
ii. Any other person or entity who/which is not a direct employee of the
Company, which will do, or does work, that would be covered by this
Agreement if it was performed by the Employees.
b) For the purposes of this clause, a Third Party excludes specialist work and
other works that the company is required to perform with employees
covered by this Agreement.
PART 4 RENUMERATION AND PAYMENT OFWAGES
2.1. PAYMENT Of WAGES
21.1 Wages due will be paid by electronic funds transfer into the employee's
nominated bank or other financial institution account. Wages will be paid weekly
and (subject only to Public Holiday delays) be available no later than close of
business on the Thursday following the end of the relevant pay period.
Employees will receive their pay slips on a weekly basis as soon as practicable
on or after pay-day.
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20.3 Consultation (a) Where the Company makes a definite decision that it intends to engage a third party to perform work covered by this agreement, (which would ordinarily be undertaken by the employees), the company shall consult with the employees, in accordance with this clause. (b) In the normal course it is expected that consultation will occur within the 14 days leading up to the commencement of work by the Third Party. If for any reason this does not occur, or if the company has less than 14 days' notice of the need to commence the work, consultation will occur as soon as reasonably practicable, and in any case, not more than 14 days after the Third Party commences work. (c) At the consultation, the Company must advise in writing: i. The name of the Third Party ii. The type of work proposed to be given to the Third Party iii. The likely duration (d) At any time, upon written request of an employee representative, the company shall provide the above details in writing in respect of any Third Parties the company is using at the time of the request. (e) At the consultation, the company must consult over the following issues: i. Safety, and ii. Facilities for the Third Party a) Third Party means: i. A licensed Roof Plumbing Contractor which utilises registered first class or apprenticed Roof Plumbers. ii. Any other person or entity who/which is not a direct employee of the Company, which will do, or does work, that would be covered by this Agreement if it was performed by the Employees. b) For the purposes of this clause, a Third Party excludes specialist work and other works that the company is required to perform with employees covered by this Agreement. PART 4 RENUMERATION AND PAYMENT OF WAGES 21. PAYMENT OF WAGES 21.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 28
21.2 Particulars of details of payment to each employee will be provided in a statement
issued to the employee at the time payment is made and will contain the following
information as required by regulation or under The Fair Work Act 2009 (as
amended):
i. employer's and employee's name
ii. employer's Australian Business Number (if applicable)
iii. pay period
iv. date of payment
v. gross and net pay
vi. the ordinary hourly rate
vii. balance of accrued RDO hours
viii. accumulated sick leave
ix. accrued annual leave hours
x. income protection payments
xi. redundancy contribution
xii. the number of hours worked at that rate
xiii. the total dollar amount of pay at that rate
xiv. any loadings, allowances, bonuses, incentive-based payments, penalty
rates or other paid entitlements that can be separated out from an
employee's ordinary hourly rate
xv.
xvi.
a.
b.
i.
a.
b.
the pay rate that applied on the last day of employment
any deductions from the employee's pay, including:
the amount and details of each deduction,
the name, or name and number of the fund/ account the deduction was
paid into
any superannuation contributions paid for the employee's benefit,
including:
The amount of contributions made during the pay period (or the amount
of contributions that need to be made),
The name and I or number of the superannuation fund the contributions
were made to.
21.3 An employee whose service is terminated shall be paid the full amount of wages,
redundancy and accrued payments due, at the next full pay period.
21.4 Time and Wages Records
In accordance with statutory requirements, the Employer shall keep or cause to
be kept a time and wages record for each employee. The employer will provide
access to these records to the employee if requested. Upon termination,
employees who use a Company email or when payslips are kept electronically
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21.2 Particulars of details of payment to each employee will be provided in a statement issued to the employee at the time payment is made and will contain the following information as required by regulation or under The Fair Work Act 2009 (as amended): i. employer's and employee's name ii. employer's Australian Business Number (if applicable) iii. pay period iv. date of payment V. gross and net pay vi. the ordinary hourly rate Vii. balance of accrued RDO hours viii. accumulated sick leave ix. accrued annual leave hours X. income protection payments xi. redundancy contribution xii. the number of hours worked at that rate xiii. the total dollar amount of pay at that rate xiv any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee's ordinary hourly rate XV. the pay rate that applied on the last day of employment xvi. any deductions from the employee's pay, including: a. the amount and details of each deduction, b. the name, or name and number of the fund / account the deduction was paid into i. any superannuation contributions paid for the employee's benefit, including: a. The amount of contributions made during the pay period (or the amount of contributions that need to be made), b. The name and / or number of the superannuation fund the contributions were made to. 21.3 An employee whose service is terminated shall be paid the full amount of wages, redundancy and accrued payments due, at the next full pay period. 21.4 Time and Wages Records In accordance with statutory requirements, the Employer shall keep or cause to be kept a time and wages record for each employee. The employer will provide access to these records to the employee if requested. Upon termination, employees who use a Company email or when payslips are kept electronically Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 29
in the Employers portal will be provided electronically or a hard copy of all pay
slips upon request.
Zl. SUPERANNUATION
22.1 The level of contributions paid on behalf of each employee will be in accordance
with the Superannuation Guarantee Charge (SGC)
22.2 Superannuation will be paid on all ordinary time earnings, RDO's, Travel
Allowance, Site Allowance, Productivity Allowance, Leading Hands allowances,
and all allowances specifically covered by the Superannuation Guarantee Charge
(SGC)
22.3 The Employer will contribute on behalf of each Employee the SGC of Ordinary
Time Earnings into CBUS or another complying MySuper fund as required by the
Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). Subject to
the SGAA, CBUS shall be the default fund in the event an Employee fails to
nominate another complying MySuper fund.
22.4 The Employer will provide each employee with a copy of a form provided by
CBUS that enables the employee to give written notice to the Employer that
CBUS is their chosen fund, together with factual information approved by the
Union and CBUS to enable the employee to exercise this choice. This will be
provided:
(a) on or before commencement of their employment.
(b) if the Employer is notified by the ATO that the employee has stapled fund;
and
(c) at other times as required or requested.
22.5 The Employee will be given a reasonable opportunity to nominate CBUS as the
Employee's chosen fund. If the Employer does not receive written notice from the
Employee indicating their choice of fund within a reasonable timeframe, and no
later than 28 days of commencing employment, then the Employer will provide
the above information again to the Employee along with a standard choice form
specifying CBUS as the nominated default superannuation fund.
22.6 The employer will, as part of the induction process for all new employees,
provide each new employee with written information provided by the Union
and/or CBUS about superannuation, choice of fund and the specific benefits of
construction industry focused superannuation funds for employees covered by
this agreement.
22.7 ABSENT FROM WORK
a) Subject to the governing rules of the relevant superannuation fund, the
Employer will make the superannuation contributions provided for in Clause
22.3 in the following circumstances:
b) Paid Leave
Contributions will continue whilst a member of a Fund is absent on paid
annual leave, sick leave, for the purposes of taking long service leave, public
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in the Employers portal will be provided electronically or a hard copy of all pay slips upon request. 22. SUPERANNUATION 22.1 The level of contributions paid on behalf of each employee will be in accordance with the Superannuation Guarantee Charge (SGC) 22.2 Superannuation will be paid on all ordinary time earnings, RDO's, Travel Allowance, Site Allowance, Productivity Allowance, Leading Hands allowances, and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 22.3 The Employer will contribute on behalf of each Employee the SGC of Ordinary Time Earnings into CBUS or another complying MySuper fund as required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). Subject to the SGAA, CBUS shall be the default fund in the event an Employee fails to nominate another complying MySuper fund. 22.4 The Employer will provide each employee with a copy of a form provided by CBUS that enables the employee to give written notice to the Employer that CBUS is their chosen fund, together with factual information approved by the Union and CBUS to enable the employee to exercise this choice. This will be provided: (a) on or before commencement of their employment. (b) if the Employer is notified by the ATO that the employee has stapled fund; and (c) at other times as required orrequested. 22.5 The Employee will be given a reasonable opportunity to nominate CBUS as the Employee's chosen fund. If the Employer does not receive written notice from the Employee indicating their choice of fund within a reasonable timeframe, and no later than 28 days of commencing employment, then the Employer will provide the above information again to the Employee along with a standard choice form specifying CBUS as the nominated default superannuation fund. 22.6 The employer will, as part of the induction process for all new employees, provide each new employee with written information provided by the Union and/or CBUS about superannuation, choice of fund and the specific benefits of construction industry focused superannuation funds for employees covered by this agreement. 22.7 ABSENT FROM WORK a) Subject to the governing rules of the relevant superannuation fund, the Employer will make the superannuation contributions provided for in Clause 22.3 in the following circumstances: b) Paid Leave Contributions will continue whilst a member of a Fund is absent on paid annual leave, sick leave, for the purposes of taking long service leave, public Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 30
holidays, jury seivice, bereavement leave, or any other paid leave.
c) Unpaid Leave
Contributions will not be required in respect of any period of absence from
work without pay of one day or more.
d) Work Related Injury Or Illness
In the event of an eligible Employee's absence from work (subject to
maximum of 52 weeks) of the Employee due to work related injury or work
related illness, contributions at the normal rate will continue for the period of
the absence provided the!!: -
The member of the fund is receiving workers compensation payments or is
receiving regular payments directly from the Employer in accordance with
statutory requirements or the provisions of this Agreement; and the person
remains an Employee of the Employer.
22.8 EMPLOYEE CONTRIBUTIONS
a) The Employee can elect to salary sacrifice part or all of his or her wages or
other allowable entitlements into a superannuation fund of the Employee's
choosing provided that:
i. The arrangement complies with relevant legislation and Employers policy
as amended from time to time.
ii. The Employee notifies the Employer of his or her election to salary
sacrifice in writing prior to the wages and/or allowable entitlements
being earned or accrued by the Employee;
iii. The superannuation fund is a complying superannuation fund; The
amount to be paid into the superannuation fund plus any balance of
wages and/or allowable entitlements is equivalent to what the
Employee would have been entitled to as wages and/or allowable
entitlements under this Agreement.
22.9 All Superannuation contributions under this Agreement will be paid monthly as
required by the Cbus Trust Deed where applicable.
PART 5 APPRENTICES
21. GENERAL
23.1 Apprentices including hosted apprentices through a group scheme and alike,
will be entitled to all terms and conditions of this agreement. Rates of pay and
allowances will be in accordance with the charts contained in the Appendix 2 -
Rates of Pay Apprentices.
23.2 In determining the wages to be paid to an apprentice, any credit applicable to
the term of the apprenticeship will be counted as part of the term of
apprenticeship already completed.
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holidays, jury service, bereavement leave, or any other paid leave. c) Unpaid Leave Contributions will not be required in respect of any period of absence from work without pay of one day or more. d) Work Related Injury Or Illness In the event of an eligible Employee's absence from work (subject to maximum of 52 weeks) of the Employee due to work related injury or work- related illness, contributions at the normal rate will continue for the period of the absence provided that: - The member of the fund is receiving workers compensation payments or is receiving regular payments directly from the Employer in accordance with statutory requirements or the provisions of this Agreement; and the person remains an Employee of the Employer. 22.8 EMPLOYEE CONTRIBUTIONS a) The Employee can elect to salary sacrifice part or all of his or her wages or other allowable entitlements into a superannuation fund of the Employee's choosing provided that: i. The arrangement complies with relevant legislation and Employers policy as amended from time to time ii. The Employee notifies the Employer of his or her election to salary sacrifice in writing prior to the wages and/or allowable entitlements being earned or accrued by the Employee; iii. The superannuation fund is a complying superannuation fund; The amount to be paid into the superannuation fund plus any balance of wages and/or allowable entitlements is equivalent to what the Employee would have been entitled to as wages and/or allowable entitlements under this Agreement. 22.9 All Superannuation contributions under this Agreement will be paid monthly as required by the Cbus Trust Deed where applicable. PART 5 APPRENTICES 23. GENERAL 23.1 Apprentices including hosted apprentices through a group scheme and alike, will be entitled to all terms and conditions of this agreement. Rates of pay and allowances will be in accordance with the charts contained in the Appendix 2 - Rates of Pay Apprentices 23.2 In determining the wages to be paid to an apprentice, any credit applicable to the term of the apprenticeship will be counted as part of the term of apprenticeship already completed. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 31
23.3 Attending College/School.
Apprentices will be paid all wages and allowances, including but not limited to
travel and site allowance as specified by this Agreement for time spent
attending college/school in the course of their apprenticeship. All time spent
attending college/school in the course of the apprenticeship will count as time
served for all purposes.
23.4 Apprentices Attending Technical College On RDO
23.5 An apprentice working in an establishment under a particular work cycle in
accordance with this Part who attends technical college on a rostered day off,
shall be afforded another ordinary working day off as substitution for the
rostered day off. Any substituted day must be taken in the current or next
succeeding work cycle.
23.6 Except where ii is inconsistent with this clause, the provisions of the Plumbing
and Fire Sprinkler Award 2010 will apply to apprentices.
23.7 Fees due to be paid by an apprentice for attending the Plumbing Trade Course
shall be paid by the employer at the time such fees become due. Where an
apprentice fails to complete a course of study or fails a particular subject any
additional fees due to complete the course will be the responsibility of the
apprentice.
23.8 All Apprentices will be enrolled and attend the PICAC Glenwood Training
Centre or an agreed RTO by all parties.
23.9 RDO's / Public Holidays
In addition to the provisions otherwise provided in this agreement where Public
Holiday or RDO falls on a day on which the apprentice is required to attend and
does attend technical college or registered training organisation, the apprentice
will be paid for the RDO in addition to their normal pay in that pay week.
23.1 O Any disputes arising out of the provisions of this clause shall be dealt with
through the dispute settlement procedure.
23.11 The provisions of this clause shall not apply to school-based apprentices.
23.12 An apprentice will not work under any system of payment by results.
23.13 Overtime - Apprentices
a) Except in an emergency, be required to work overtime or shift work at times
which would prevent their attendance at technical school or a registered
training organisation.
b) When working overtime, the apprentice should be under the direction of a
competent person.
a) Be paid at the overtime, meals and other penalties rates that apply under this
Agreement.
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23.3 Attending College/School. Apprentices will be paid all wages and allowances, including but not limited to travel and site allowance as specified by this Agreement for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes. 23.4 Apprentices Attending Technical College On RDO 23.5 An apprentice working in an establishment under a particular work cycle in accordance with this Part who attends technical college on a rostered day off, shall be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle. 23.6 Except where it is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinkler Award 2010 will apply to apprentices. 23.7 Fees due to be paid by an apprentice for attending the Plumbing Trade Course shall be paid by the employer at the time such fees become due. Where an apprentice fails to complete a course of study or fails a particular subject any additional fees due to complete the course will be the responsibility of the apprentice. 23.8 All Apprentices will be enrolled and attend the PICAC Glenwood Training Centre or an agreed RTO by all parties. 23.9 RDO's / Public Holidays In addition to the provisions otherwise provided in this agreement where Public Holiday or RDO falls on a day on which the apprentice is required to attend and does attend technical college or registered training organisation, the apprentice will be paid for the RDO in addition to their normal pay in that pay week. 23.10 Any disputes arising out of the provisions of this clause shall be dealt with through the dispute settlement procedure. 23.11 The provisions of this clause shall not apply to school-based apprentices. 23.12 An apprentice will not work under any system of payment by results. 23.13 Overtime - Apprentices a) Except in an emergency, be required to work overtime or shift work at times which would prevent their attendance at technical school or a registered training organisation. b) When working overtime, the apprentice should be under the direction of a competent person. a) Be paid at the overtime, meals and other penalties rates that apply under this Agreement. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 32
23.14 Adult Apprentices
c) Where a person was employed by an employer immediately prior to
becoming an adult apprentice with that employer, such person will not suffer
a reduction in the rate of pay by virtue of entering into a training agreement.
23.15 Termination of Employment for Apprentices
An apprentice is entitled to notice of termination, unless they're:
• employed for a specified period, such as a training contract.
• dismissed for Serious Misconduct
PART 6 HOURS OF WORK AND RELATED MATTERS
~ ORDINARY HOURS Of WORK
24.1 Except as provided elsewhere in this agreement, the average ordinary working
hours will be 36 per week worked in accordance with the following provisions
for a four-week work cycle:
This Time Will Accrue As Follows:
0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken;
24.2 Rostered Days Off
a) The ordinary working hours shall be worked in a 1 O day/ 2-week cycle,
Monday to Friday inclusive with eight hours worked foreach nine (9) days,
and with 0.8 of an hour on each of those days accruing toward the tenth day
and can be taken as a paid day off. The tenth day shall be known as the
Rostered Day Off or 'RDO'.
b) RDO's shown as flexible RDO's in the RDO Calendar(Appendix 6) can be
worked and banked.
c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during
Designated Long weekends.
d) Subject to Clause 24.6, RDOs not attached to a Designated Long Weekend
are paid at the ordinary time rate paid to Employees at the time of taking the
RDO, and on all RDOs payment shall include the daily TRAVEL Allowance',
and any applicable allowances as prescribed by this Agreement.
e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months
continuous service.
f) Each day of paid leave taken and any public holiday occurring during any cycle
of two weeks will be a day worked for accrual purposes.
g) Upon commencement of employment, Employees who have not worked a
complete ten day/two-week cycle, shall receive pro-rata accrual entitlements
for the first RDO or group of RDOs falling after their commencement of
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23.14 Adult Apprentices c) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer, such person will not suffer a reduction in the rate of pay by virtue of entering into a training agreement. 23.15 Termination of Employment for Apprentices An apprentice is entitled to notice of termination, unless they're: · employed for a specified period, such as a training contract. · dismissed for Serious Misconduct PART 6 HOURS OF WORK AND RELATED MATTERS 24. ORDINARY HOURS OF WORK 24.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 36 per week worked in accordance with the following provisions for a four-week work cycle: This Time Will Accrue As Follows: 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; 24.2 Rostered Days Off a) The ordinary working hours shall be worked in a 10 day/ 2-week cycle, Monday to Friday inclusive with eight hours worked foreach nine [9] days, and with 0.8 of an hour on each of those days accruing toward the tenth day and can be taken as a paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO'. b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 6) can be worked and banked. c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during Designated Long weekends. d) Subject to Clause 24.6, RDOs not attached to a Designated Long Weekend are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs payment shall include the daily 'TRAVEL Allowance', and any applicable allowances as prescribed by this Agreement. e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months continuous service. f) Each day of paid leave taken and any public holiday occurring during any cycle of two weeks will be a day worked for accrual purposes. g) Upon commencement of employment, Employees who have not worked a complete ten day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 33
employment. Thereafter, for the duration of employment with that employer,
RDOs will be paid in full as they occur.
