1
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2024/4295)
VENTRIX PTY LTD AND CEPU - PLUMBING DIVISION NSW
BRANCH MECHANICAL (HVAC) ENTERPRISE AGREEMENT 2023 -
2027
Plumbing industry
COMMISSIONER JOHNS MELBOURNE, 11 NOVEMBER 2024
Application for approval of the Ventrix Pty Ltd and CEPU - Plumbing Division NSW Branch
Mechanical (HVAC) Enterprise Agreement 2023-2027
[1] An application has been made for approval of an enterprise agreement known as the
Ventrix Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise
Agreement 2023-2027 (the Agreement). The application was made pursuant to s.185 of the
Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic,
Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement
is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met.
[3] An assessment of the Agreement has identified some clauses that may be inconsistent
with the National Employment Standards (NES). In particular, the terms relating to:
a) Clause 17.2: Notice of Termination; and
b) Clause 45 and Clause 45.1: Public Holidays.
[4] Therefore, employees should give careful consideration to the NES and not assume that
the Agreement is the totality of their rights, especially in relation to the subject matters
contained in the clause referred to above.
[5] Noting the NES precedence clause (Clause 3), to the extent that any clause in the
Agreement is inconsistent with the NES, it is not an impediment to the approval of the
Agreement.
[2024] FWCA 3919
DECISION
AUSTRALIA FairWork Commission
[2024] FWCA 3919
2
[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and
Allied Services Union of Australia being a bargaining representative for the Agreement, has
given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with
s.201(2) I note that the Agreement covers the organisation.
[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
18 November 2024. The nominal expiry date of the Agreement is 30 September 2027.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE526703 PR781103
WOR THE FAIR MISSION OF THE SEA
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S EMPLOYEES UNION PROUD US PLUMBING AND PIPE KALIA Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC)Enterprise Agreement 2023-2027 For ACT, SYDNEY, WOLLONGONG, CENTRAL COAST, & NSW COUNTRY AREAS
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Clause No. NAME Page PART 1 APPLICATION AND OPERATION 1 TITLE OF AGREEMENT 3 2 PARTIES AND PERSONS BOUND 3 3 LODGEMENT AND DATE OF OPERATION OF AGREEMENT 4 4 COMMITMENTS 5 5 ANTI DISCRIMINATION 6 6 POSTING OF AGREEMENT 7 DEFINITIONS 7 8 WORKPLACE FLEXIBILITY 9 STATUTORY MATTERS COVERED BY STATE LEGISLATION 10 PART 2 CONSULTATION AND DISPUTE RESOLUTION 10 CONSULTATION CLAUSE 10 11 CONSULTATIVE MECHANISMS 13 12 DISPUTE RESOLUTION PROCEDURE 15 13 PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 17 PART 3 TYPES OF EMPLOYMENT AND TERMINATION EMPLOYMENT 14 DAILY EMPLOYMENT 20 15 CASUAL EMPLOYMENT 20 16 21 17 EMPLOYER AND EMPLOYEE DUTIES TERMINATION OF EMPLOYMENT 21 18 REDUNDANCY 22 19 SHAM CONTRACTING 25 PART 4 REMUMERATION AND PAYMENT OF WAGES 20 PAYMENT OF WAGES 27 21 SUPERANNUATION 28 PART 5 APPRENTICES 22 GENERAL 30 PART 6 HOURS OF WORK AND RELATED MATTERS 23 ORDINARY HOURS OF WORK 32 24 WORKS BREAK 35 25 OVERTIME 37 26 WEEKEND WORK 38 27 NIGHT SHIFT WORK 38 28 PRESENTING FOR WORK AND NOT REQUIRED 40 29 INCLEMENT WEATHER 40 30 JURY DUTY AND MAKE UP PAY 42 31 PROTECTIVE CLOTHING 43 32 COMPENSATION FOR TOOLS AND CLOTHING 43 33 INCOME PROTECTION 44 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 1
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Clause No. NAME Page PART 7 ALLOWANCES 34 TRAVEL 44 35 SITE ALLOWANCE 46 36 MATRIX - PROJECTS IN EXCESS OF 1 BILLION 46 37 WELDNG CERTIFICATE 38 46 MEAL ALLOWANCES 46 39 LEADING HAND 46 40 HOT WORKS 41 46 COLD WORKS 47 42 LIVING AWAY FROM HOME -DISTANT WORK 47 43 AGREEMENT AWARENESS COURSE 51 44 UNDERGROUND INFRASTRUCTURE ALLOWANCE 52 PART 8 LEAVE AND PUBLIC HOLIDAYS 45 PUBLIC HOLIDAYS 52 46 PERSONAL LEAVE 53 47 SICK LEAVE (Carer's Leave) 55 48 COMPASSIONATE LEAVE 55 49 PARENTAL LEAVE 55 50 FAMILY AND DOMESTIC VIOLENCE LEAVE 55 51 ANNUAL LEAVE 55 52 PICNIC DAY 57 PART 9 POLICIES 53 HEAT POLICY 57 54 DRUG AND ALCOHOL POLICY 61 PART 10 MISCELLANEOUS 55 ASBESTOS AWARENESS TRAINING 65 56 STRUCTURED VOCATIONAL TRAINING 65 57 BUILDING LEVY 58 66 AUDITING AND ENTITLEMENT COMPLIANCE 66 59 SEVERABILITY 68 60 TRADE UNION RIGHTS AND REPRESENTATION 68 61 HEALTH AND SAFETY REPRESENTATIVES 69 62 INCREASES TO WAGES - PRODUCTIVITY GAINS 70 APPENDIX 1 PLUMBER DRAINER GASFITTER 71-73 APPENDIX 2 APPRENTICES 74 APPENDIX 3 Tool List 75 APPENDIX 4 RDO CALENDERS 2024,2025,2026,2027 76-79 SIGNATORIES 80 2 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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1. TITLE This agreement shall be known as the Ventrix Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027. 