24.3 RDO Schedule, Public Holidays, Designated Long Weekends and
Christmas Annual Leave
(a) The agreed RDO calendar for the Employer (unless otherwise varied in
accordance with this Agreement) is in Appendix 6 and reflects the agreed
scheduling of Designated Long Weekends, Flexible Rostered Days Off,
Scheduled Rostered Days Off and Christmas/Easter Annual Leave shutdown
for 2024, 2025, 2026 and 2027.
(b) On the last day of work prior to a Designated Long Weekend, as far as
practical, work shall cease by 3.30pm.
24.4 Work on Scheduled RDOs and Designated Long Weekends for projects
other than Identified Projects.
(a) The Employer and its Employees may agree, where there is a need for
genuine operational reasons, work may be carried out on Scheduled
RDO/Designated Long Weekends if the Employer first consults with and
agrees about the need to carry out work with the majority of the Employees.
As far as practical given operational requirements, the Employer will give
employees at least 7 days' written notice of any such need for work to occur
so as to ensure appropriate consultation. Such requirements must be based
on genuine circumstances. If 7 days' notice is not provided by the Employer
then the affected Employees, in addition to accrued entitlements, shall be
paid double time and a half and shall bank an additional RDO over and
above the time accrued.
(b) An Employee may refuse to work on a scheduled RDO (or any substituted
day) if the requirement to do so is plainly unreasonable having regard to:
(i) the hours of work that will be worked by that Employee in the week
of the scheduled RDO.
(ii) the number of scheduled RDOs worked by the Employee within the
previous six weeks.
(iii) the Employee's family responsibilities; and
(iv) any other special circumstances peculiar to the Employee.
(c) Except on Designated Long Weekends, in addition to accrued entitlements,
such work on any scheduled RDO that is not attached to a Designated Long
weekend and where notice is given in accordance with clause 24.4 a) shall
be paid for at ordinary time rates of pay, including the daily 'Travel Allowance'
and any applicable allowances as prescribed by this Agreement.
(d) On Designated Long Weekends, in addition to accrued entitlements such
work shall be paid for at double time and a half, including the daily 'TRAVEL
Allowance' and any applicable allowances as prescribed by this Agreement
and the Employee shall bank an additional RDO over and above the time
accrued.
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employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur. 24.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave (a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this Agreement) is in Appendix 6 and reflects the agreed scheduling of Designated Long Weekends, Flexible Rostered Days Off, Scheduled Rostered Days Off and Christmas/Easter Annual Leave shutdown for 2024, 2025, 2026 and 2027. (b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall cease by 3.30pm. 24.4 Work on Scheduled RDOs and Designated Long Weekends for projects other than Identified Projects. (a) The Employer and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the Employer first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Employer will give employees at least 7 days' written notice of any such need for work to occur so as to ensure appropriate consultation. Such requirements must be based on genuine circumstances. If 7 days' notice is not provided by the Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time and a half and shall bank an additional RDO over and above the time accrued. (b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO. (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks. (iii) the Employee's family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (c) Except on Designated Long Weekends, in addition to accrued entitlements, such work on any scheduled RDO that is not attached to a Designated Long weekend and where notice is given in accordance with clause 24.4 a) shall be paid for at ordinary time rates of pay, including the daily 'Travel Allowance' and any applicable allowances as prescribed by this Agreement. (d) On Designated Long Weekends, in addition to accrued entitlements such work shall be paid for at double time and a half, including the daily 'TRAVEL Allowance' and any applicable allowances as prescribed by this Agreement and the Employee shall bank an additional RDO over and above the time accrued. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 34
(e) All Employees who work on the Scheduled RDO will be granted an
alternative RDO to another day falling within six weeks of the originally
scheduled day provided that the re-scheduled RDO is to be taken on a day or
days adjacent to a 'weekend or in conjunction with annual leave, or as
otherwise agreed by the Employee and the Employer, such agreement not to
be unreasonably withheld.
24.5 Work on Scheduled RDOs and Designated Long Weekends for Identified
Projects
This sub clause will apply for Work on Scheduled RDOs and Designated Long
Weekends for Identified Projects that are structured over a 5-day, Monday to Friday
working week.
Hours of Work
The provisions of Clause 24.1 of the Agreement apply.
Overtime
(a) It is the intention of the Employer and Employees that excessive overtime will
not be worked.
(b) To this end the general standard of weekly hours will usually not be more
than 50 hours per week, which shall be taken to mean not more than 10
hours per day Monday to Friday, for an individual Employee. The aforesaid
'usual weekly hours' of the affected Employees may by agreement be
exceeded from time to time to perform works which the Employer considers
necessary and to meet operational requirements, including but not limited to
the need to perform works which are critical to the ongoing productivity or
safety of other employees on the project or where a critical work task is
delayed due to unforeseen circumstances.
(c) Reflecting this intention, it is recognised that the Employer is not restricted as
to the setting of daily hours within the 50-hour general standard.
(d) An Employee may refuse to work overtime in circumstances where the
working of such overtime would result in the Employee working hours which
are unreasonable having regard to matters including:
(i) any risk to Employee health and safety including the risk of fatigue
i.e. excessive hours,
exposure to noise, fumes, or any matter that can impair an Employee's
ability to work safely and/or create a danger to Employees; or
(ii) the Employee's personal circumstances including any family
responsibilities; or
(iii) the notice (if any) given by the Employer of the overtime and by the
Employee of his or her intention to refuse it; or
(iv) any other relevant matter.
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(e) All Employees who work on the Scheduled RDO will be granted an alternative RDO to another day falling within six weeks of the originally scheduled day provided that the re-scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in conjunction with annual leave, or as otherwise agreed by the Employee and the Employer, such agreement not to be unreasonably withheld. 24.5 Work on Scheduled RDOs and Designated Long Weekends for Identified Projects This sub clause will apply for Work on Scheduled RDOs and Designated Long Weekends for Identified Projects that are structured over a 5-day, Monday to Friday working week. Hours of Work The provisions of Clause 24.1of the Agreement apply. Overtime (a) It is the intention of the Employer and Employees that excessive overtime will not be worked. (b) To this end the general standard of weekly hours will usually not be more than 50 hours per week, which shall be taken to mean not more than 10 hours per day Monday to Friday, for an individual Employee. The aforesaid 'usual weekly hours' of the affected Employees may by agreement be exceeded from time to time to perform works which the Employer considers necessary and to meet operational requirements, including but not limited to the need to perform works which are critical to the ongoing productivity or safety of other employees on the project or where a critical work task is delayed due to unforeseen circumstances. (c) Reflecting this intention, it is recognised that the Employer is not restricted as to the setting of daily hours within the 50-hour general standard. (d) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: (i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee's ability to work safely and/or create a danger to Employees; or (ii) the Employee's personal circumstances including any family responsibilities; or (iii) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it; or (iv) any other relevant matter. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 35
Rostered Days Off
The provisions of Clauses 24.3, 24.4 and 24.5 of the Agreement apply with the
following exceptions:
i. Projects will be fully operational on all scheduled RDOs days not attached
to a Designated Long Weekend (which include the Easter and Christmas
shutdown periods).
If an Employee works on a scheduled RDO, they will take the accrued RDO
as a substitute day within prior to the next scheduled RDO from the Scheduled
RDO falling in the RDO calendar.
24.6 Banking Of RDO's
Where the Employer and Employee agree up to six days RDOs in a twelve
month period may be accrued for the purpose of creating a bank to be drawn
upon by the Employee at times mutually agreed. Details of such banked RDOs
shall be entered on to each Employee's employment records. These RDOs may
be taken as a group of consecutive days or any other combination subject to
reasonably notice by an Employee.
24.7 Early start
By agreement between the employer and employees, the working day may
begin at 5.00 am. Or at any other time between that hour and 8.00 a.m. and the
working time will then begin to run from the time so fixed, with a consequential
adjustment to the meal break.
24.8 Employees will be entitled to take five minutes immediately before lunch and 10
minutes before finishing time to enable them to wash and put away gear. The
washing time breaks will be counted as time worked.
24.9 Where an employee is required to undertake inductions, or any other site
specific on line training after hours, they will be paid a minimum of 4 hours pay
at the appropriate rates. If the induction is time stamped then the employee will
only be paid for the time taken to do the inductions or any other training that
may be required.
24.1 O Upon ceasing employment with the Employer, Employees with RDO Accruals
will receive 1 days Travel Allowance for every 7.2 Hours accrued.
~ WORK BREAKS
25.1 Meal Breaks
There will be a cessation of work and working time within the first 5 hours
of each day for the purpose of a meal on each day, of not less than
30 minutes, to be taken at a time that meets the needs of each particular
project. Employees will not be required to work more than 5 hours without a
rest break.
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Rostered Days Off The provisions of Clauses 24.3, 24.4 and 24.5 of the Agreement apply with the following exceptions: i. Projects will be fully operational on all scheduled RDOs days not attached to a Designated Long Weekend (which include the Easter and Christmas shutdown periods). If an Employee works on a scheduled RDO, they will take the accrued RDO as a substitute day within prior to the next scheduled RDO from the Scheduled RDO falling in the RDO calendar. 24.6 Banking Of RDO's Where the Employer and Employee agree up to six days RDOs in a twelve- month period may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs shall be entered on to each Employee's employment records. These RDOs may be taken as a group of consecutive days or any other combination subject to reasonably notice by an Employee. 24.7 Early start By agreement between the employer and employees, the working day may begin at 5.00 am. Or at any other time between that hour and 8.00 a.m. and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break. 24.8 Employees will be entitled to take five minutes immediately before lunch and 10 minutes before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. 24.9 Where an employee is required to undertake inductions, or any other site- specific online training after hours, they will be paid a minimum of 4 hours pay at the appropriate rates. If the induction is time stamped then the employee will only be paid for the time taken to do the inductions or any other training that may be required. 24.10 Upon ceasing employment with the Employer, Employees with RDO Accruals will receive 1 days Travel Allowance for every 7.2 Hours accrued. 25. WORK BREAKS 25.1 Meal Breaks There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 30 minutes, to be taken at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 36
25.2 Variation Of Meal Breaks
Where, because of the area or location of a project, the period of the meal
break may be lengthened to not more than 45 minutes with a consequential
adjustment to the daily time of cessation of work.
25.3 Daily Rest Breaks
There will be allowed, without deduction of pay, a rest period of 10 minutes
between 9.00 am and 11 00 am.
25.4 One Break Per Day
lffor any reason only One (1) break is taken per day, any time worked after
Eight (8) will be deemed as overtime and appropriate penalties rates will
apply. Applicable to Monday to Friday work only.
For Example:
Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m. Start
Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m.
25.5 Overtime Rest Breaks
(a) When an employee is required to work overtime after the usual ceasing time
for the day for two hours or more, the employee will be allowed to take
without deduction of pay, a rest break of 20 minutes in duration immediately
after such ceasing time and thereafter, after each four hours of continuous
work, the employee will be allowed to take also, without deduction of pay, a
rest break of 30 minutes in duration.
(b) In the event of an employee remaining at work after the usual ceasing time
without taking the rest break of 20 minutes and continuing at work for a
period of two hours or more, the employee will be regarded as having worked
20 minutes more than the time worked and be paid accordingly.
(c) For the purpose of this clause usual ceasing time is at the end of ordinary
hours inclusive of time worked for accrual purposes as prescribed in clause
Ordinary Hours of Work.
(d) Where an agreement is reached pursuant to clause 25.2, the agreement may
make provision for the variation of work breaks to suit the arrangement of
hours of work.
2i. PYEBJIME
26.1 Overtime Generally
All overtime will be paid at the rate of double time.
26.2 Call-Back
An employee recalled to work overtime after leaving the employer's business
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25.2 Variation Of Meal Breaks Where, because of the area or location of a project, the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 25.3 Daily Rest Breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. 25.4 One Break Per Day If for any reason only One (1) break is taken per day, any time worked after Eight (8) will be deemed as overtime and appropriate penalties rates will apply. Applicable to Monday to Friday work only. For Example: Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m. Start Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m. 25.5 Overtime Rest Breaks (a) When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, the employee will be allowed to take also, without deduction of pay, a rest break of 30 minutes in duration. (b) In the event of an employee remaining at work after the usual ceasing time without taking the rest break of 20 minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly. (c) For the purpose of this clause usual ceasing time is at the endof ordinary hours inclusive of time worked for accrual purposes as prescribed in clause Ordinary Hours of Work. (d) Where an agreement is reached pursuant to clause 25.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work. 26. OVERTIME 26.1 Overtime Generally All overtime will be paid at the rate of double time. 26.2 Call-Back An employee recalled to work overtime after leaving the employer's business Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 37
premises (whether notified before or after leaving the premises) will be paid for
a minimum of three hours work at the appropriate rates for each time the
employee is so recalled. Except in the case of unforeseen circumstances the
employee will not be required to work the full three hours if the job or jobs the
employee was recalled to perform is completed within a shorter period. When
an employee is recalled to work after leaving the employer's business premises
prior to the expiration of a ten-hour break after ordinary ceasing time and the
actual lime worked on the call out does not exceed three hours, the provisions
of this clause will not apply. In addition:
This sub-clause will not apply in cases where it is customary for an employee to
return to the employer's premises to perform a specific job outside ordinary
working hours, or where the overtime is continuous (subject to a reasonable
meal break) with the completion or commencement of ordinary working time.
26.3 Working During Meal Break
If the employer requires an employee to work through their normal meal break
the employee will be paid at the rate of double time until the employee is
allowed to take such a break. Where the meal break is shortened by
agreement, the employer will pay for the period by which the meal break is
shortened, which will then form part of ordinary time hours.
26.4 Transport After Overtime Or Holiday Work
When an employee, after having worked overtime for which the employee has
not been regularly rostered or on a prescribed holiday, finishes work at a time
when reasonable means of transport are not available the employer will pay the
cost of or provide a conveyance to their home or to the nearest public transport.
26.5 Breaks Between Working Days
An employee who works so much overtime that, between the termination of
ordinary work on one day and the commencement of ordinary work on the next
day, the employee has not had at least ten consecutive hours off duty between
those times, or on a Saturday, Sunday or Holiday without having had ten
consecutive hours off duty in the 24 hours preceding ordinary commencing time
on their next ordinary day will, subject to this subclause, be released after
completion of such overtime until the employee has had ten consecutive hours
off duty without loss of pay for ordinary working time occurring during such
absence.
i. If, on the instructions of the employer, such an employee resumes
or continues work without having had such ten consecutive hours
off duty the employee will be paid at double rates until the employee
is released from duty for such period and the employee will then be
entitled to be absent until the employee has had ten consecutive
hours off duty without loss of pay for ordinary working time
occurring during such absence.
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premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances the employee will not be required to work the full three hours if the job or jobs the employee was recalled to perform is completed within a shorter period. When an employee is recalled to work after leaving the employer's business premises prior to the expiration of a ten-hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three hours, the provisions of this clause will not apply. In addition: This sub-clause will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 26.3 Working During Meal Break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. 26.4 Transport After Overtime Or Holiday Work When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 26.5 Breaks Between Working Days An employee who works so much overtime that, between the termination of ordinary work on one day and the commencement of ordinary work on the next day, the employee has not had at least ten consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had ten consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. i. If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 38
ii. An employee who has worked continuously (except for work breaks
allowed by this Agreement) for 20 hours including holiday work will
not be required to continue at or recommence work for at least
twelve hours.
ll., WEEKEND WORK
27 .1 All lime worked on a Saturday or a Sunday will be paid for at double time of the
appropriate 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 a Sunday or will be paid for three hours on a
Saturday or a Sunday at the appropriate rate. Provided that on urgent service
work an employee will be paid in accordance with 26.1.
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 11.00am
27.4 a.m. This rest period is to be paid for as though worked.
27.5 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.
2l!. NIGHT SHIFT
Wherever it may be found necessary in the erection, alteration, renovation or
demolition of buildings to work wholly by night, or in two shifts, day and night, the
following terms and conditions will apply:
28.1 No employee who is employed during the ordinary hours will be employed on
night shift except on overtime rates or vice-versa.
28.2 Reasonable time will be allowed for a meal or meals during such shift.
28.3 In such cases where night shifts are worked and employment continues for
more than one week, employees will work five shifts per week of eight hours.
Employees on shift work will accrue 0.4 of one hour for each eight-hour shift
worked to allow one complete shift to be taken off as a paid shift for every
twenty-shift cycle. This twentieth shift entitlement will be in accordance with
Clause 24 - ordinary hours of work. This twentieth shift will be paid for at the
appropriate shift rate as prescribed by this clause and the appropriate
allowance under clause 35 -Travel Allowance.
28.4 In addition to clause 28.3, employees engaged in Sydney (as defined) will
accrue an additional 0.4 hours for each 8-hour shift worked that will accrue as
an RDO entitlement in accordance with Clause 24 - Ordinary Hours of work.
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ii. An employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least twelve hours. 27. WEEKEND WORK 27.1 All time worked on a Saturday or a Sunday will be paid for at double time of the appropriate 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 a Sunday or will be paid for three hours on a Saturday or a Sunday at the appropriate rate. Provided that on urgent service work an employee will be paid in accordance with 26.1. 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 11.00am 27.4 a.m. This rest period is to be paid for as though worked. 27.5 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 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: 28.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 28.2 Reasonable time will be allowed for a meal or meals during such shift. 28.3 In such cases where night shifts are worked and employment continues for more than one week, employees will work five shifts per week of eight hours. Employees on shift work will accrue 0.4 of one hour for each eight-hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty-shift cycle. This twentieth shift entitlement will be in accordance with Clause 24 - ordinary hours of work. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 35 -Travel Allowance. 28.4 In addition to clause 28.3, employees engaged in Sydney (as defined) will accrue an additional 0.4 hours for each 8-hour shift worked that will accrue as an RDO entitlement in accordance with Clause 24 - Ordinary Hours of work. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 39
28.5 Paid leave taken during any cycle of four weeks and public holidays as
prescribed by clause 29 - Public holidays and holiday work will be regarded as
shifts worked for accrual purposes.
28.6 Except as provided above, employees not working a complete four-week cycle
will be paid accrued pro rata entitlement for each shift worked on a programmed
shift off or, in the case of termination of employment on termination.
28.7 The employer and employee will agree in writing upon arrangements for
rostered paid days off during the twenty shift cycle or for accumulation of
accrued days to be taken at or before the end of the particular contract,
provided that such accumulation will be limited to no more than five such
accrued days before they are taken as paid days off, and when taken those
days will be regarded as days worked for accrual purposes in the particular
twenty shift cycle.
28.8 Once such days have been rostered they will be taken as paid days off provided
that where the employer for emergency reasons requires an employee to work
on a rostered day off, the employee will be paid in addition to their accrued
entitlement, penalty rates prescribed in 26.1 (a).
28.9 An employee employed for less than five continuous shifts in any working week
will be paid in accordance with clause 26 - Overtime, and clause 27 - Weekend
Work. In cases where the employee has been employed on night shift for more
than one week continuously then in such cases if the job finishes during the
currency of the week's work the employer will be at liberty to terminate the
engagement and will pay to such employee the rate fixed for night shift work for
the time actually worked. In cases where less than a full week is worked, due to
the action of the employee, the rate payable for the actual time worked will be
ordinary night shift rates.
28.10 The rate of pay for night shift will be time and one half (150%).
28.11 The starting and finishing hours for night shift work will be agreed upon mutually
between the employer and a majority of affected employees. The provisions
relating to clause 24 -Ordinary Hours of work and Clause 50 - Annual Leave
apply to employees working shift work provided that the starting time for
ordinary night shift hours will not be before 3.00pm.
28.12 When an employee, after having worked overtime for which the employee has
not been regularly rostered or on a prescribed holiday, finishes work at a time
when reasonable means of transport are not available the employer will pay the
cost of or provide a conveyance to their home or to the nearest public transport.
29. PRESENTING FOR WORK BUT NOT REQUIRED
An employee, if engaged and presenting for work to commence employment and
not being required will be entitled to at least eight hours' work or payment therefore
at ordinary rates, plus the appropriate allowance prescribed by Clause 35- Travel
Allowance. This clause will not apply if the services of an employee are not required
by reason of inclement weather in which case the provisions of Clause 30 -
Inclement Weather, will apply.
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28.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 29 - Public holidays and holiday work will be regarded as shifts worked for accrual purposes. 28.6 Except as provided above, employees not working a complete four-week cycle will be paid accrued pro rata entitlement for each shift worked on a programmed shift off or, in the case of termination of employment on termination. 28.7 The employer and employee will agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days to be taken at or before the end of the particular contract, provided that such accumulation will be limited to no more than five such accrued days before they are taken as paid days off, and when taken those days will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 28.8 Once such days have been rostered they will be taken as paid days off provided that where the employer for emergency reasons requires an employee to work on a rostered day off, the employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 26.1(a). 28.9 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 26 - Overtime, and clause 27 - Weekend Work. In cases where the employee has been employed on night shift for more than one week continuously then in such cases if the job finishes during the currency of the week's work the employer will be at liberty to terminate the engagement and will pay to such employee the rate fixed for night shift work for the time actually worked. In cases where less than a full week is worked, due to the action of the employee, the rate payable for the actual time worked will be ordinary night shift rates. 28.10 The rate of pay for night shift will be time and one half (150%). 28.11 The starting and finishing hours for night shift work will be agreed upon mutually between the employer and a majority of affected employees. The provisions relating to clause 24 -Ordinary Hours of work and Clause 50 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. 28.12 When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 29. PRESENTING FOR WORK BUT NOT REQUIRED An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours' work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by Clause 35- Travel Allowance. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of Clause 30 - Inclement Weather, will apply. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 40
lQ. INCLEMENT WEATHER
30.1 Inclement weather will mean the existence of abnormal climatic conditions such
as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme of high
temperature of 35 degrees or the like (or any combination of these) during
which it is either not reasonable or not safe for employees exposed thereto to
continue working.
30.2 Process to be followed:
• Employees or their representative may request to meet with the employer or
their representative for the purposes of determining whether or not
conditions are inclement. Such meeting shall occur within 30 minutes of the
scheduled starting time or the weather becoming inclement.
• Employees are required to remain on the site until this meeting has occurred
and a decision has been made; and
• If the employer refuses to meet within this time, employees will be entitled to
cease work for the rest of the day and be paid in accordance with this
clause.
30.3 Once the meeting has occurred, the following shall apply:
Transfers
30.4 Employees may be transferred to an area or site not affected by inclement
weather if useful work that is within the scope of the employees' skill,
competence and training consistent with the classification structure of this
agreement is available at that site.
30.5 Where an employee is required to transfer from one site to another, they will be
reimbursed the cost of transport at the rate of $0. 7 4 per kilometer.
Remaining on Site
30.6 Where, because of inclement weather, the employees are prevented from
working and have been sitting in the sheds for:
• more than an accumulated total of 4 hours of ordinary time in any 1 day; or
• more than 50 percent of the normal afternoon work time after the meal
break; or
• more than 50 percent of the normal afternoon work time after the meal
break; or
• more than an accumulated total of one hour during the final 2 hours of the
normal workday; or
• the reason that they are unable to access the amenities.
30. 7 Employees will be entitled to cease work and leave the site for the day and shall
be paid in accordance with this clause.
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30. INCLEMENT WEATHER 30.1 Inclement weather will mean the existence of abnormal climatic conditions such as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme of high temperature of 35 degrees or the like (or any combination of these) during which it is either not reasonable or not safe for employees exposed thereto to continue working. 30.2 Process to be followed: . Employees or their representative may request to meet with the employer or their representative for the purposes of determining whether or not conditions are inclement. Such meeting shall occur within 30 minutes of the scheduled starting time or the weather becoming inclement. Employees are required to remain on the site until this meeting has occurred and a decision has been made; and If the employer refuses to meet within this time, employees will be entitled to cease work for the rest of the day and be paid in accordance with this clause. 30.3 Once the meeting has occurred, the following shall apply: Transfers 30.4 Employees may be transferred to an area or site not affected by inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site. 30.5 Where an employee is required to transfer from one site to another, they will be reimbursed the cost of transport at the rate of $0.74 per kilometer. Remaining on Site 30.6 Where, because of inclement weather, the employees are prevented from working and have been sitting in the sheds for: more than an accumulated total of 4 hours of ordinary time in any 1 day; or . . more than 50 percent of the normal afternoon work time after the meal break; or more than 50 percent of the normal afternoon work time after the meal break; or more than an accumulated total of one hour during the final 2 hours of the normal workday; or the reason that they are unable to access the amenities. 30.7 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 41
Rain at Starting Time or During Breaks
30.8 When the employees are in the sheds, be ii at starting time, break time or lunch
time, and it is raining, they are to remain in the sheds.
30.9 Employees may be required to go to work in a dry area or be transferred to
another site that is not affected by the inclement weather provided:
• a covered walkway and or adequate protection for the employee and their
tools has been provided.
• the sheds are under cover and the employees can get to the dry area
without going through the rain; and
• employees have access to all amenities.
Employees Required to Work in Inclement Weather
30.1 0 The employer may only request an employee to work in inclement weather in
the event of an emergency or issue affecting health and safety on site.
Employees are only obliged to perform such work as is essential to overcome
the emergency and to restore an acceptable service and/or to secure or make
safe as circumstances require. Employees engaged on such work will be paid
at the appropriate rate.
30.11 Where the employer requires an employee to work in inclement weather, the
employee will be reimbursed in full the cost of appropriate protective clothing,
except where the employer provides such protective clothing.
30.12 If the employee's clothing becomes wet as a result of working in wet weather
and they do not have a change of dry work clothes, they will be entitled, at the
completion of the work, to cease work for the day without loss of pay.
Entitlement to Payments
30.13 Should employees be sent home or not required to attend work due to
inclement weather they shall be entitled to payment by their employer for
ordinary time lost for up to, but not more than 32 hours in every period of 4
weeks.
30.14 The following conditions will apply:
• The first period will commence on the first Monday on or after the 1 January
each year, and subsequent periods will commence at four weekly periods
thereafter.
• The employee will be credited with 32 hours at the commencement of each
four-weekly period. Hours will not accumulate or be carried over.
• When an employee commences employment during a four-weekly period,
they will be credited eight hours for each week, or part of a week, that they
are employed during the four-weekly period; and
• The number of hours credited to an employee will be reduced by the
number of hours for which payment is made.
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Rain at Starting Time or During Breaks 30.8 When the employees are in the sheds, be it at starting time, break time or lunch time, and it is raining, they are to remain in the sheds. 30.9 Employees may be required to go to work in a dry area or be transferred to another site that is not affected by the inclement weather provided: a covered walkway and or adequate protection for the employee and their tools has been provided. the sheds are under cover and the employees can get to the dry area without going through the rain; and employees have access to all amenities. Employees Required to Work in Inclement Weather 30.10 The employer may only request an employee to work in inclement weather in the event of an emergency or issue affecting health and safety on site. Employees are only obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make safe as circumstances require. Employees engaged on such work will be paid at the appropriate rate. 30.11 Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing. 30.12 If the employee's clothing becomes wet as a result of working in wet weather and they do not have a change of dry work clothes, they will be entitled, at the completion of the work, to cease work for the day without loss of pay. Entitlement to Payments 30.13 Should employees be sent home or not required to attend work due to inclement weather they shall be entitled to payment by their employer for ordinary time lost for up to, but not more than 32 hours in every period of 4 weeks. 30.14 The following conditions will apply: The first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter. The employee will be credited with 32 hours at the commencement of each four-weekly period. Hours will not accumulate or be carried over. When an employee commences employment during a four-weekly period, they will be credited eight hours for each week, or part of a week, that they are employed during the four-weekly period; and The number of hours credited to an employee will be reduced by the number of hours for which payment is made. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 42
30.15 Payment under this clause will be weekly.
ll. JURY SERVICE MAKE-UP PAY
An employee required to attend for jury service will be entitled to have their pay made
up by the employer to an amount equal to their ordinary pay for eight hours (inclusive
of accrued entitlements prescribed by clause 23 - Ordinary Hours of work per day plus
Travel Allowance. The employee will give the employer proof of such attendance and
the amount received in respect of such jury service.
The employee must notify the Employer as soon as practicable of the date upon which
their attendance is required and must provide the Employer with proof of attendance,
the duration of such attendance, and the amount received in respect thereof.
~ PROTECTIVE CLOTHING
UPON COMENCEMENT Employees will be issued with Two Shirts. Within 152 Hours
worked, all new employees will receive the following Protective Clothing:
(a) Two (2) Long Sleeve or Short Sleeve Shirts
(b) Two (2) Pairs of Trousers or Shorts or Overalls
(c) One (1) Pair Boots to the value of up to $125.00
(d) One (1) Jacket
32.1 Protective Clothing shall be replaced on a fair wear and tear basis.
32.2 The protective clothing detailed above shall be divided into two issues and
distributed to employees as a summer and winter issue.
32.3 Where an employee is required to wear protective clothing other than that
provided for above and/or use protective equipment as stipulated by an
applicable law, the employer must reimburse the employee for the cost of such
protective clothing and/or equipment. This will not apply where the clothing
and/or equipment is paid for by the employer.
32.4 The clothing detailed above can be varied following agreement between the
employer and the consultative committee.
32.5 For Employees working Underground on road Infrastructure, the employer will
supply each Employee with a Versa Flo Mask or equivalent with consultation
with all parties to this agreement.
a COMPENSATION FOR TOOLS AND CLOTHING
33.1 An employee whose clothes, spectacles, hearing aid, or tools have been
accidentally spoilt by acid, sulphur or other substances will be paid such
amount to cover the loss as may be agreed upon with their employer.
33.2 An employee will be reimbursed by the employer to a maximum of $1500 for
loss of tools or clothing by fire or breaking and entering whilst securely stored at
the employer's direction in a room or building on the employer's premises, job or
workshop or if the tools are lost or stolen while being transported by the
Direct Metal Roofing (NSW) Ply Lid & CEPU Plumbing Division - NSW Branch Roofing &
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30.15 Payment under this clause will be weekly. 31. JURY SERVICE MAKE-UP PAY An employee required to attend for jury service will be entitled to have their pay made up by the employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary Hours of work per day plus Travel Allowance. The employee will give the employer proof of such attendance and the amount received in respect of such jury service. The employee must notify the Employer as soon as practicable of the date upon which their attendance is required and must provide the Employer with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 32. PROTECTIVE CLOTHING UPON COMENCEMENT Employees will be issued with Two Shirts. Within 152 Hours worked, all new employees will receive the following Protective Clothing: (a) Two (2) Long Sleeve or Short Sleeve Shirts (b) Two (2) Pairs of Trousers or Shorts or Overalls (c) One (1) Pair Boots to the value of up to $125.00 (d) One (1) Jacket 32.1 Protective Clothing shall be replaced on a fair wear and tear basis. 32.2 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 32.3 Where an employee is required to wear protective clothing other than that provided for above and/or use protective equipment as stipulated by an applicable law, the employer must reimburse the employee for the cost of such protective clothing and/or equipment. This will not apply where the clothing and/or equipment is paid for by the employer. 32.4 The clothing detailed above can be varied following agreement between the employer and the consultative committee. 32.5 For Employees working Underground on road Infrastructure, the employer will supply each Employee with a Versa Flo Mask or equivalent with consultation with all parties to this agreement. 33. COMPENSATION FOR TOOLS AND CLOTHING 33.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss as may be agreed upon with their employer. 33.2 An employee will be reimbursed by the employer to a maximum of $1500 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or if the tools are lost or stolen while being transported by the Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 43
employee at the employers' direction, or if the tools are accidentally lost over
water or if tools are lost or stolen during an employee's absence after leaving
the job because of injury or illness. An employee transporting their own tools will
take all reasonable care to protect those tools and prevent theft or loss.
33.3 Where an employee is absent from work because of illness or accident and has
advised the employer in accordance with clause 45 - Personal leave, the
employer will ensure that the employee's tools are securely stored during
his/her absence. In the event that these tools are lost or stolen, clause 33.2
applies
33.4 When the employer requires an employee to wear spectacles with toughened
glass lenses the employer will pay for the toughening process or the cost of the
new lenses.
33.5 For the purposes of this clause:
(a) Only tools used by the employee in the course of their employment will be
covered by this clause. In that regard a list of tools appropriate for this
purpose is contained in APPENDIX 3 - TOOLS AND EQUIPMENT
SCHEDULE.
(b) The employee will, if requested to do so, furnish the employer with a list of
tools so used.
(c) Reimbursement will be at the current replacement value of new tools of
the same or comparable quality.
(d) The employee will report any theft to the Employer and the police prior to
making a claim on the employer for replacement of stolen tools.
34. TOP-UP WORKERS COMPENSATION/ 24 HOUR ACCIDENT AND SICKNESS
INSURANCE
The Employer recognises the importance of providing income security for employees
and their families in the event of unforeseen circumstances occurring. In this regard
the Employer will, as part of this Agreement take out a Top Up, 24 hr. accident and
sickness insurance with Windsor Management Insurance Brokers Pty Ltd for all
employees other than casuals. This policy will contain provisions that allow approved
benefits to be paid within 14 days resulting from an accident or sickness, and within
30 days resulting from an amateur sporting injury. The maximum cost to the Employer
will not exceed $26.00 perweek.
PART 7 ALLOWANCES
36. TRAVEL ALLOWANCE
35.1 Employees will be entitled to a travel allowance in accordance with this clause
to compensate for travel patterns and costs peculiar to the industry which
include mobility/construction and related industries.
35.2 Travel allowance will be in accordance with the charts contained at Appendix's.
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employee at the employers' direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 33.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 45 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 33.2 applies 33.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 33.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained in APPENDIX 3 - TOOLS AND EQUIPMENT SCHEDULE (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. (c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the Employer and the police prior to making a claim on the employer for replacement of stolen tools. 34. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Employer will, as part of this Agreement take out a Top Up, 24 hr. accident and sickness insurance with Windsor Management Insurance Brokers Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the Employer will not exceed $26.00 per week. PART 7 ALLOWANCES 35. TRAVEL ALLOWANCE 35.1 Employees will be entitled to a travel allowance in accordance with this clause to compensate for travel patterns and costs peculiar to the industry which include mobility/construction and related industries. 35.2 Travel allowance will be in accordance with the charts contained at Appendix's. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 44
35.3 An employee will be paid travel on RDOs.
(a) The travelling allowances are daily allowances where the employee is
required to:
i. start or finish work at a job site
ii. start or finish work at the usual times; and
iii. uses his/her own vehicle or uses public transport
35.4 Transfer Between Job Sites During Working Hours
(a) Employees transferred from one job site to another during ordinary
working hours must be paid their ordinary rate of pay for the time
occupied in travelling, and unless transported by the employer, will be
reimbursed the reasonable cost of fares by the most convenient public
transport between such job sites.
(b) Where the employer requests an employee to use their own vehicle to
affect such a transfer, and the employee agrees to do so the employee
will be paid an allowance at the rate of $0.74 per kilometre.
35.5 Standard Travelling Time Allowance
The standard travelling time component is an amount based on travel within the
boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to
the South West, and Waterfall to the South.
35.6 Mileage Allowance For Travel Beyond Defined Radius
(a) An employee entitled to the additional travelling time allowance beyond the
defined radius under clause 35.5 and who uses their own vehicle for such
travel is to be paid an amount equivalent to $0. 7 4 per kilometre as
reimbursement for the additional fuel costs incurred covering the combined
distance from the defined radius to the job site and return to the defined
radius.
(b) An employee who lives close to the boundaries of the defined radius and who
is requested to travel beyond the defined radius can reach mutual agreement
between the employer and employee for the excess travel allowance not to
be paid on fair and reasonable grounds that the employee is not travelling
further than what would be considered a normal day's travel to a job site
within the defined radius.
li. SITE ALLOWANCE
Site allowance will be paid for all hours worked in Sydney, ACT, Central Coast &
Wollongong and all other areas. This Includes Workshop Pre- Fabrication, Apprentices
attending Vocational Training, Employees Attending Training courses and any Training
attended by the employee as per the Appendix 1 and 2,
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35.3 An employee will be paid travel on RDOs. (a) The travelling allowances are daily allowances where the employee is required to: i. start or finish work at a job site ii. start or finish work at the usual times; and iii. uses his/her own vehicle or uses public transport 35.4 Transfer Between Job Sites During Working Hours (a) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. (b) Where the employer requests an employee to use their own vehicle to affect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 35.5 Standard Travelling Time Allowance The standard travelling time component is an amount based on travel within the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. 35.6 Mileage Allowance For Travel Beyond Defined Radius (a) An employee entitled to the additional travelling time allowance beyond the defined radius under clause 35.5 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius. (b) An employee who lives close to the boundaries of the defined radius and who is requested to travel beyond the defined radius can reach mutual agreement between the employer and employee for the excess travel allowance not to be paid on fair and reasonable grounds that the employee is not travelling further than what would be considered a normal day's travel to a job site within the defined radius. 36. SITE ALLOWANCE Site allowance will be paid for all hours worked in Sydney, ACT, Central Coast & Wollongong and all other areas. This Includes Workshop Pre- Fabrication, Apprentices attending Vocational Training, Employees Attending Training courses and any Training attended by the employee as per the Appendix 1 and 2, Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 45
lZ. MATRIX - PROJECTS IN EXCESS OF 1 BILLION
For projects with a value in excess of $1 billion, Employees will receive an additional
site allowance of 15 cents for every $100 million or part thereof. This is an additional
allowance on top of any other applicable allowances.