2. PARTIES AND PERSONS BOUND 2 Ventrix Pty Ltd the (employer) in respect of employees engaged in the industry of the occupations, businesses or employers of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning (HVAC) or ventilation plumbers, irrigation installer, laggers and plumber's labourers, (employees) engaged on site or in construction work; and 2.1 employees employed by the employer in New South Wales who are engaged in the industry of the occupations, businesses or employers of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning (HVAC) or ventilation plumbers, irrigation installer, laggers and plumber's labourers, engaged on site or in construction work who are employed or usually employed in the plumbing industry in executing any plumbing, gas- fitting, pipe fitting or domestic engineering work, whether prefabricated or not, or who execute any work in or in connection with :- 2.1.1 sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by plumbers; 2.1.2 lead, wrought, cast or sheet iron, copper, brass or other classes of pipework; 2.1.3 water (hot or cold), steam, gas, air vacuum, heating or ventilating appliances, fittings, services or installations; and 2.1.4 house, ship, sanitary, chemical or general plumbing or drainage; and 2.2 the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that the union has given notice under Section 183 of the Fair Work Act 2009 (C'th) (FW Act) that it wants the Agreement to cover it and in accordance with Section 201(2) of the FW Act, the Fair Work Commission (FWC) has noted that the Agreement covers the union. 2.3 The terms of this agreement will not apply to: 2.3.1 the employment of sprinkler fitters by an employer covered by the Plumbing and Fire Sprinklers Award 2020 (PFS Award); and / or to employees principally engaged in installing automatic fire protection systems; and / or 2.3.2 employees of the employer employed full-time in the service and maintenance operations, and / or Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 3
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2.3.3 employees employed full-time as a project manager, an estimator or in drafting; 2.3.4 For the purposes of our Agreement, cottage/housing industry means the construction, erection, assembly, maintenance ornamentation or demolition of a single occupancy dwelling and multiple occupancy residential units being of not more than two living levels height 3. LODGEMENT AND DATE OF OPERATION OF AGREEMENT This Agreement shall be lodged in accordance with the Fair Work Act 2009 (FW Act). a. This Agreement shall remain in force until 30 September 2027. The employer intends to commence discussions concerning a replacement enterprise agreement by no later than 30 June 2027. This Agreement will continue to operate after its nominal expiry date unless it is replaced by another enterprise agreement of is terminated in accordance with the FW Act. Variation Of The Agreement a. Should the employer intend to make an application under the FW Act, seeking to vary the Agreement, the employer shall advise the union (in writing), of the proposed variation and the union shall be given an opportunity of meeting with the employees concerned about the variation. b. Such meeting shall take place prior to the employees being requested to vote (under Section 208 of the FW Act) on the proposed variation. Termination Of The Agreement a. Should the employer intend to make an application under the FW Act, seeking to terminate the Agreement, the employer shall advise the union (in writing), of the proposed application to terminate the Agreement and the union shall be given an opportunity of meeting with the employees concerned about the proposed application for termination. b. Such meeting shall take place prior to the employees being requested to vote (under Section 219 of the FW Act) on the proposed termination. c. The obligations provided in Clause 3.3 and / 3.4, are conditional upon the representative of the union (however termed), complying with Part 3 - 4 - Right of Entry under the FW Act. Exclusion of the Award Subject to the Interaction with the NES this Agreement is intended to cover all matters pertaining to the employment relationship and all matters pertaining to the employer's relationship with the Union. 4 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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The Agreement regulates all terms and conditions of employment and expressly excludes and displaces the operation of any and all other matters and conditions of employment in the Plumbing and Fire Sprinklers Award 2020 (PFS Award). Any existing employment conditions or entitlements that are superior to those contained in this Agreement will continue to apply unless otherwise agreed by the relevant Parties to this Agreement. Interaction with the National Employment Standards (NES) This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is inconsistency between the Agreement and the NES, and the NES provides greater benefit, the NES provision will apply to the extent of the inconsistency. 4. COMMITMENTS In order that the objectives of this Agreement are achieved, the parties are committed to ensuring that: (a) The measures contained in this Agreement lead to real gains in productivity. (b) A broad approach to productivity is adopted incorporating (but not being limited to) both management and labour efficiency, quality, training, maintaining high standards of occupational health and safety, improved working conditions, environmental concerns, quality of working life issues and equity issues. (c) The measures provided for in this Agreement will be implemented through consultative mechanisms agreed to between the employees and the Employer. (d) Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. (e) The dispute settlement procedures provided for in this agreement are rigorously applied and enforced. (f) A free flow of information occurs between the Employer and employee(s) (including their union or other representative )concerning all aspects of the construction process. (g) Statutory entitlements, quality of work and proper safety standards will underpin this agreement. Women In The Industry It is recognised that the Plumbing Contracting industry needs to employ more women and the parties shall discuss means to achieve this during the life of this Agreement. Measures will be implemented that will encourage and assist women to seek and maintain employment in the Plumbing Contracting Industry. 