38. MEALS WHEN WORKING OVERTIME
An employee required to work overtime for at least 1.5 hours after working ordinary
hours will be paid by their employer an amount in the table below to meet the cost of
a meal, plus an additional meal allowance for each subsequent four hours worked.
The employer may provide a meal or meals instead of paying any such allowance.
Current Rate $12.47
1•1July 2024 $15.00
1 s1 July 2025 $20.00
1 st July 2026 $20.00
1 st July 2027 $20.00
ll. LEAPING HAND ALLOWANCE
1-10 employees= $7.00 per day. 10 +employees= $11.00 per day.
~ HOTWORK
(a) An employee who works in a place where the temperature has been raised
by artificial means to between 46 and 54 degrees Celsius will be paid an
additional $1 or part thereof; with an additional $1 or part thereof, where the
temperature exceeds 54 degrees Celsius.
(b) Where such work continues for more than two hours, the employee will be
entitled to 20 minutes' rest after every two hours work without loss of pay, not
including the special rate provided for in clause 40(a).
i1. COLP WORK
(a) An employee who works in a place where the temperature is lowered by
artificial means to less than 0 degrees Celsius will be paid an additional
$0.54 per hour.
(b) Where such work continues for more than two hours, the employee will be
entitled to 20 minutes' rest after every two hours work without loss of pay, not
including the special rate provided for in clause 41 (a).
~ LIVING AWAY FROM HOME- DISTANT WORK
42.1 Qualification
An employee will be entitled to the provisions of this clause when employed on a
job or construction work at such a distance from their usual place of residence
that the employee cannot reasonably return to that place each night.
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37. MATRIX - PROJECTS IN EXCESS OF 1 BILLION For projects with a value in excess of $1 billion, Employees will receive an additional site allowance of 15 cents for every $100 million or part thereof. This is an additional allowance on top of any other applicable allowances. 38. MEALS WHEN WORKING OVERTIME An employee required to work overtime for at least 1.5 hours after working ordinary hours will be paid by their employer an amount in the table below to meet the cost of a meal, plus an additional meal allowance for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. Current Rate $12.47 1st July 2024 $15.00 1st July 2025 $20.00 1st July 2026 $20.00 1 st July 2027 $20.00 39 LEADING HAND ALLOWANCE 1-10 employees = $7.00 per day. 10 + employees = $11.00 per day. 40. HOT WORK (a) An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius will be paid an additional $1 or part thereof; with an additional $1 or part thereof, where the temperature exceeds 54 degrees Celsius. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 40(a). 41. COLD WORK (a) An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius will be paid an additional $0.54 per hour. (b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 41(a). 42. LIVING AWAY FROM HOME - DISTANT WORK 42.1 Qualification An employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the employee cannot reasonably return to that place each night. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 46
42.2 Employee's Address:
At the time of engagement, the employee will provide, on the employer's
request, details of their usual place of residence, being:
(a) The address of the place of residence at the time of application; and
(b) The address of a separately maintained residence, if applicable.
(c) The employer will not exercise undue influence, for the purpose of
avoiding its obligations under this Agreement, to persuade the employee
to give a false address. No subsequent change of address will entitle an
employee to the provisions of this clause unless the employer agrees.
42.3 Entitlement
Where an employee qualifies under 42.1 the employer will either:
(a) Provide the employee with reasonable board and lodging to a standard of no
less than 3-star accommodation, with two meals daily, being breakfast and
dinner, and an out-of-pocket allowance of $50.00 per day, or
(b) Pay an accommodation allowance of $150.00 per day, and an out-of- pocket
allowance of $50.00 per day, but such allowances will not be counted as
wages. The foregoing accommodation allowance will be increased if the
employee can satisfy the employer that the employee reasonably incurred a
greater outlay than that prescribed in clause 42.3 (a).
42.4 Travelling Expenses
An employee who is sent by the employer or selected or engaged by an
employer or agent of the employer to go to a job which qualifies them to the
provision of this clause will not be entitled to any of the allowances prescribed by
clause 35 - Travel Allowance, for the period occupied in travelling from their
usual place of residence to the distant job, but in lieu thereof will be paid:
Forward Journey
(a) For the time spent in so travelling, at ordinary rates up to a maximum of
eight hours per day for each day of travel (to be calculated as the time
taken by rail or the usual travelling facilities).
(b) For the amount of a fare on the most common method of public transport to
the job (bus; air; rail with sleeping berths if necessary), and any excess
payment due to transporting their tools if such is incurred.
(c) For any meals incurred while travelling at $10.97 per meal. The employer
may deduct the cost of the forward journey fare from an employee who
terminates or discontinues their employment within two weeks of
commencing on the job and who does not forthwith return to their place of
engagement.
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42.2 Employee's Address: At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) The employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees. 42.3 Entitlement Where an employee qualifies under 42.1 the employer will either: (a) Provide the employee with reasonable board and lodging to a standard of no less than 3-star accommodation, with two meals daily, being breakfast and dinner, and an out-of-pocket allowance of $50.00 per day, or (b) Pay an accommodation allowance of $150.00 per day, and an out-of- pocket allowance of $50.00 per day, but such allowances will not be counted as wages. The foregoing accommodation allowance will be increased if the employee can satisfy the employer that the employee reasonably incurred a greater outlay than that prescribed in clause 42.3 (a). 42.4 Travelling Expenses An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 35 - Travel Allowance, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: Forward Journey (a) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). (b) For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. (c) For any meals incurred while travelling at $10.97 per meal. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 47
Return Journey
(a) An employee will, for the return journey, receive the same time, fares, and
meal payments as provided in 42.4(a) above, together with an amount of
$17 .24 to cover the cost of transport from the main public transport terminal
to their usual place of residence.
(b) The above return journey payments will not be paid if the employee
terminates or discontinues their employment within two months of
commencing on the job, or if the employee is dismissed for whatever reason
within one working week of commencing on the job or is dismissed for
misconduct.
(c) Departure point- for the purposes of this clause, travelling time will be
calculated as the time taken for the journey from the central or regional rail,
bus or air terminal nearest the employee's usual place of residence to the
locality of the work.
42.5 Daily Travel Allowance
An employee engaged on a job which qualifies them to the provisions of this
clause and who are required to reside elsewhere than on the site (or adjacent to
the site and supplied with transport) will be paid the travel allowance prescribed
by clause 35 - Travel.
42.6 Weekend Return Home
An employee who works as required during the ordinary hours of work on the
working day before and the working day after a weekend and who notifies the
employer or their representative, no later than Tuesday of each week, of an
intention to return to their usual place of residence at the weekend and who
does return for the weekend, will be paid an allowance of $28.00 for each
occasion.
42.7 Construction Camps
Camp and Caravan Accommodation
Where an employee is engaged on the construction of projects which are
located in areas where reasonable board and lodging is not available or where
the size of the workforce is in excess of the available accommodation or where
continuous concrete pour requirements of the project or the working of shifts
necessitate camp accommodation and where, because of these circumstances,
it is necessary to house the employees in a camp or caravan accommodation
the employer must reimburse all costs associated with the employee arranging
and providing such camp or caravan accommodation.
This clause will not apply where the employer provides appropriate camp or
caravan accommodation.
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Return Journey (a) An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 42.4(a) above, together with an amount of $17.24 to cover the cost of transport from the main public transport terminal to their usual place of residence. (b) The above return journey payments will not be paid if the employee terminates or discontinues their employment within two months of commencing on the job, or if the employee is dismissed for whatever reason within one working week of commencing on the job or is dismissed for misconduct. (c) Departure point- for the purposes of this clause, travelling time will be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work. 42.5 Daily Travel Allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 35 - Travel. 42.6 Weekend Return Home An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or their representative, no later than Tuesday of each week, of an intention to return to their usual place of residence at the weekend and who does return for the weekend, will be paid an allowance of $28.00 for each occasion. 42.7 Construction Camps Camp and Caravan Accommodation Where an employee is engaged on the construction of projects which are located in areas where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp or caravan accommodation the employer must reimburse all costs associated with the employee arranging and providing such camp or caravan accommodation. This clause will not apply where the employer provides appropriate camp or caravan accommodation. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 48
Camping Allowance
An employee living in a construction camp or caravan accommodation where
free messing is not provided will receive a camping allowance of
$144.16 for every complete week the employee is available for work. If required
to be in camp for less than a complete week the employee will be paid $20.67
per day including any Saturday or Sunday if the employee is in camp and
available for work on the working day immediately preceding and succeeding
each Saturday or Sunday. If an employee is absent without the employer's
approval on any day, the allowance will not be payable for that day and if such
unauthorised absence occurs on the working day immediately preceding or
succeeding a Saturday or Sunday, the allowance will not be payable for the
Saturday or Sunday.
Camp Meal Charges
Where a charge is made for meals in a construction camp, such charge will be
fixed by agreement between the parties.
42.8 Rest and Recreation
(a) Rail or Road Travel
(i) An employee who proceeds to a job which qualifies for the provisions of this
subclause, may, after two months' continuous service and thereafter at three
monthly periods of continuous service return to their usual place of
residence at the weekend. If the employee does so, the employee will be
paid the amount of a bus or return railway fare to the bus or railway station
nearest their usual place of residence on the pay day which immediately
follows the date on which the employee returns to the job; provided no delay
not agreed to by the employer takes place in connection with the employee's
commencement of work on the morning of the working day following the
weekend. Provided, however, that if the work upon which the employee is
engaged will terminate in the ordinary course within a further twenty-eight
days after expiration of any such period of two or three months, the
provisions of this subclause will not be applicable.
(ii) The entitlement under 42.8.(i) will be availed of as soon as reasonably
practical after it becomes due and will lapse after a period of two months
provided that the employee has been notified in writing by the employer in
the week prior to such entitlement becoming due, of the date of entitlement
and that such entitlement will lapse if not taken before the appropriate date
two months later. (Proof of such written notice will lie with the employer).
{b) Variable Return Home
In special circumstances, and by agreement with the employer, the return to the
usual place of residence entitlements may be granted earlier or taken later than
the prescribed date of accrual without alteration to the employee's accrual
entitlements.
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Camping Allowance An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $144.16 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.67 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer's approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. Camp Meal Charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 42.8 Rest and Recreation (a) Rail or Road Travel An employee who proceeds to a job which qualifies for the provisions of this subclause, may, after two months' continuous service and thereafter at three monthly periods of continuous service return to their usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (ii) The entitlement under 42.8.(i) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due, of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the employer). (b) Variable Return Home In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual- entitlements. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 49
(c) No Payment for Unused Fares
Payment of fares and leave without pay as provided for in this subclause will not
be made unless availed of by the employee.
(d) Flexible Rostered Day off
If the employer and employee so agree in writing, the paid rostered day off as
prescribed in clause 24 - Ordinary Hours of work, may be taken, and paid for, in
conjunction with and additional to rest and recreation leave as prescribed in
42.8, or at the end of the project, or on termination whichever comes first.
42.9 Termination
An employee will be entitled to notice of termination in sufficient time to arrange
suitable transport at termination or will be paid as if employed up to the end of
the ordinary working day before transport is available.
il. AGREEMENT AWARENESS COURSE
All Parties covered by this Agreement are all stakeholders in the Plumbing and
Construction Industry.
A stable working environment and harmonious relations are required to improve the
relationship between the Employer, the Employee's.
All stakeholders benefit from industrial harmony which leads to increase productivity.
Accordingly, all employees covered by this Agreement will be encouraged to
undertake an Agreement Awareness course (AAC) before 1 July each year
commencing as of 2027. The training will be facilitated by one of the agreed training
providers listed below.
For the purposes of this clause the agreed training providers that are as follows:
iii. CEPUTEC;
iv. Plumbing And Pipe Trades Employees Union NSW Branch; and
V. PICAC Training.
• The aim of the training is to ensure that the Employees covered by this
Agreement have an understanding of the following provisions of this agreement:
i. Key Objectives.
ii. Scope & Application.
iii. Commitments.
The AAC may be delivered on line or face to face. The method of delivery of the AAC
will be determined by the relevant training provider.
Each Employee who successfully completes the AAC must be issued with a statement
of attainment on successful completion of the AAC. The statement of attainment will
be valid for a period of twelve (12) months only, Between the 1 st June and 31 s1 July the
following year.
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(c) No Payment for Unused Fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. (d) Flexible Rostered Day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 24 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 42.8, or at the end of the project, or on termination whichever comes first. 42.9 Termination An employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or will be paid as if employed up to the end of the ordinary working day before transport is available. 43. AGREEMENT AWARENESS COURSE All Parties covered by this Agreement are all stakeholders in the Plumbing and Construction Industry. A stable working environment and harmonious relations are required to improve the relationship between the Employer, the Employee's. All stakeholders benefit from industrial harmony which leads to increase productivity. Accordingly, all employees covered by this Agreement will be encouraged to undertake an Agreement Awareness course (AAC) before 1 July each year commencing as of 2027. The training will be facilitated by one of the agreed training providers listed below. For the purposes of this clause the agreed training providers that are as follows: iii. CEPUTEC; iv. Plumbing And Pipe Trades Employees Union NSW Branch; and V. PICAC Training. The aim of the training is to ensure that the Employees covered by this Agreement have an understanding of the following provisions of this agreement: i. Key Objectives. ii. Scope & Application. iii. Commitments. The AAC may be delivered online or face to face. The method of delivery of the AAC will be determined by the relevant training provider. Each Employee who successfully completes the AAC must be issued with a statement of attainment on successful completion of the AAC. The statement of attainment will be valid for a period of twelve (12) months only, Between the 1st June and 31st July the following year. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 50
From 1 st July 2027, an Allowance will only be payable to those employees who have
successfully completed the AA course and submitted to the Employer a copy of the
statement of attainment. this statement of attainment s valid only for the period 1 st of
June until the 31 s1 July of the following year.
There will be no retrospective payments of the allowance listed below.
The cost of the course and time to undertake the course will be the responsibility of the
Employee.
The AAC Productivity Allowance from the, From the 1st of July 2027 the Productivity
Allowance will be $4 for all hours worked.
PART 8 LEAVE AND PUBLIC HOLIDAYS
~ PUBLIC HOLIDAYS AND HOLIDAY WORK
An employee will be entitled to the following holidays without deduction of pay:
New Years' Day Anzac Day
Australia Day King's Birthday
Good Friday Labour Day
Easter Christmas Day
Saturdav
Easter Monday Boxing Day
Further, an employee will be entitled to any State Act or State declared substitute days
or additional days as observed in the particular state or locality. Where the business is
situated near a state or territory border and the employer's operations traverse the
border, the employer may elect to follow a particular state or territory's public holidays,
subject to agreement with the affected employees.
In addition to the above-mentioned holidays the following public holiday will apply in
the City of Newcastle - Show Day. This public holiday will be observed on the local
Show Day as gazetted for the City of Newcastle when that day, in the locality of the
employer's premises, occurs on an employee's ordinary working day.
44.1 When Public Holidays Fall On A Weekend
(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be
observed on 27 December.
(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed
on 28 December.
(c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in
lieu will be observed on the following Monday.
(d) By agreement between an employer and the majority of employees' other
days may be substituted for the days prescribed in Clause 46.
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From 1st July 2027, an Allowance will only be payable to those employees who have successfully completed the AA course and submitted to the Employer a copy of the statement of attainment. this statement of attainment s valid only for the period 1st of June until the 31st July of the following year. There will be no retrospective payments of the allowance listed below. The cost of the course and time to undertake the course will be the responsibility of the Employee. The AAC Productivity Allowance from the, From the 1st of July 2027 the Productivity Allowance will be $4 for all hours worked. PART 8 LEAVE AND PUBLIC HOLIDAYS 44. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay: New Years' Day Anzac Day Australia Day King's Birthday Good Friday Labour Day Easter Christmas Day Saturday Easter Monday Boxing Day Further, an employee will be entitled to any State Act or State declared substitute days or additional days as observed in the particular state or locality. Where the business is situated near a state or territory border and the employer's operations traverse the border, the employer may elect to follow a particular state or territory's public holidays, subject to agreement with the affected employees. In addition to the above-mentioned holidays the following public holiday will apply in the City of Newcastle - Show Day. This public holiday will be observed on the local Show Day as gazetted for the City of Newcastle when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day. 44.1 When Public Holidays Fall On A Weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. (d) By agreement between an employer and the majority of employees' other days may be substituted for the days prescribed in Clause 46. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 51
44.2 Termination
(a) If the employer terminates the employment of an employee (except for
reasons of misconduct or incompetency) the employer will pay the employee
a day's ordinary wages for each holiday or each holiday in a group which falls
within ten consecutive calendar days after the day of termination.
(b) Where any two or more of the holidays prescribed in this clause occur within
a seven-day span, such holiday will be a group of holidays. If the first day of
the group of holidays falls within ten consecutive calendar days after
termination, the whole group will be deemed to fall within the ten consecutive
calendar days. Christmas Day, Boxing Day and New Year's Day will be
regarded as a group.
(c) No employee will be entitled to receive payment from more than one
employer in respect to the same public holiday or groups of holidays.
44.3 Payment For Working On A Public Holiday
An employee who works on any of the public holidays or substitute days
prescribed in this clause will be paid at the rate of double time and a half for all
time worked. An employee required to perform any work on a public holiday will
be afforded at least four hours' work or paid for four hours at the appropriate
rate.
~ PERSONAL LEAVE
45.1 The provisions of personal leave under this agreement shall be in accordance
with the National Employment Standards (NES).
Paid personal leave will be available to an employee when they are absent due
to:
(i) personal illness or injury (sick leave); or
(ii) providing care or support to a member of the employee's immediate family
or a member of the employee's household who requires care or support
because of:
• a personal illness or injury, or
• an unexpected emergency affecting the employee (carer's leave).
45.2 The amount of personal leave to which an employee is entitled is as follows:
(a) One day in the first month and then one additional day at the beginning of
each of the next nine calendar months, will be available in the first year of
employment, and
(b) Ten days at the beginning of the employee's second and each subsequent year
which, subject to 45.5 will commence on the anniversary of engagement.
(c) An employee's personal leave entitlement is the current year's personal leave
plus any accumulated personal leave available to the employee.
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44.2 Termination (a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven-day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 44.3 Payment For Working On A Public Holiday An employee who works on any of the public holidays or substitute days prescribed in this clause will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours' work or paid for four hours at the appropriate rate. 45. PERSONAL LEAVE 45.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). Paid personal leave will be available to an employee when they are absent due to: (i) personal illness or injury (sick leave); or (ii) providing care or support to a member of the employee's immediate family or a member of the employee's household who requires care or support because of: . a personal illness or injury, or an unexpected emergency affecting the employee (carer's leave). 45.2 The amount of personal leave to which an employee is entitled is as follows: (a) One day in the first month and then one additional day at the beginning of each of the next nine calendar months, will be available in the first year of employment, and (b) Ten days at the beginning of the employee's second and each subsequent year which, subject to 45.5 will commence on the anniversary of engagement. (c) An employee's personal leave entitlement is the current year's personal leave plus any accumulated personal leave available to the employee. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 52
45.3 In any year unused personal leave accumulates at the rate of the lesser of:
(a) Ten days less the number of sick leave and carer's leave days taken from the
current year's personal leave entitlements.
(b) The balance of that year's unused personal leave.
45.4 Personal leave accumulates from year to year.
45.5 If an employee is terminated by the employer and is re-engaged within a period
of six months, then the employee's unclaimed balance of personal leave will
continue from the date of re-engagement.
45.6 In such a case the employee's next year of service will commence after a total of
twelve months has been served with the employer (excluding the period of
interruption in service) since either:
a) The employee was first engaged, or
b) The anniversary of their original engagement as appropriate.
45.7 Immediately Family or Household
(a) The entitlement to use personal leave for the purpose of carer's or
bereavement leave is subject to the person in respect of whom the leave is
being taken being either:
(i) a member of the employee's immediate family; or
(ii) a member of the employee's household
(b) The term immediate family includes:
(i) spouse (including a former spouse, a de facto spouse and a former de
facto spouse) of the employee. A de facto spouse means a person of
the same or opposite sex to the employee who lives with the employee
as husband or wife on a bona fide domestic basis; and
(ii) child or an adult child (including an adopted child, a stepchild or an ex
nuptial child), parent, grandparent, grandchild or sibling of the employee
or spouse of the employee.
il. CARER'S LEAVE
The provision of carer's leave under this agreement shall be in accordance with the
National Employment Standards (NES).
47. COMPASSIONATE LEAVE
The provision of Compassionate leave under this agreement shall be in accordance
with the National Employment Standards (NES).
48. PARENTALLEAVE
The provision of parental leave under this agreement shall be in accordance with the
National Employment Standards (NES).
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45.3 In any year unused personal leave accumulates at the rate of the lesser of: (a) Ten days less the number of sick leave and carer's leave days taken from the current year's personal leave entitlements. (b) The balance of that year's unused personal leave. 45.4 Personal leave accumulates from year to year. 45.5 If an employee is terminated by the employer and is re-engaged within a period of six months, then the employee's unclaimed balance of personal leave will continue from the date of re-engagement. 45.6 In such a case the employee's next year of service will commence after a total of twelve months has been served with the employer (excluding the period of interruption in service) since either: a) The employee was first engaged, or b) The anniversary of their original engagement as appropriate. 45.7 Immediately Family or Household (a) The entitlement to use personal leave for the purpose of carer's or bereavement leave is subject to the person in respect of whom the leave is being taken being either: (i) a member of the employee's immediate family; or (ii) a member of the employee's household (b) The term immediate family includes: (i) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the same or opposite sex to the employee who lives with the employee as husband or wife on a bona fide domestic basis; and (ii) child or an adult child (including an adopted child, a stepchild or an ex- nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 46, CARER'S LEAVE The provision of carer's leave under this agreement shall be in accordance with the National Employment Standards (NES). 47. COMPASSIONATE LEAVE The provision of Compassionate leave under this agreement shall be in accordance with the National Employment Standards (NES). 48. PARENTAL LEAVE The provision of parental leave under this agreement shall be in accordance with the National Employment Standards (NES). Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 53
il. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
The provision of Family and Domestic Violence Leave under this agreement shall be in
accordance with the National Employment Standards (NES) .
.eQ.. ANNUAL LEAVE
50.1 The provision of annual leave under this agreement shall be in accordance with
the National Employment Standards (NES).
50.2 Method Of Taking Leave
(a) Either 28 consecutive days, or two separate periods of not less than seven
consecutive days in all cases exclusive of any public holidays will be given
and taken within six months from the date when the right to annual leave
accrued. The employer and employee will seek to reach agreement on the
taking of annual leave at a mutually convenient time(s). If not taken within six
months from the date ii accrued, either the employer or employee may give
at least four weeks' notice of the dates when all or part of the accrued leave
will be taken.
(b) Where an employee requests that leave be allowed in one continuous period
such request will not be unreasonably refused.
(c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in
accordance with s.87(1 )(b)(ii) of the Fair Work Act 2009 (Cth)
(d) In the circumstances where a public holiday falls within one day of a
weekend or another public holiday the provisions of 51.2(a) may be altered
by agreement between the employer and a majority of employees affected
under this Agreement to provide that a day of annual leave entitlement may
be granted on the day between the said public holidays and/or weekend if an
employee, or employer, requests it.
50.3 Leave Allowed Before Due Date
(a) An employer may allow an employee to take any amount of annual leave
before it becomes due. In such circumstances an employee cannot take
further leave in advance of their accrued balance until after the date the
employee becomes entitled to the leave that was taken in advance.
(b) Where an employer has allowed an employee to take annual leave pursuant
to 50.2 (a) and the employee's services are terminated (for any reason) prior
to the date the employee becomes entitled to the leave that was taken in
advance, the employer may, for each complete week of the qualifying period
of service not served by the employee, deduct from whatever remuneration is
payable upon the termination of employment one-fifty second of the amount
of wages paid on account of annual leave.
50.4 Payment For Annual Leave On Termination
(a) Rate of pay:
Where an employee leaves or their employment is terminated, the employee
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49. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE The provision of Family and Domestic Violence Leave under this agreement shall be in accordance with the National Employment Standards (NES). 50. ANNUAL LEAVE 50.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 50.2 Method Of Taking Leave (a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays will be given and taken within six months from the date when the right to annual leave accrued. The employer and employee will seek to reach agreement on the taking of annual leave at a mutually convenient time(s). If not taken within six months from the date it accrued, either the employer or employee may give at least four weeks' notice of the dates when all or part of the accrued leave will be taken. (b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) (d) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of 51.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it. 50.3 Leave Allowed Before Due Date (a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot take further leave in advance of their accrued balance until after the date the employee becomes entitled to the leave that was taken in advance. (b) Where an employer has allowed an employee to take annual leave pursuant to 50.2 (a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one-fifty second of the amount of wages paid on account of annual leave. 50.4 Payment For Annual Leave On Termination (a) Rate of pay: Where an employee leaves or their employment is terminated, the employee Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 54
will be paid their accrued balance of annual leave.
(b) Annual leave loading:
In addition, the employee will receive a loading of 17.5% calculated on the
rates, prescribed by Appendix's Rates of Pay.
50.5 Payment For Periods Of Leave
(a) Payment in advance
An employee, before going on annual leave, will be paid in advance at their
current weekly wage rate (including leading hand allowance, if applicable)
for the period of annual leave.
(b) Annual leave loading
In addition, during a period of annual leave an employee will receive a
loading of 17.5 percent calculated on the hourly rate in the Appendix.
50.6 Annual Close Down
Despite anything contained in this agreement an employer giving any leave in
conjunction with the Christmas - New Year holidays may either:
(i) Stand off without pay during the period of leave any employee who has not
yet qualified under 50.1, or
(ii) Where the employer decides to close down an establishment at the
Christmas - New Year period for the purpose of giving the whole of the
annual leave due to all, or the majority of employees qualified for such
leave, the employer will give notice by the 1 st December to employees of
their intention so to do.
50.7 Commencement Of Leave - Distant Jobs
If an employee is still engaged on a distant job when annual leave is granted
and the employee returns to the place of engagement, or, if employed prior to
going to the distant job, the place regarded as their headquarters, by the first
reasonable means of transport, their annual leave will commence on the first full
working day following their return to such place of engagement or headquarters
as the case may be.
§1. FAMILY PICNIC DAY
All employees covered by this Agreement will be entitled to Family Picnic Day
without loss of pay on the first Monday in December of each year. An employee
required to work on picnic day will be paid at the rate of double time and a half
and paid for not less than four hours' work. Proof of attendance at the Picnic
Day will be required by the employer to entitle the employee for payment for the
Family Picnic Day.
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will be paid their accrued balance of annual leave. (b) Annual leave loading: In addition, the employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix's Rates of Pay. 50.5 Payment For Periods Of Leave (a) Payment in advance An employee, before going on annual leave, will be paid in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave. (b) Annual leave loading In addition, during a period of annual leave an employee will receive a loading of 17.5 percent calculated on the hourly rate in the Appendix. 50.6 Annual Close Down Despite anything contained in this agreement an employer giving any leave in conjunction with the Christmas - New Year holidays may either: (i) Stand off without pay during the period of leave any employee who has not yet qualified under 50.1, or (ii) Where the employer decides to close down an establishment at the Christmas - New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of employees qualified for such leave, the employer will give notice by the 1st December to employees of their intention so to do. 50.7 Commencement Of Leave - Distant Jobs If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or, if employed prior to going to the distant job, the place regarded as their headquarters, by the first reasonable means of transport, their annual leave will commence on the first full working day following their return to such place of engagement or headquarters as the case may be. 51. FAMILY PICNIC DAY All employees covered by this Agreement will be entitled to Family Picnic Day without loss of pay on the first Monday in December of each year. An employee required to work on picnic day will be paid at the rate of double time and a half and paid for not less than four hours' work. Proof of attendance at the Picnic Day will be required by the employer to entitle the employee for payment for the Family Picnic Day. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 55
PART 9 POLICIES
~ HEAT POLICY
The parties recognise the risk to worker health caused by exposure to high
temperatures in the work environment. To reduce the potential for heat related illness,
the parties agree to the following heat policy.
Workers should be alerted to possible extreme or excess heat conditions by the
Employer, HSR and/or the WHS Committee before commencing work or as soon as
practicable after work commences.
Once the temperature reaches 35 degrees, there will be an orderly cessation of work
and preparations for safe completion of critical tasks currently under way.
During periods of hot weather, if there are areas of the workplace that are below 35°,
work shall continue as normal. Workers will walk a reasonable distance through the
open to and from amenities, provided it does not pose a serious threat to their health
or safety.
52.1 Monitoring Of Temperature
Readings shall be taken from the nearest Bureau of Meteorology (BOM)
weather station.
52.2 Humidity
Humidity creates a significant risk to workers' health and safety. Consultation
with workers must take place when humidity exceeds 75% to assess all risks
associated with the work being performed. Things taken into account shall
include:
• Monitoring and improving air flow/ventilation.
• The health/medical conditions of individual workers.
• Rescheduling work so that tasks are performed in cooler, less humid
parts of the day.
• Job rotation to reduce the amount of direct exposure to humidity.
• Provision of temporary shade and electric fans.
• Scheduled hourly drink breaks of approximately 5-1 O minutes in shade.
• Provision of cool drinking water.
• Provision of extra and regular work breaks in cooler areas (i.e.Air
conditioned site sheds);
• Use of mechanical aids to reduce physical exertion; and
• Adequate supervision.
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PART 9 POLICIES 52. HEAT POLICY The parties recognise the risk to worker health caused by exposure to high temperatures in the work environment. To reduce the potential for heat related illness, the parties agree to the following heat policy. Workers should be alerted to possible extreme or excess heat conditions by the Employer, HSR and/or the WHS Committee before commencing work or as soon as practicable after work commences. Once the temperature reaches 35 degrees, there will be an orderly cessation of work and preparations for safe completion of critical tasks currently under way. During periods of hot weather, if there are areas of the workplace that are below 35º, work shall continue as normal. Workers will walk a reasonable distance through the open to and from amenities, provided it does not pose a serious threat to their health or safety. 52.1 Monitoring Of Temperature Readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 52.2 Humidity Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks associated with the work being performed. Things taken into account shall include: Monitoring and improving air flow/ventilation. .. . The health/medical conditions of individual workers. Rescheduling work so that tasks are performed in cooler, less humid parts of the day. Job rotation to reduce the amount of direct exposure to humidity. . Provision of temporary shade and electric fans. . Scheduled hourly drink breaks of approximately 5-10 minutes in shade. . Provision of cool drinking water. . Provision of extra and regular work breaks in cooler areas (i.e.Air- conditioned site sheds); Use of mechanical aids to reduce physical exertion; and Adequate supervision. . Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 56
52.3 Guide To Heat Stress Symptoms
Heat illness covers a range of medical conditions that can arise when the body
is unable to properly cope with working in heat. These conditions include:
• Heat stroke - a life threatening condition that requires immediate first
aid and medical attention.
• Fainting.
• Heat exhaustion I fatigue.
• Heat cramps.
• Rashes (also called prickly heat); and
• Magnifying of pre-existing illnesses and conditions.
Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or
weak. Clumsiness collapse and convulsions may also be experienced as a
result of heat illness. Workers with these signs or symptoms need to seek
immediate medical attention.
52.4 Control Measures
The following control measures shall be employed on site to prevent the effects
of Heat Stress:
• Workers shall have easy access to cool, clean drinking water.
• Caffeinated drinks should be avoided as they promote dehydration.
• Physical activity/tasks reduced where possible.
• Rotation of workers.
• Work in cooler parts of the day.
• Utilise Shaded areas.
• Reduction of PPE, where permissible.
• Wear light clothing under coveralls.
• Individuals should seek medical advice on the effect of medication
being taken and communicate with the Employer and/or the HSR if they
believe necessary.
• In addition, rest breaks as needed by an individual. Individuals should
not be discouraged from taking needed rest breaks.
• It is expected mandated breaks of "smoko" and lunch be adhered to;
and Training.
52.5 Incident Response/ First Aid
Employees experiencing symptoms of heat stress must report to the first aid
shed and receive medical attention. If unable to walk to the shed, normal first
aid procedures will apply.
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52.3 Guide To Heat Stress Symptoms Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: . Heat stroke - a life threatening condition that requires immediate first aid and medical attention. Fainting. . Heat exhaustion I fatigue. Heat cramps. Rashes (also called prickly heat); and Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 52.4 Control Measures The following control measures shall be employed on site to prevent the effects of Heat Stress: Workers shall have easy access to cool, clean drinking water. Caffeinated drinks should be avoided as they promote dehydration. . Physical activity/tasks reduced where possible. . Rotation of workers. Work in cooler parts of the day. Utilise Shaded areas. Reduction of PPE, where permissible. Wear light clothing under coveralls. . Individuals should seek medical advice on the effect of medication being taken and communicate with the Employer and/or the HSR if they believe necessary. In addition, rest breaks as needed by an individual. Individuals should not be discouraged from taking needed rest breaks. It is expected mandated breaks of "smoko" and lunch be adhered to; and Training. 52.5 Incident Response / First Aid Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 57
52.6 Incident Reporting
All heat related incidents are to be reported to the Employer and the PCBU.
After any reported heat related incident, the Employer shall immediately advise
the HSR, site WHS Committee and the PCBU.
The Employer must advise the HSR, site WHS Committee and PCBU of any lost
time injuries, discomfort or related complaints and absenteeism related to heat.
52.7 Training
All workers will be trained in mitigating and recognising heat stress illness
symptoms, in themselves and others.
First Aiders need to be specifically trained in responding to heat related
incidences.
Training shall be provided by a suitably qualified organisation.
52.8 Sun Safe Tips
In addition to the effects of heat, skin cancers are a major concern for workers in the
industry. The Employer shall supply the following for the use of the employees and
train them on good sun safe practices:
(a) Employees are provided with and wear a broad brim hard hat attachment
including neck flap.
(b) Employees are provided with and wear light coloured.long-sleeved collared
shirts with a minimum UPF of 50+.
(c) Employees are provided with and wear long trousers or shorts that go to the
knee.
(d) The Employer must ensure clothing is lightweight, comfortable, well
ventilated and does not restrict movement.
(e) Employees are provided sunglasses that meet Australian Standards and are
safe for driving.
(f) Employees are provided with a broad-spectrum sunscreen witha minimum
SPF of 30+ and lip balm.
(g) Employees are provided with portable shade where possible and are
advised to work in natural shade where possible.
(h) New employees at any site shall be informed, trained and supervised in sun
safe techniques.
(i) Ail building workers should have their skin checked regularly by a doctor,
regardless of age; and
U) Employees are encouraged to monitor their skin and look out for new or
unusual spots, a sore that won't heal, or a spot or mole that has changed
size, shape or colour.
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52.6 Incident Reporting All heat related incidents are to be reported to the Employer and the PCBU. After any reported heat related incident, the Employer shall immediately advise the HSR, site WHS Committee and the PCBU. The Employer must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. 52.7 Training All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 52.8 Sun Safe Tips In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The Employer shall supply the following for the use of the employees and train them on good sun safe practices: (a) Employees are provided with and wear a broad brim hard hat attachment including neck flap. (b) Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+. (c) Employees are provided with and wear long trousers or shorts that go to the knee. (d) The Employer must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement. (e) Employees are provided sunglasses that meet Australian Standards and are safe for driving. (f) Employees are provided with a broad-spectrum sunscreen witha minimum SPF of 30+ and lip balm. (g) Employees are provided with portable shade where possible and are advised to work in natural shade where possible. (h) New employees at any site shall be informed, trained and supervised in sun safe techniques. (i) All building workers should have their skin checked regularly by a doctor, regardless of age; and () Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 58
a DRUG AND ALCOHOL eoucy
The drug and alcohol policy contained below shall apply.
• Employees shall be trained and inducted in any drug and alcohol policies
that apply to them. Failure to do so shall mean that such policy cannot be
used against them.
• Notwithstanding the above, the following Drug and Alcohol principles shall
apply:
• Where practicable, self-testing shall be available for both drugs and
alcohol.
• Drug testing may be undertaken by oral fluid testing. The equipment used
to perform the test shall be used, tested and calibrated to the
manufacturer's instructions and certified to AS 4 760 (Processes for
specimen collection and the detection and quantitation of drug in oral
fluid). In the event drug testing utilises other than oral fluid testing, the type
of test must be one that establishes that that the employee has recently
used (within 48 hours) drugs and is impaired in relation to the performance
of their role.
• Alcohol testing may only be done by use of an Accredited Breath Test
device. The device must be calibrated and meet the minimum
requirements of AS 3547.
• Drug and Alcohol testing shall not be used to unfairly target employees.