5 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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Suicide Prevention The parties acknowledge that: (a) suicide prevention of employee(s) in the construction industry is an important issue; (b) Construction workers are more than twice as likely to suicide than other people in Australia; (c) Construction workers are six times more likely to die by suicide than through a workplace accident; (d) Apprentices in construction are two and a half times more likely to suicide than other young men their age; (e) Mental health on construction sites is now accepted as an industry safety concern; (f) Employee(s) can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (g) Accordingly, to try and reduce the chance of suicide by an employee, the Employer agrees to provide training to an appropriate number of employee(s) in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and to give them the simple skills needed to intervene and to keep that employee safe until they can gain professional help. Such training is to be conducted via an agreed training package/methodology, or an agreed provider between the Parties, during normal working hours. (h) Awareness training providers will be agreed through the Parties of the Agreement. 5. ANTI-DISCRIMINATION 5.1 It is the intention of the parties to this Agreement to achieve the principal object in the FW Act through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual orientation ,, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 5.2 Accordingly, in fulfilling their obligations under the settlement of disputes clause, the parties to this agreement must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 5.3 The rates, allowances and other monetary entitlements prescribed in this Agreement are the minimum amounts to be paid by the Employer to the Ventrix Pty Ltd & CEPU Plumbing Division -- NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 6
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Employee(s). The Employer must pay each and every rate, allowance and other monetary entitlements in this Agreement as and when they fall due. 6. POSTING OF AGREEMENT A copy of this Agreement and the NES will be kept by the employer in a prominent place on the employer's premises where it is readily accessible to employee(s). 7. DEFINITIONS GEOGRAPHIC DEFINITIONS a) Sydney - means within the boundaries of Broken Bay to the North, Nepean River to the West, Nepean River to the Southwest, and Waterfall to the South. b) ACT - Means the Australian Capital Territory and a 75km radius from the Canberra GPO c) Wollongong - means the City of Wollongong and City of Shellharbour d) Central Coast - means the City of Gosford and the Shire of Wyong e) All other Areas - means all other areas of the State of New South Wales not covered by the geographic areas set out in (a) to (d) above. OTHER DEFINITIONS In this agreement, unless the contrary intention appears: i. Act means the Fair Work Act 2009 (Cth), as amended from time to time. ii. adult apprentice means a person of 21 years of age or over at the time of entering into an indenture or trainee to a trade specified iii. agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) iv. Approved Worker Entitlement Fund means a fund endorsed as an approved worker entitlement fund pursuant to Division 426 in Schedule 1 to the Taxation Administration Act 1953 (Cth) v. construction work means all work performed under this agreement in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employee(s) employed by employers in the building and construction industry. Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 7
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vi. contractor means any entity which contracts to provide plumbing. vii. continuous shift worker means an employee(s) engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts vili. Dry area means a work area that has not become saturated by rain or where water will not drip on the employee(s). ix. employee means national system employee within the meaning of the Act x. employer means national system employer within the meaning of the Act xi. Fair Work Act 2009 (FW Act). xii. immediate family includes: spouse (including a former spouse, a de facto partner and a former de facto partner); a de facto partner means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis whether the employee and the person are or the same sex or different sexes); child or an adult child (including an adopted child, a step - child or an ex-nuptial child); parent; grandparent or grandchild; or sibling; of the employee or spouse of the employee. xiii. Inclement weather will mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees to continue working whilst the same prevail. xiv leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee XV. NES means the National Employment Standards as contained in the Fair Work Act 2009 (Cth) xvi. on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client xvii. operator of explosive