53.1 Preamble
All parties in the industry are committed to the provision of safe and healthy
workplaces. The attainment of this objective can be undermined by the
hazardous use of alcohol and other drugs by some individuals on occasions.
There are many factors which determine alcohol and other drug usage patterns.
Some relate to personal and social matters. Others may relate to work culture
and conditions.
Research has highlighted that industry has a high level of alcohol use. This may
affect Work Health and Safety.
This policy aims to facilitate the implementation of practical ways in which
workers themselves can address the alcohol and other drug issues which affect
them, their families and co-workers. II provides guidelines which may be
adapted to meet the specific conditions of different workplaces.
53.2 Principles
Safety is paramount:
• Prevention of Safety and Health problems is the primary goal of alcohol
and drug policy formulation.
• Policy implementation and program management is best founded on
consultation and collaboration between employees and management.
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53. DRUG AND ALCOHOL POLICY The drug and alcohol policy contained below shall apply. Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. Notwithstanding the above, the following Drug and Alcohol principles shall apply: . Where practicable, self-testing shall be available for both drugs and alcohol. Drug testing may be undertaken by oral fluid testing. The equipment used . to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS 3547. Drug and Alcohol testing shall not be used to unfairly target employees. 53.1 Preamble All parties in the industry are committed to the provision of safe and healthy workplaces. The attainment of this objective can be undermined by the hazardous use of alcohol and other drugs by some individuals on occasions. There are many factors which determine alcohol and other drug usage patterns. Some relate to personal and social matters. Others may relate to work culture and conditions. Research has highlighted that industry has a high level of alcohol use. This may affect Work Health and Safety. This policy aims to facilitate the implementation of practical ways in which workers themselves can address the alcohol and other drug issues which affect them, their families and co-workers. It provides guidelines which may be adapted to meet the specific conditions of different workplaces. 53.2 Principles Safety is paramount: Prevention of Safety and Health problems is the primary goal of alcohol and drug policy formulation. Policy implementation and program management is best founded on consultation and collaboration between employees and management. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 59
• Employees with alcohol and I or other drug problems will be provided with
appropriate assistance, support and access to intervention program
without jeopardising their employment.
53.3 Objectives
• To establish a program run by and for workers, which enables alcohol and
other drug issues to be addressed at the workplace.
• To expand awareness of alcohol and other drug use as a Work Health and
Safety issue.
• To enable industry factors likely to influence alcohol and other drug use
(e.g. extended working hours, peer group pressure) to be recognised and
addressed.
• To provide a basis for health promotion in the industry.
• To enable a consistent approach to alcohol and other drug issues across
the industry in New South Wales.
• To set out collaborative procedures for dealing with alcohol and drug
issues on building and other sites.
• To provide a structure to assist workers to get any help they need for
alcohol and I or other drug problems, confidentially and without
jeopardising their employment.
• To enable the development of a network of people, resources and
programs managed by and sensitive to the needs of workers with alcohol
and drug problems.
53.4 Goals
• To have this alcohol and other drugs policy adopted for implementation in
workplaces by meetings of employees.
• To increase knowledge amongst workers about health and safety risks
associated with alcohol and another drug use.
• To maintain optimum safety on site and to reduce the harmful impact of
alcohol and other drug use.
• To provide education about the safe use of alcohol and other drugs.
• To train and resource health and safety representatives and other relevant
personnel (where appropriate) to assist co-workers who are affected by
alcohol and/or other drugs.
53.5 Policy Implementation and Management
• Properly constituted Work Health and Safety (WH&S) Committees or,
where there is no WH&S Committee, Site Safety Supervisors/ Safety
Officers in conjunction with worker representatives, are the appropriate
bodies to implement and administer alcohol and drug policy/ programs.
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Employees with alcohol and / or other drug problems will be provided with appropriate assistance, support and access to intervention program without jeopardising their employment. 53.3 Objectives . To establish a program run by and for workers, which enables alcohol and other drug issues to be addressed at the workplace. To expand awareness of alcohol and other drug use as a Work Health and . Safety issue. To enable industry factors likely to influence alcohol and other drug use . (e.g. extended working hours, peer group pressure) to be recognised and addressed. To provide a basis for health promotion in the industry. . To enable a consistent approach to alcohol and other drug issues across the industry in New South Wales. To set out collaborative procedures for dealing with alcohol and drug issues on building and other sites. To provide a structure to assist workers to get any help they need for alcohol and / or other drug problems, confidentially and without jeopardising their employment. To enable the development of a network of people, resources and programs managed by and sensitive to the needs of workers with alcohol and drug problems. 53.4 Goals . To have this alcohol and other drugs policy adopted for implementation in workplaces by meetings of employees. To increase knowledge amongst workers about health and safety risks . associated with alcohol and another drug use. To maintain optimum safety on site and to reduce the harmful impact of alcohol and other drug use. To provide education about the safe use of alcohol and other drugs. . . To train and resource health and safety representatives and other relevant personnel (where appropriate) to assist co-workers who are affected by alcohol and/or other drugs. 53.5 Policy Implementation and Management Properly constituted Work Health and Safety (WH&S) Committees or, where there is no WH&S Committee, Site Safety Supervisors / Safety Officers in conjunction with worker representatives, are the appropriate bodies to implement and administer alcohol and drug policy / programs. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 60
• For the objectives of this policy to be achieved, the full cooperation of the
Employer and Employees is required.
53.6 Application of Policy
The policy is to apply to all Employees and staff without distinction.
53.7 Persons Affected by Alcohol and/or Other Drugs
• A person who is under the influence of alcohol and/or any other drug will
not be allowed to work on site whilst he/she is incapable of performing
safe work practices.
• Any person who believes another person is a risk to his/her own or
another's safety should advise a Health and Safety representative (HSR)
in confidence. The HSR shall take appropriate action, based on his/her
assessment of the situation.
• If the matter remains unresolved, the WH&S Committee and management
in consultation with the person concerned and the person's representative
will decide whether that person is capable of performing safe work
practices.
• Disciplinary action may be taken by management following consultation
with the WH&S Committee and the person's representative.
• If disciplinary action is to be taken, one verbal warning, one written
warning shall apply.
• The WH&S Committee will, as a matter of course, follow up to ensure that
the person is aware of the policy and resources available to people with
alcohol and/or other drug problems, or other problems which may underlie
them.
• (Where "WH&S Committee" is referred to hereafter, read "body nominated
to implement policy on site").
53.8 Rehabilitation / Counselling
• If a person is undertaking rehabilitation or counselling, he/she is entitled to
sick leave, negotiated leave without pay and other benefits provided for by
the Agreement.
• An affected person will not be disadvantaged as a result of undertaking
rehabilitation or counselling.
• The Employer will liaise with the person's representative to enable
appropriate assistance and support to be made available to him/her during
and on completion of rehabilitation (with his/her permission).
• Confidentiality is to be maintained in all matters relating to the
rehabilitation and counselling, employment arrangements etc. of
individuals.
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For the objectives of this policy to be achieved, the full cooperation of the Employer and Employees is required. 53.6 Application of Policy The policy is to apply to all Employees and staff without distinction. 53.7 Persons Affected by Alcohol and/or Other Drugs . A person who is under the influence of alcohol and/or any other drug will not be allowed to work on site whilst he/she is incapable of performing safe work practices. Any person who believes another person is a risk to his/her own or another's safety should advise a Health and Safety representative (HSR) in confidence. The HSR shall take appropriate action, based on his/her assessment of the situation. If the matter remains unresolved, the WH&S Committee and management in consultation with the person concerned and the person's representative will decide whether that person is capable of performing safe work practices. Disciplinary action may be taken by management following consultation with the WH&S Committee and the person's representative. If disciplinary action is to be taken, one verbal warning, one written warning shall apply. The WH&S Committee will, as a matter of course, follow up to ensure that the person is aware of the policy and resources available to people with alcohol and/or other drug problems, or other problems which may underlie them. (Where "WH&S Committee" is referred to hereafter, read "body nominated to implement policy on site"). 53.8 Rehabilitation / Counselling If a person is undertaking rehabilitation or counselling, he/she is entitled to sick leave, negotiated leave without pay and other benefits provided for by the Agreement. An affected person will not be disadvantaged as a result of undertaking rehabilitation or counselling. The Employer will liaise with the person's representative to enable appropriate assistance and support to be made available to him/her during and on completion of rehabilitation (with his/her permission). Confidentiality is to be maintained in all matters relating to the rehabilitation and counselling, employment arrangements etc. of individuals. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 61
53.9 Employees At-Risk Through Medication Use
• Employees who are taking medication which might affect their ability to
undertake any kind of work safely, should advise an HSR or the First Aid
Officer, who will act immediately to eliminate the risks.
• No employee will be disadvantaged by his/her actions in this matter.
53.10 Education and Prevention
• The policy will be discussed and put forward for adoption on site at a
meeting of all workers.
• II is the on-going responsibility of Unions and the Employer to ensure that
all Employees continue to be aware of the policy and program. The WH&S
Committee will assist in this process.
• All relevant information shall be available on site and displayed as
appropriate.
• From time to time the WH&S Committee, in consultation with
management, may initiate relevant health and safety promotional activities
in relation to alcohol and other drug use issues.
53.11 Provision of Alcohol at Social Events
Where social functions are held they will be located in a hazard-free area where
responsible serving of alcoholic beverages will apply. This includes provision of
non-alcoholic and low-alcoholic beverages.
53.12 Role of Work Health and Safety Committee on Site
• To encourage knowledge of policy and program by all workers on site.
• To ensure information about the policy and program is displayed.
• To ensure information relevant to alcohol and other drugs is circulated
amongst workers.
• To initiate and coordinate relevant health promotional activities to relation
to alcohol and other drugs, in consultation with management.
• To provide information and referral options to workers as requested.
• To be available for informal discussion with and follow-up of site
employees when appropriate.
• To undertake intervention and follow-up of affected persons.
• To be available for discussion in regard to disciplinary action taken as a
result of a person being under the influence of alcohol and/or any other
drugs on site.
• To follow-up persons undertaking rehabilitation to ensure that appropriate
resources and support are made available when requested.
• To encourage a peer support network on site.
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53.9 Employees At-Risk Through Medication Use . Employees who are taking medication which might affect their ability to undertake any kind of work safely, should advise an HSR or the First Aid Officer, who will act immediately to eliminate the risks. . No employee will be disadvantaged by his/her actions in this matter. 53.10 Education and Prevention . The policy will be discussed and put forward for adoption on site at a meeting of all workers. It is the on-going responsibility of Unions and the Employer to ensure that all Employees continue to be aware of the policy and program. The WH&S Committee will assist in this process All relevant information shall be available on site and displayed as appropriate. From time to time the WH&S Committee, in consultation with management, may initiate relevant health and safety promotional activities in relation to alcohol and other drug use issues. 53.11 Provision of Alcohol at Social Events Where social functions are held they will be located in a hazard-free area where responsible serving of alcoholic beverages will apply. This includes provision of non-alcoholic and low-alcoholic beverages. 53.12 Role of Work Health and Safety Committee on Site To encourage knowledge of policy and program by all workers on site. . . . To ensure information about the policy and program is displayed. To ensure information relevant to alcohol and other drugs is circulated amongst workers. To initiate and coordinate relevant health promotional activities to relation to alcohol and other drugs, in consultation with management. To provide information and referral options to workers as requested. .. To be available for informal discussion with and follow-up of site employees when appropriate. To undertake intervention and follow-up of affected persons. . . To be available for discussion in regard to disciplinary action taken as a result of a person being under the influence of alcohol and/or any other drugs on site. To follow-up persons undertaking rehabilitation to ensure that appropriate resources and support are made available when requested. To encourage a peer support network on site. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 62
PART 10 MISCELLANEOUS
64. ASBESTOS AWARENESS TRAINING
The Employer agrees to schedule an agreed asbestos awareness training course.
• Training will be undertaken within six months of the commencement of this
Agreement for each current Employee who has not already participated in
the training; and
• within three months of a new Employee commencing employment.
• The course and provider of the training will be agreed with the
Consultative Committee.
li.. STRUCTURED VOCATIONAL TRAINING
55.1 The parties to this Agreement recognise that the apprenticeship system of
structured vocational training that operates within the Plumbing, Mechanical
Services and Medical Gas Industry has been integral to the efficiency and
productivity of that industry.
55.2 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: -
• Working co-operatively in facilitating the transition from the existing
apprenticeship arrangements to the Australian Vocational Training system,
which leads directly to an outcome of Cert 3 ; and
• Ensuring that the trade skills required for the Plumbing, Roof Plumbing,
Mechanical Services and Medical Gas industry will continue to be
delivered through system of structured vocational training system based
on sequential training through an apprenticeship (or equivalent contracts of
training) to an outcome of at least Plumbing Tradesperson
55.3 To facilitate ongoing structured vocational training the Employer will pay an
organisation approved by the CEPU PLUMBING DIVISION NSW BRANCH:
(a) From 1 July 2024 - $12per week per employee including apprentices
covered by this agreement.
(b) From 1 July 2025 - $18 per week per employee including apprentices
covered by this agreement.
(c) From 1 July 2026 - $24 per week per employee including apprentices
covered by this agreement.
(d) From 1 July 2027 - $30 per week peremployee including apprentices
covered by this agreement.
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PART 10 MISCELLANEOUS 54. ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and within three months of a new Employee commencing employment. . The course and provider of the training will be agreed with the Consultative Committee. 55. STRUCTURED VOCATIONAL TRAINING 55.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the Plumbing, Mechanical Services and Medical Gas Industry has been integral to the efficiency and productivity of that industry. 55.2 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: - . Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of Cert 3 ; and Ensuring that the trade skills required for the Plumbing, Roof Plumbing, Mechanical Services and Medical Gas industry will continue to be delivered through system of structured vocational training system based on sequential training through an apprenticeship (or equivalent contracts of training) to an outcome of at least Plumbing Tradesperson 55.3 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the CEPU PLUMBING DIVISION NSW BRANCH: (a) From 1 July 2024 - $12per week per employee including apprentices covered by this agreement. (b) From 1 July 2025 - $18 per week per employee including apprentices covered by this agreement. (c) From 1 July 2026 - $24 per week per employee including apprentices covered by this agreement. (d) From 1 July 2027 - $30 per week per employee including apprentices covered by this agreement. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 63
§.§. BUILDING LEVY
The parties of the agreement agree that the trade skills required for the Plumbing,
Drainage, Gas-fitting, Roof Plumbing, Mechanical Services, Medical Gas and
Hydrogen industry will continue to be delivered through system of structured
vocational Training Centres that requires Infrastructure and Capital Investment for the
Industry which the parties are stakeholders. To facilitate ongoing Infrastructure and
Capital Investment required to meet the needs for the Vocational Training Centres the
Employer will pay an organisation approved by the CEPU Plumbing Division NSW
Branch:
(a) From 1 July 2024 - $0 per week per employee including apprentices
covered by this agreement.
(b) From 1 July 2025 - $15 per week per employee including apprentices
covered by this agreement.
(c) From 1 July 2026 - $20 per week per employee including apprentices
covered by this agreement.
(d) From 1 July 2027 - $30 per week per employee including apprentices
covered by this agreement.
67. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE
The Employer agrees to an annual audit of the Employer's compliance with this
Agreement, by approved auditor Stannards Accountants and Advisors Pty Ltd
(Stannards ). In the event Stannards is unable to conduct the audit, the parties shall
meet and agree on an alternative auditor, who is appropriately qualified to assess the
Employer's compliance with this Agreement and relevant industrial obligations. Any
alternative auditor agreed by the parties to conduct the audit must hold a practicing
certificate from the Institute of Chartered Accountants or a registered CPA.
The Employer will provide a copy of the annual audit report to the Union within five (5)
business days of receipt, and by no later than 30 September of each year. All
information provided in the annual audit report must be provided in a manner
consistent with the Privacy Act 1988.
The Employer will undergo an initial audit within 3 months of the signing of this
Agreement.
Where a compliant is made, outside the annual audit, regarding a suspected breach of
pay entitlements and remuneration due to employees covered by this Agreement, it is
agreed that a further audit can be requested by the Union to ensure ongoing
compliance with this Agreement.
All costs associated of each audit are payable by the Employer.
Where evidence exists of continuing non-compliance, or significant breaches by the
Employer, the Union may arrange an additional independent audit report detailing all
entitlements be provided by Stannards, at the 'Employer's expense.
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56. BUILDING LEVY The parties of the agreement agree that the trade skills required for the Plumbing, Drainage, Gas-fitting, Roof Plumbing, Mechanical Services, Medical Gas and Hydrogen industry will continue to be delivered through system of structured vocational Training Centres that requires Infrastructure and Capital Investment for the Industry which the parties are stakeholders. To facilitate ongoing Infrastructure and Capital Investment required to meet the needs for the Vocational Training Centres the Employer will pay an organisation approved by the CEPU Plumbing Division NSW Branch: (a) From 1 July 2024 - $0 per week per employee including apprentices covered by this agreement. (b) From 1 July 2025 - $15 per week per employee including apprentices covered by this agreement. (c) From 1 July 2026 - $20 per week per employee including apprentices covered by this agreement. (d) From 1 July 2027 - $30 per week per employee including apprentices covered by this agreement. 57. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE The Employer agrees to an annual audit of the Employer's compliance with this Agreement, by approved auditor Stannards Accountants and Advisors Pty Ltd (Stannards). In the event Stannards is unable to conduct the audit, the parties shall meet and agree on an alternative auditor, who is appropriately qualified to assess the Employer's compliance with this Agreement and relevant industrial obligations. Any alternative auditor agreed by the parties to conduct the audit must hold a practicing certificate from the Institute of Chartered Accountants or a registered CPA. The Employer will provide a copy of the annual audit report to the Union within five (5) business days of receipt, and by no later than 30 September of each year. All information provided in the annual audit report must be provided in a manner consistent with the Privacy Act 1988. The Employer will undergo an initial audit within 3 months of the signing of this Agreement. Where a compliant is made, outside the annual audit, regarding a suspected breach of pay entitlements and remuneration due to employees covered by this Agreement, it is agreed that a further audit can be requested by the Union to ensure ongoing compliance with this Agreement. All costs associated of each audit are payable by the Employer. Where evidence exists of continuing non-compliance, or significant breaches by the Employer, the Union may arrange an additional independent audit report detailing all entitlements be provided by Stannards, at the 'Employer's expense. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 64
If the Employer is identified paying 'all-in' rates it will pay and back pay the 'all-in' rate
being paid to all Employees on that site plus all conditions of this Agreement for job
duration. An "all-in" rate means a payment in lieu of one or more entitlements and
Levies of this Agreement.
Any audit which reveals non-compliance or outstanding employee entitlements, the
Employer agrees that it will immediately rectify the non- compliance or outstanding
employee entitlements and provide the Union with evidence of rectification and/or
payment of outstanding entitlements, within 14 days. The Employer will incur a penalty
for each non-compliance at double (x2) the penalty unit amount prescribed by the
ATO, for tax obligation infringements. Payment of penalties pursuant to this clause are
to be paid directly to the effected employee(s).
Failure to comply with the requirements of this clause, may result in the in the Union
lodging a dispute with the FWC in accordance with the dispute resolution clause 12
Disputes and Resolution Procedure contained in this Agreement. Provided that
nothing in this clause prevents a party from applying to a court for orders in relation to
contraventions of civil remedy or penalty provisions
2l!.. $EYERABlblIY
It is the intention of those covered by this Agreement that the Agreement contains
only permitted matters under the FFW Act.
The severance of any term of this Agreement that is, in whole, or in part, of no effect
by virtue of the operation of s 253 of the FW Act shall not be taken to affect the binding
force and effect of the remainder of the Agreement.
To the extent itis possible, all terms should be interpreted in a manner that would make
them permitted matters.
69. TRADE UNION RIGHTS AND REPRESENTATION
Clauses 59.1 of this Agreement outlines the rights for Union Delegates when assisting
Employees. For clarity, each Employee has the right to determine whether they wish
to be represented or not.
Such representatives (or individual Employees) are entitled to the protections of
Division 4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful
industrial activities.
59.1 Union Delegate Rights
Where an Employee has been elected as a Union Delegate, the Employer will
recognise the following rights:
• the right to be treated fairly and to perform their role without any
discrimination in their employment.
• For the Union Delegate to represent an Employee where requested in
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
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If the Employer is identified paying 'all-in' rates it will pay and back pay the 'all-in' rate being paid to all Employees on that site plus all conditions of this Agreement for job duration. An "all-in" rate means a payment in lieu of one or more entitlements and Levies of this Agreement. Any audit which reveals non-compliance or outstanding employee entitlements, the Employer agrees that it will immediately rectify the non- compliance or outstanding employee entitlements and provide the Union with evidence of rectification and/or payment of outstanding entitlements, within 14 days. The Employer will incur a penalty for each non-compliance at double (x2) the penalty unit amount prescribed by the ATO, for tax obligation infringements. Payment of penalties pursuant to this clause are to be paid directly to the effected employee(s). Failure to comply with the requirements of this clause, may result in the in the Union lodging a dispute with the FWC in accordance with the dispute resolution clause 12 Disputes and Resolution Procedure contained in this Agreement. Provided that nothing in this clause prevents a party from applying to a court for orders in relation to contraventions of civil remedy or penalty provisions 58. SEVERABILITY It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the FFW Act. The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the FW Act shall not be taken to affect the binding force and effect of the remainder of the Agreement. To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. 59. TRADE UNION RIGHTS AND REPRESENTATION Clauses 59.1 of this Agreement outlines the rights for Union Delegates when assisting Employees. For clarity, each Employee has the right to determine whether they wish to be represented or not. Such representatives (or individual Employees) are entitled to the protections of Division 4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful industrial activities. 59.1 Union Delegate Rights Where an Employee has been elected as a Union Delegate, the Employer will recognise the following rights: the right to be treated fairly and to perform their role without any discrimination in their employment. . For the Union Delegate to represent an Employee where requested in Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 65
relation to a grievance,dispute or a discussion with a member of the
Union;
• the right to place information related to permitted matters on a notice
board in a prominent location in the workplace except that the material
must not breach freedom of association, privacy and other applicable laws;
and
• the right to place information related to permitted matters on a notice
board in a prominent location in the workplace except that the material
must not breach freedom of association, privacy and other applicable laws;
and
• the right to paid time to attend industrial tribunals and/or courts where they
have been requested to do so by an Employee (which may include
themselves) whom they represent in a particular dispute in their
workplace.
• the right to paid time to assist and represent Employees who have
requested them to represent them in respect of a dispute arising in their
workplace; and
• the right to represent the interests of members in their workplace to the
Union, the Employer and industrial tribunals/courts.
• the right to formal recognition that the endorsed Union delegates will speak
on behalf of the Union members in the workplace.
• the right to paid time to attend Union endorsed training/forums which are
directed to improving the skills and knowledge of the participant in the
system of workplace relations.
• Union Delegates will receive an additional $1.50 for all hours worked
and/or attending approved training.
• The Employer will release from work a Union Delegate to attend 5
meetings per calendar year conducted by the Union to discuss industry
related matters. Union Delegates will be paid their ordinary hourly rate,
including all allowances, applicable site allowance paid for the site
engaged on at the time of training.
59.2 Training
• Sufficient notice (at least a week or less by agreement) of the time and
nature of the training/seminar/forums shall be given to the Employer to
enable agreement for employees to attend these courses, seminars or
forums.
• Union delegate/ Employee Representatives will be paid their ordinary
hourly rate, including all allowances, applicable site allowance paid for the
site engaged on at the time while attending approved courses, seminars or
forums. Additional training can be undertaken by agreement.
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relation to a grievance, dispute or a discussion with a member of the Union; the right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; and the right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; and the right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an Employee (which may include themselves) whom they represent in a particular dispute in their workplace. the right to paid time to assist and represent Employees who have requested them to represent them in respect of a dispute arising in their workplace; and the right to represent the interests of members in their workplace to the Union, the Employer and industrial tribunals/courts. the right to formal recognition that the endorsed Union delegates will speak on behalf of the Union members in the workplace. the right to paid time to attend Union endorsed training/forums which are directed to improving the skills and knowledge of the participant in the system of workplace relations. Union Delegates will receive an additional $1.50 for allhours worked and/or attending approved training. . The Employer will release from work a Union Delegate to attend 5 meetings per calendar year conducted by the Union to discuss industry related matters. Union Delegates will be paid their ordinary hourly rate, including all allowances, applicable site allowance paid for the site engaged on at the time of training. 59.2 Training Sufficient notice (at least a week or less by agreement) of the time and nature of the training/seminar/forums shall be given to the Employer to enable agreement for employees to attend these courses, seminars or forums. Union delegate / Employee Representatives will be paid their ordinary hourly rate, including all allowances, applicable site allowance paid for the site engaged on at the time while attending approved courses, seminars or forums. Additional training can be undertaken by agreement. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 66
li. HEALTH & SAFETY REPRESENTAJIYES
The employees may request that the Employer commence negotiations to determine
work groups. Once those work groups have been identified workers may elect a
Health and Safety Representative (HSR) and Deputy Health & Safety Representative
(DHSR) if any, for each work group in accordance with the provisions of the Work
Health and Safety Act (NSW) 2011.Once elected, the HSR will be paid an allowance
of $1.50 per hour, on top of their ordinary hourly rate, for each hour worked. This
payment will commence from the first full pay period commencing after the election.
Where the HSR is absent, the DHSR will receive an allowance of $1.50 per hour for
each hour worked for the period of their absence.
As soon as practical within the period of 3 months after the Employer being advised of
the election of the HSR and the DHSR, the Employer will arrange and pay for the
necessary training to enable the HSR and the DHSR to perform their role. While
attending these courses the HSR and the DHSR will be paid their normal rate of pay,
including all allowances. That is, they will not have their wages reduced because of
their attendance at the training course.
After their initial training, Health and Safety Representatives will be afforded up to a
maximum of an additional five days training per annum at accredited Safework training
programs, other appropriate seminars and Union endorsed meetings, forums, and
training. Health and Safety Representatives will be paid their normal rate including all
allowances while attending these courses. The Employer will be provided 7 days'
notice of such training/forums and the name of the HSR/s attending.
The Employer will allow a HSR and the DSHR (if any) to exercise their obligations
under the Act during their ordinary working hours.
The Employer will ensure that a list of HSR and DHSR (if any) for each work group is
prepared, kept up to date and distributed to all employees on a regular basis.
The HSR may request the Employer to establish a workplace health and safety
committee. If the Employer is requested to do so they will establish a health and safety
committee within one month of that request.
The HSR shall not be transferred from site without agreement from the majority of
employees on that site at a duly convened paid meeting of no more than 30 Minutes
and agreed to by the Union in writing.
The Employer will release from work a HSR to attend 5 meetings per calendar year
conducted by the Union to discuss industry related matters. Health and Safety
Representatives will be paid their normal rate including all allowances while attending
these meetings.
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60. HEALTH & SAFETY REPRESENTATIVES The employees may request that the Employer commence negotiations to determine work groups. Once those work groups have been identified workers may elect a Health and Safety Representative (HSR) and Deputy Health & Safety Representative (DHSR) if any, for each work group in accordance with the provisions of the Work Health and Safety Act (NSW) 2011.Once elected, the HSR will be paid an allowance of $1.50 per hour, on top of their ordinary hourly rate, for each hour worked. This payment will commence from the first full pay period commencing after the election. Where the HSR is absent, the DHSR will receive an allowance of $1.50 per hour for each hour worked for the period of their absence. As soon as practical within the period of 3 months after the Employer being advised of the election of the HSR and the DHSR, the Employer will arrange and pay for the necessary training to enable the HSR and the DHSR to perform their role. While attending these courses the HSR and the DHSR will be paid their normal rate of pay, including all allowances. That is, they will not have their wages reduced because of their attendance at the training course. After their initial training, Health and Safety Representatives will be afforded up to a maximum of an additional five days training per annum at accredited Safework training programs, other appropriate seminars and Union endorsed meetings, forums, and training. Health and Safety Representatives will be paid their normal rate including all allowances while attending these courses. The Employer will be provided 7 days' notice of such training/forums and the name of the HSR/s attending. The Employer will allow a HSR and the DSHR (if any) to exercise their obligations under the Act during their ordinary working hours. The Employer will ensure that a list of HSR and DHSR (if any) for each work group is prepared, kept up to date and distributed to all employees on a regular basis. The HSR may request the Employer to establish a workplace health and safety committee. If the Employer is requested to do so they will establish a health and safety committee within one month of that request. The HSR shall not be transferred from site without agreement from the majority of employees on that site at a duly convened paid meeting of no more than 30 Minutes and agreed to by the Union in writing. The Employer will release from work a HSR to attend 5 meetings per calendar year conducted by the Union to discuss industry related matters. Health and Safety Representatives will be paid their normal rate including all allowances while attending these meetings. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 67
§1. INCREASES TO WAGES - PRODUCJIYITY GAINS
In recognition of the productivity measures identified herein, the increases payable
under this agreement shall be available to all employees as follows:
a) From the first full pay period after 1s1 July 2024- The rate of pay will be as
per Appendix Rates of pay.
b) From the first full pay period after 1st July 2025 - The rate of pay will be as
per Appendix Rates of pay.
c) From the first full pay period after 1s1 July 2026- The rate of pay will be as
per Appendix Rates of pay.
d) From the first full pay period after 1st July 2027 - The rate of pay
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 68
61. INCREASES TO WAGES - PRODUCTIVITY GAINS In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: a) From the first full pay period after 1st July 2024- The rate of pay will be as per Appendix Rates of pay. b) From the first full pay period after 1st July 2025 - The rate of pay will be as per Appendix Rates of pay. c) From the first full pay period after 1st July 2026 - The rate of pay will be as per Appendix Rates of pay. d) From the first full pay period after 1st July 2027 - The rate ofpay Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 68
il. AGREEMENT CLASSIFICATIONS
Description
Trade Assistant L 1 R001
Entry-level Roofing & Cladding Trades Assistant with under 12 months of
industry experience.
Trade Assistant L2 R002
Roofing & Cladding Trades Assistant possessing over 12 months of experience,
demonstrating established foundational trade knowledge and skills.
Trade Assistant L3 R003
Experienced Roofing & Cladding Trades Assistant possessing more than 24
months of Roofing and Cladding expertise, demonstrating a strong foundation
of trade knowledge and skills.
Roof Plumber L4 R004
Holder of a TAFE Certificate Ill in Roof Plumbing or its equivalent, proficient in
executing roofing and wall cladding tasks as a skilled tradesperson,
demonstrating commendable roof plumbing trade abilities.
Roof Plumber L5 R005
Possessor of a TAFE Certificate Ill in Roof Plumbing, accompanied by either a
(Q) Supervisors License, Contractor's License or there equivalent. Proficient in
executing and certifying roofing and wall cladding tasks as a seasoned
tradesperson, demonstrating exceptional roof plumbing skills across all facets of
the trade.
• NOTE: Movement between classifications levels is at the discretion of the
company. Should any dispute arise regarding the classification levels described
above, the provisions of the Consultation and Dispute Resolution clause as noted
in this agreement.
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 69
62. AGREEMENT CLASSIFICATIONS Description Trade Assistant L1 ROO1 Entry-level Roofing & Cladding Trades Assistant with under 12 months of industry experience. Trade Assistant L2 ROO2 Roofing & Cladding Trades Assistant possessing over 12 months of experience, demonstrating established foundational trade knowledge and skills. Trade Assistant L3 ROO3 Experienced Roofing & Cladding Trades Assistant possessing more than 24 months of Roofing and Cladding expertise, demonstrating a strong foundation of trade knowledge and skills. Roof Plumber L4 ROO4 Holder of a TAFE Certificate III in Roof Plumbing or its equivalent, proficient in executing roofing and wall cladding tasks as a skilled tradesperson, demonstrating commendable roof plumbing trade abilities. Roof Plumber L5 ROO5 Possessor of a TAFE Certificate III in Roof Plumbing, accompanied by either a (Q) Supervisors License, Contractor's License or there equivalent. Proficient in executing and certifying roofing and wall cladding tasks as a seasoned tradesperson, demonstrating exceptional roof plumbing skills across all facets of the trade. . NOTE: Movement between classifications levels is at the discretion of the company. Should any dispute arise regarding the classification levels described above, the provisions of the Consultation and Dispute Resolution clause as noted in this agreement. Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 69
APPENDIX 1-RATES OF PAY
Appendix 1 - Table 1 -1st July 2024
Trade Assistant L 1 ROO1- Less than 12 months experience
PH
PW
Trade Assistant L2 ROO2- Unskilled but greater than 12 months PH
experience PW
Trade Assistant L3 ROO3- Min 24 months roofing experience and PH
good roofing skills PW
Roof Plumber L4 ROO4- Journeyman Cert 3
PH
PW
Roof Plumber LS ROOS- Qualified - Cert 4
PH
----
PW
Travel PD
Redundancy PW
Site allowance PH
Superannuation Guarantee Charge Gazetted SGC
Appendix 1 - Table 2 - Rates of pay First full pay period after 1st July 2025
Trade Assistant L1 ROO1- Less than 12 months experience
Trade Assistant L2 ROO2- Unskilled but greater than 12 months
experience
Trade Assistant L3 ROO3- Min 24 months roofing experience and
good roofing skills
Roof Plumber L4 ROO4- Journeyman Cert 3
Roof Plumber LS ROOS- Qualified - Cert 4
Travel
Redundancy
Site allowance
Superannuation Guarantee Charge Gazetted
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028
PH
PW
PH
PW
PH
PW
PH
PW
PH
PW
PD
PW
PH
SGC
(36-Hours
div)
$34.00
$1,224.00
$39.50
$1,422.00
$43.05
$1,549.80
$47.00
$1,692.00
$51.03
$1,837.08
$35.00
$145.00
$3.90
11.50%