powered tools means an employee qualified in accordance with the laws and regulations of the State concerned to operate explosive powered tools 8 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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xviii. Persons covered by this Agreement means the employer, employees and the Union. xix. HVAC Labourer means an employee primarily engaged in assisting a plumber XX. Redundancy means a situation where an employee ceases to be employed by the employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning xxi. standard rate means the minimum wage for the Plumbing and mechanical services tradesperson in Appendix 1. xxii. WHS Act means Work Health and Safety Act xxiii. WHS Representative means an employee elected as such in accordance with the WHS Act. Party or parties to this Agreement means the employer, employees and/or the Union as the context requires. 8. INDIVIDUAL FLEXIBILITY ARRANGEMENT 8.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 8.2 The Employer will not make an IFA unless the following conditions are satisfied: 8.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement. 8.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement. 8.5 The IFA must be genuinely agreed to by the employer and the employee. 8.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 8.7 The IFA must be able to be terminated: 8.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 8.9 by the employee and the employer at any time if they agree, in writing, to the termination. 8.10 The IFA must be in writing and signed: 9 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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8.11 in all cases by the employee and the employer; and 8.12 if the employee is under 18 by a parent or guardian of the employee; and 8.13 The IFA must be given to the employee within 14 days after it is agreed to. 9. STATUTORY MATTERS COVERED BY STATE LEGISLATION The following NSW & ACT State Acts and the regulations, as amended, where relevant and provided they are not in conflict with the requirements of the Fair Work Act 2009, as amended, will set the minimum terms insofar as they relate to matters that are under the provisions of the relevant Act and pertain to the Employer and Employees bound by this Agreement: (a) Long Service leave Act 1955 (b) Long service leave (portable schemes) Act 2009 (c) Building and Construction Industry Long Service Payments Act 1986 (d) Workplace Injury Management and Compensation Act 1998; and (e) Work Health and Safety Act 2011 Where an employee is eligible, the employer will register an employee with the Building and Construction Industry Long Service Payments Corporation within 4 weeks of commencement of his/her employment. If at any time during the life of the agreement any new legislation is enacted it will be deemed to cover this agreement. Part 2 - CONSULTATION AND DISPUTE RESOLUTION 10. CONSULTATION CLAUSE 10.1 This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) Subject to Clause 23, proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major Change 10.2 For a major change referred to in paragraph 10.1(a): Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 10
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(a) the employer must notify the relevant employee(s) of the decision to introduce the major change; and (b) subclauses 10.3 to 10.9 apply. 10.3 The relevant employee(s) may appoint a Union representative (or other representative if any) for the purposes of the procedures in this term. 10.4 If: (a) relevant employee appoints, or relevant employees appoint, a Union representative (or other representative if any) for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative. 10.5 As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employee(s) and the employee's Union representative (or other representative if any): (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and (b) for the purposes of the discussion-provide, in writing, to the relevant employee(s) and the employees' Union representative (or other representative if any): (i) all relevant information about the change including the nature of the change proposed; and (ii) information about the expected effects of the change on the employees; and (iii) any other matters likely to affect the employees. 10.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employee(s) and/or the employee's Union representative (or other representative if any). 10.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employee(s) and/or the employee's Union representative (or other representative if any). 10.8 If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of 11 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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the employer, the requirements set out in paragraph 10.2(a) and subclauses 10.3 and 10.5 are taken not to apply. 10.9 In this Clause, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer's workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to Regular Roster or Ordinary Hours of Work 10.10 For a change referred to in paragraph 10.1(b): (a) the employer must notify the relevant employees and the employees' Union representative (or other representative if any) of the proposed change; and (b) subclauses 10.11 to 10.15 apply. 