(36-Hours
div)
$35.36
$1,272.96
$41.08
$1,478.88
$44.78
$1,612.08
$48.88
$1,759.68
$53.08
$1,910.88
$36.40
$151.00
$3.92
12%
70
APPENDIX 1 - RATES OF PAY Appendix 1 - Table 1 - 1st July 2024 (36-Hours div) Trade Assistant L1 ROO1- Less than 12 months experience PH $34.00 PW $1,224.00 Trade Assistant L2 ROO2- Unskilled but greater than 12 months PH $39.50 experience PW $1,422.00 Trade Assistant L3 ROO3- Min 24 months roofing experience and PH $43.05 good roofing skills PW $1,549.80 Roof Plumber L4 ROO4- Journeyman Cert 3 PH $47.00 PW $1,692.00 Roof Plumber L5 ROO5- Qualified - Cert 4 PH $51.03 PV $1,837.08 Travel PD $35.00 Redundancy PW $145.00 Site allowance PH $3.90 Superannuation Guarantee Charge Gazetted SGC 11.50% Appendix 1 - Table 2 - Rates of pay First full pay period after 1st July 2025 (36-Hours div) Trade Assistant L1 ROO1- Less than 12 months experience PH $35.36 PW $1,272.96 Trade Assistant L2 ROO2- Unskilled but greater than 12 months PH $41.08 experience PW $1,478.88 Trade Assistant L3 ROO3- Min 24 months roofing experience and PH $44.78 good roofing skills PV $1,612.08 Roof Plumber L4 ROO4- Journeyman Cert 3 PH $48.88 PV $1,759.68 Roof Plumber L5 ROO5- Qualified - Cert 4 PH $53.08 PW $1,910.88 Travel PD $36.40 Redundancy PW $151.00 Site allowance PH $3.92 Superannuation Guarantee Charge Gazetted SGC 12% Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 70
Appendix 1 - Table 3 - Rates of pay First full pay period after 1 st July 2026
Trade Assistant L 1 ROO1- Less than 12 months experience
PH
PW
Trade Assistant L2 ROO2- Unskilled but greater than 12 months PH
experience PW
Trade Assistant L3 ROO3- Min 24 months roofing experience and PH
good roofing skills PW
Roof Plumber L4 ROO4- Journeyman Cert 3
PH
PW
PH
Roof Plumber LS ROOS- Qualified - Cert 4
PW
Travel PD
Redundancy PW
Site allowance PH
Superannuation Guarantee Charge Gazetted SGC
Appendix 1 - Table 4 - Rates of pay First full pay period after 1st July 2027
Trade Assistant L 1 ROO1- Less than 12 months experience
Trade Assistant L2 ROO2- Unskilled but greater than 12 months
experience
Trade Assistant L3 ROO3- Min 24 months roofing experience and
good roofing skills
Roof Plumber L4 ROO4- Journeyman Cert 3
Roof Plumber LS ROOS- Qualified - Cert 4
Travel
Redundancy
Site allowance
Superannuation Guarantee Charae Gazetted
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028
PH
PW
PH
PW
PH
PW
PH
PW
PH
PW
PD
PW
PH
SGC
(36-Hours
div)
$37.13
$1,336.68
$43.14
$1,553.04
$47.02
$1,692.72
$51.33
$1,847.88
$55.74
$2,006.64
$37.86
$159.00
$3.94
12%
(36-Hours
divl
$39.36
$1,416.96
$45.73
$1,646.28
$49.85
$1,794.60
$54.41
$1,958.76
$59.09
$2,127.24
$39.37
$169.00
$3.97
12%
71
Appendix 1 - Table 3 - Rates of pay First full pay period after 1st July 2026 (36-Hours div) Trade Assistant L1 ROO1- Less than 12 months experience PH $37.13 PW $1,336.68 Trade Assistant L2 ROO2- Unskilled but greater than 12 months PH $43.14 experience PW $1,553.04 Trade Assistant L3 ROO3- Min 24 months roofing experience and PH $47.02 good roofing skills PW $1,692.72 Roof Plumber L4 ROO4- Journeyman Cert 3 PH $51.33 PW $1,847.88 Roof Plumber L5 ROO5- Qualified - Cert 4 PH $55.74 PW $2,006.64 Travel PD $37.86 Redundancy PW $159.00 Site allowance PH $3.94 Superannuation Guarantee Charge Gazetted SGC 12% Appendix 1 - Table 4 - Rates of pay First full pay period after 1st July 2027 (36-Hours div) Trade Assistant L1 ROO1- Less than 12 months experience PH $39.36 PW $1,416.96 Trade Assistant L2 ROO2- Unskilled but greater than 12 months PH $45.73 experience PW $1,646.28 Trade Assistant L3 ROO3- Min 24 months roofing experience and PH $49.85 good roofing skills PW $1,794.60 Roof Plumber L4 ROO4- Journeyman Cert 3 PH $54.41 PW $1,958.76 Roof Plumber L5 ROO5- Qualified - Cert 4 PH $59.09 PW $2,127.24 Travel PD $39.37 Redundancy PW $169.00 Site allowance PH $3.97 Superannuation Guarantee Charge Gazetted SGC 12% Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 71
APPENDIX 2-RATES OF PAY APPRENTICES
Apprentices
Aoorentices Schedule
Grade 2024 2025 2026
1st Year $18.45 $19.20 $20.20
2nd Year $24.75 $25.80 $27.10
3rd Year $34.75 $36.20 $38.10
4th Year $37.22 $38.80 $40.80
Adult Aoorentices Schedule
Grade 2024 2025 2026
1st Year $25.50 $26.60 $28.00
2nd Year $27.25 $28.40 $29.90
3rd Year $36.85 $38.40 $40.40
4th Year $39.45 $41.10 $43.20
Site Allowance Per Hour Schedule
Grade 2024 2025 2026
1st Year $0.00 $0.00 $0.00
2nd Year $1.00 $1.10 $1.20
3rd Year $2.00 $2.10 $2.30
4th Year $3.00 $3.20 $3.40
Travel Per Dav Schedule
Grade 2024 2025 2026
1st Year $35.00 $36.40 $37.86
2nd Year $35.00 $36.40 $37.86
3rd Year $35.00 $36.40 $37.86
4th Year $35.00 $36.40 $37.86
Redundancv Per Week Schedule
Grade 2024 2025 2026
1st Year $0.00 $0.00 $0.00
2nd Year $0.00 $0.00 $0.00
3rd Year $38.00 $38.00 $38.00
4th Year $38.00 $40.00 $42.00
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028
2027
$21.50
$28.80
$40.40
$43.30
2027
$29.70
$31.70
$42.90
$45.80
2027
$0.00
$1.30
$2.50
$3.70
2027
$39.37
$39.37
$39.37
$39.37
2027
$0.00
$0.00
$40.00
$46.00
72
APPENDIX 2 - RATES OF PAY APPRENTICES Apprentices Apprentices Schedule Grade 2024 2025 2026 2027 1st Year $18.45 $19.20 $20.20 $21.50 2nd Year $24.75 $25.80 $27.10 $28.80 3rd Year $34.75 $36.20 $38.10 $40.40 4th Year $37.22 $38.80 $40.80 $43.30 Adult Apprentices Schedule Grade 2024 2025 2026 2027 1st Year $25.50 $26.60 $28.00 $29.70 2nd Year $27.25 $28.40 $29.90 $31.70 3rd Year $36.85 $38.40 $40.40 $42.90 4th Year $39.45 $41.10 $43.20 $45.80 Site Allowance Per Hour Schedule Grade 2024 2025 2026 2027 1st Year $0.00 $0.00 $0.00 $0.00 2nd Year $1.00 $1.10 $1.20 $1.30 3rd Year $2.00 $2.10 $2.30 $2.50 4th Year $3.00 $3.20 $3.40 $3.70 Travel Per Day Schedule Grade 2024 2025 2026 2027 1st Year $35.00 $36.40 $37.86 $39.37 2nd Year $35.00 $36.40 $37.86 $39.37 3rd Year $35.00 $36.40 $37.86 $39.37 4th Year $35.00 $36.40 $37.86 $39.37 Redundancy Per Week Schedule Grade 2024 2025 2026 2027 1st Year $0.00 $0.00 $0.00 $0.00 2nd Year $0.00 $0.00 $0.00 $0.00 3rd Year $38.00 $38.00 $38.00 $40.00 4th Year $38.00 $40.00 $42.00 $46.00 Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 72
APPENDIX 3 - TOOLS AND EQUIPMENT SCHEDULE
1 x pair - Adjustable Wrench 150mm 1 x pair - Lock Grip Pliers 250mm
1 x ea - Battery - Hammer Drill 18V 2 x ea - Lock Plier- Long Nose 101mm
1 x ea - Battery - Impact Driver 18V 1 x ea - Measuring Tape 8m
1 x ea - Battery - Pistol Drill 18V 1 x ea - Measuring Tape 30m
1 x ea - Battery - Charger 1 x pair - Multigrips 225mm
1 x ea - Bevel Square 250mm 1 x ea - Nail Bag
1 x ea - Caulking Gun 1 x ea - Plumb Bob 450gr
2 x ea - C-Clamp Locking Pliers 1 x pair - Pop Rivet Gun
1 x ea - Chaulk Line 1 x ea - Punch - Centre
1 x ea - Chisel - (Cold) 13mm 1 x ea - Punch - Prick
1 x ea - Chisel - (Cold) 25mm 1 x ea - PVC Conduit Cutters
1 x ea - Chisel - (Wood) 25mm 1 x ea - Saw - Hand Wood 600mm
1 x pair - Combination Pliers 200mm 1 x ea - Screwdriver - Phillips 150mm
1 x ea - Diagonal Side Cutters 207mm 2 x ea - Screwdriver - Phillips 200mm
1 x pair - Dividers 200mm 1 x ea - Screwdriver - Slotted 200mm
1 x ea - File - Half Round & Handle 250mm 1 x ea - Screwdriver - Slotted 300mm
1 x ea - Folding Ruler 1 x pair - Snips - Curved 175mm
1 x pair - Footprints 225mm 1 x pair - Snips - Left Hand
1 x ea - Hacksaw 300mm 1 x pair - Snips - Right Hand
1 x ea - Hacksaw - Junior 1 x ea - Snips - Straight 300mm
1 x ea - Hammer - Ball Pein 20oz 1 x set - Spanners Open End/Ring 42522mm
1 x ea - Hammer - Claw 20oz 1 x ea - Square - Carpenter 600x400mm
1 x ea - Hammer - Cross Pein 10oz 1 x ea - Square - Combination
1 x ea - Hammer - Lump 4LB 1 x ea - String Line
1 x ea - Knife - Snap Off Blade 18mm 1 x ea - Toolbox (Carry All or Equivalent)
1 x ea - Level - Spirit 600mm 1 x ea - Trowel - Pointing
1 x ea - Level - Spirit 1200mm 1 x ea - Wire Brush
1 x ea - Level - Torpedo Spirit 300mm 1 x ea - Thin Toe Dolly
Direct Metal Roofing (NSW) Ply Lid & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 73
APPENDIX 3 - TOOLS AND EQUIPMENT SCHEDULE 1 x pair - Adjustable Wrench 150mm 1 x pair - Lock Grip Pliers 250mm 1 x ea - Battery - Hammer Drill 18V 2 x ea - Lock Plier - Long Nose 101mm 1 x ea - Battery - Impact Driver 18V 1 x ea - Measuring Tape 8m 1 x ea - Battery - Pistol Drill 18V 1 x ea - Measuring Tape 30m 1 x ea - Battery - Charger 1 x pair - Multigrips 225mm 1 x ea - Bevel Square 250mm 1 x ea - Nail Bag 1 x ea - Caulking Gun 1 x ea - Plumb Bob 450gr 2 x ea - C-Clamp Locking Pliers 1 x pair - Pop Rivet Gun 1 x ea - Chaulk Line 1 x ea - Punch - Centre 1 x ea - Chisel - (Cold) 13mm 1 x ea - Punch - Prick 1 x ea - Chisel - (Cold) 25mm 1 x ea - PVC Conduit Cutters 1 x ea - Chisel - (Wood) 25mm 1 x ea - Saw - Hand Wood 600mm 1 x pair - Combination Pliers 200mm 1 x ea - Screwdriver - Phillips 150mm 1 x ea - Diagonal Side Cutters 207mm 2 x ea - Screwdriver - Phillips 200mm 1 x pair - Dividers 200mm 1 x ea - Screwdriver - Slotted 200mm 1 x ea - File - Half Round & Handle 250mm 1 x ea - Screwdriver - Slotted 300mm 1 x ea - Folding Ruler 1 x pair - Snips - Curved 175mm 1 x pair - Footprints 225mm 1 x pair - Snips - Left Hand 1 x ea - Hacksaw 300mm 1 x pair - Snips - Right Hand 1 x ea - Hacksaw - Junior 1 x ea - Snips - Straight 300mm 1 x ea - Hammer - Ball Pein 20oz 1 x set - Spanners Open End/Ring 42522mm 1 x ea - Hammer - Claw 20oz 1 x ea - Square - Carpenter 600x400mm 1 x ea - Hammer - Cross Pein 10oz 1 x ea - Square - Combination 1 x ea - Hammer - Lump 4LB 1 x ea - String Line 1 x ea - Knife - Snap Off Blade 18mm 1 x ea - Toolbox (Carry All or Equivalent) 1 x ea - Level - Spirit 600mm 1 x ea - Trowel - Pointing 1 x ea - Level - Spirit 1200mm 1 x ea - Wire Brush 1 x ea - Level - Torpedo Spirit 300mm 1 x ea - Thin Toe Dolly Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 73
APPENDIX 4 - RDO CALENDERS
it APPENDIX 4 - RPO CALENDERS 2024
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
7 8 9 13
14 15 16 17 18 19 20
22 23 24 25 26 27
July '24
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
6 7 9 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
■ Annual leave (optional)
□ Flexible RDO
4 5 6 7 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29
May '24
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 10 21 22 23 24 25
26 27 28 29 30 31
August '24
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 31
November '24
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
Scheduled RDO
□ □ Designated Long Weekend (Public Holiday and RDO
3 [ 4 5 6 7 9
10 11 12 13 14 15 16
18 19 20 21 22 23
25 26 27 28 29 30
30 1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
17 20
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 24 25 26 27 28
29 30
December '24
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
25 26 27 28
=
Direct Metal Roofing (NSW) Ply Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 74
APPENDIX 4 - RDO CALENDERS 63. APPENDIX 4 - RDO CALENDERS 2024 2024 January '24 February '24 March '24 SMTWTF S SMTWTF S SMTWTF S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 .15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 2 29 30 31 April '24 May '24 June '24 S M TWT FS SMTWTF S SMTWTFS 1 2 3 4 5 6 1 2 3 4 30 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 July '24 August '24 September '24 SMT WTF S SMTWTF S SMTWTF 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October '24 November '24 December '24 SMTWTF S SMTWTF S SMTWTFS 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 1 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 74
~ APPENDIX 4 - RPO CALENDERS 2025
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 11 I 18 19
20 21 22 23 24 25 26
27 28 29 30
July
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 29 30 31
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
9 10 12 13 14 15
16 17 18 19 20 21 22
23 m 25 26 27 28
May
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 20 21 22 23 24
25 26 27 28 29 30 31
August
S M T W T F S
1 2
3 5 6 7 8 9
10 11 12 13 14 15 16
17 19 20 21 22 23
24 25 26 27 28 29 30
2 4 5 6 7 8
9 10 11 12 13 14 15
16 18 19 20 21 22
23 24 25 26 27 28 29
30
■ Annual leave (optional)
□ Flexible RDO Scheduled RDO
□ □ Designated Long Weekend (Public Holiday and RDO
9 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
8 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 II
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 23 24 25 26 27
28 29 30
7 8 9 10 11 12 13
14 15 16 17 19 20
21 22 26 27
28 29
=
Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 75
64. APPENDIX 4 - RDO CALENDERS 2025 2025 January February March SMTWTFS SMTWTF S SMTWTF S 1 2 3 4 1 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 19 20 21 22 23 2 25 16 17 18 19 20 2 22 16 17 18 19 20 21 22 26 27 2 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 30 31 April May lun SMTWTFS MTWTF S S M TW T F S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 1 4 5 6 7 8 9 10 8 9 10 11 12 1 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 0 21 22 23 2 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 31 29 30 July August September SMTWTF S SMTWTF S SMTWTF S 1 2 3 4 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 1 3 4 5 6 7 8 9 7 8 9 10 11 1 13 13 14 15 16 17 18 1 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 2 21 22 23 24 25 2 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 October November December SMTWTF S SMTWTF S SMTWTF 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 1 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 910 11 12 13 14 15 14 15 16 17 18 19 2 6 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 2 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 75
§§,, APPENDIX 4 - RPO CALENDERS 2026
4 5 6
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
5 6 7 8
12 13 14 15 16
19 20 21 22 23
26 27 28 29 30
July
10 11
17 18
24 25
S M T W T F S
5
12
19
26
4
11
18
25
6
13
20
5
1 2 3 4
7 8 9 10 11
14 15 16 17 18
21 22 23 24 25
28 29 30 31
6 7 8 10
13 14 15 16 17
20 21 22 23 24
27 28 29 30 31
8 10 11 12 13 14
15 16 17 18 19 20 21
22 2J 24 25 26 27 28
May
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 ll 19 20 21 22 23
24 25 26 27 28 29 30
August
S M T W T F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 • 25 26 27 28 29
8 JI 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
■
□
□ □
Annual leave (optional)
Flexible RDO Scheduled RDO
Designated long Weekend (Public Holiday and RDO
8 10 11 13 14
15 16 17 18 19 20 21
22 21 24 25 26 27 28
29 30 31
7 9 10 11 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 • 30
September
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
6 7 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
=
Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumblng Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 76
65. APPENDIX 4 - RDO CALENDERS 2026 2026 January February March SMTWTF S SMTWTFS SMTWTFS 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 10 11 12 13 14 11 12 13 14 15 16 1 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 2 28 22 23 24 25 26 27 28 25 26 27 28 29 30 31 29 30 31 April May June SMTWTF S S MTWTF S SMTWTF S 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 1 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 20 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 27 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 July August September SMTWTF S SMTWTF S SMTWTF S 1 2 3 4 1 1 2 3 4 5 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 9 20 21 22 23 24 25 16 7 18 19 20 21 2 20 21 22 23 24 25 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 October November December SMTWTF S S M TW TF S SMTWTF 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 16 17 18 19 20 21 13 14 15 16 17 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 25 26 27 28 29 30 3 29 30 27 28 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 76
li,, APPENDIX 4 - RPO CALENDERS 2021
'
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
April
SMTWT F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
July
SMTWT F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 If 27 28 29 30 31
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
'
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28
May
SMTWT F S
1
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
August
SMTWT F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 21 24 25 26 27 28
29 30 31
7 • 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
■ Annual leave (optional)
□ Flexible RDO Scheduled RDO
□ □ Designated Long Weekend (Public Holiday and RDO
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
June
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30
September
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 aJ 21 22 23 24 25
26 27 28 29 30
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
=
Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing &
Claddlng Enterprise Agreement 2024-2028 77
66. APPENDIX 4 - RDO CALENDERS 2027 2027 January February March SMTWTF S SMTWTF S SMTWTF S 1 2 1 2 3 4 5 6 1 2 3 4 5 6 3 4 5 6 7 8 9 7 8 9 10 11 12 13 7 8 9 10 11 12 13 10 11 12 13 14 15 16 14 15 16 17 18 19 20 14 15 16 17 18 1 20 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 2 30 31 31 April May June SMTWTF S SMTWTFS SMTWT F 1 2 3 1 1 2 3 4 5 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 1 12 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 1 18 19 20 21 22 23 24 16 17 18 19 20 21 22 0 21 22 23 24 25 26 25 26 27 28 29 3 23 24 25 26 27 28 29 27 28 29 3 30 31 July August September SMTWTF S S MTWTF S SMTWTF S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 3 9 10 11 11 2 13 14 15 1 17 15 16 17 18 19 2 21 2 13 14 15 16 17 18 18 19 20 21 22 2 24 22 23 24 25 26 2 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 3 October November December SMTW T F S S MT W T F S SMTWT S 1 2 1 2 3 4 5 6 1 2 3 4 3 4 5 6 7 8 9 7 8 9 10 11 12 13 5 6 7 8 9 10 11 0 11 12 13 14 1 16 14 15 16 17 18 19 2 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 23 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 3 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 77
SIGNATORY PAGE
For and on behalf of Direct Metal Roofing (NSW) Pty Ltd
Name: Greg Oliver
Position: Director
ABN: 34 064 057 585
Email: sales@directmetalroofinq.com.au
Employer Adress: 16/19 Aero Road lngleburn NSW 2565
A Representative of the CEPU - Plumbing Division (NSW Branch) and employee/s covered
by this Agreement.
Signature
Name:
Position:
Theo Samartzopoulos
NSW State Secretary
Branch address: Shop 1, 111 McEvoy Street
Alexandria NSW 2015
Telephone: (02) 9310-3411
,z'c) L6 faiL.
Date
1
Email: officeadmin@nswplumbersunion.com.au
Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumblng Division - NSW Branch Roofing &
Cladding Enterprise Agreement 2024-2028 78
SIGNATORY PAGE For and on behalf of Direct Metal Roofing (NSW) Pty Ltd Name: Greg Oliver Position: Director ABN: 34 064 057 585 Email: sales@directmetalroofing.com.au Employer Adress: 16/19 Aero Road Ingleburn NSW 2565 20/6/2024 Signature Date 7 A Representative of the CEPU - Plumbing Division (NSW Branch) and employee/s covered by this Agreement. 20/6/24. Signature Date Name: Theo Samartzopoulos Position: NSW State Secretary Branch address: Shop 1, 111 McEvoy Street Alexandria NSW 2015 Telephone: (02) 9310-3411 Email: officeadmin@nswplumbersunion.com.au Direct Metal Roofing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Roofing & Cladding Enterprise Agreement 2024-2028 78