10.11 The relevant employees may appoint a Union representative (or other representative if any) for the purposes of the procedures in this term. 10.12 If, (a) a relevant employee appoints, or relevant employees appoint, a Union representative (or other representative if any) for the (b) purposes of consultation; and the employee or employees advise the employer of the identity of the Union representative (or other representative if any); the employer must recognise the representative. 10.13 As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employee(s) and/or the employees' Union representative (or other representative if any) the introduction of the change; and 12 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(b) for the purposes of the discussion-provide to the relevant employees and/or the employees' Union representative (or other representative if any) (i) all relevant information about the change, including the nature of the change; and )information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employee(s) and/or the employee's Union representative (or other representative if any) to give their views about the impact of the change (including any impact in relation to the relevant employee's family or caring responsibilities). 10.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees or the employee's Union representative. 10.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employee(s) and/or the employees' Union representative. 10.16 This Clause is to be read in conjunction with Clause 23 11. CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee must convene within 6 months of commencement of agreement and as required by either party, with 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: CEEZEE (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 13 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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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. ili. diversity in employment. iv. the consideration of employment of local labour for work in regional areas. V. the consideration of employment of persons with appropriate skills vi. and experience to carry out the duties of Union Delegate and Health vii. & Safety Representative on a particular major construction project viji. and within the context of the Employer's business and their ix. expectations; and X. site amenities. e) For clarity, nothing in this clause shall operate to: i. remove the right of an employee to choose their own representative; ii. impact the provisions of the Work Health and Safety Act, including iii. those dealing with the election of Health and Safety Representatives; impact an employee's right to be, or not be, a member of an industrial association. 14 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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These matters shall be communicated to the employees prior to consultation occurring in accordance with this clause. Should a dispute arise with respect to this clause, including any of the above matters it shall be dealt with in accordance with the Disputes Settlement procedure. 12. DISPUTES RESOLUTION PROCEDURE This Agreement recognises the union as a legitimate representative of the employees covered by this Agreement. However, employees are free to be represented or not represented by industrial associations. 12.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. The parties to this Agreement are committed to complying with the terms of this procedure. Disputes relating to any of the following must be dealt with according to the procedure in this clause: any matter arising under this Agreement. · the NES; and . any matter pertaining to the relationship between the employer and the employees. Provided that nothing in this clause prevents a party to the dispute from applying to a court for orders in relation to contraventions of civil remedy or penalty provisions. Procedure Disputes will be dealt with according to the following procedure. Step 1-Workplace level . In the first instance, the parties to the dispute will take genuine steps to try and resolve the dispute at the workplace level. Step 2-Referral to the FWC If a party to the dispute refers the Decision for review to the FWC, all parties to the dispute irrevocably consent to the FWC dealing with the dispute, including by arbitration. The FWC may deal with the dispute by conciliation, arbitration, or by the exercise of any of its other powers under the FW Act, or by any combination of methods. . If the FWC deals with the dispute by arbitration: . by a single member of the FWC and makes an arbitral award (FWC Decision): 15 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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any party to the dispute (or its representative) may, within twenty-one (21) days after the date of the FWC Decision, appeal to a Full Bench of the FWC; if no party appeals from the FWC Decision within the period stated in above, that FWC Decision will be final and binding on the parties to the dispute. by a Full Bench of the FWC and makes a decision, the decision will be final and binding on the parties to the dispute. Steps available in the event of non-compliance by a party · If any party to the dispute fails or refuses to comply with or participate in Step 1 of this clause, any other non - breaching party to the dispute (or its representative) may, in its absolute discretion: - · refer the dispute to the FWC to deal with the dispute by conciliation, arbitration, or by the exercise of any of its other powers under the FW Act, or by any combination of methods. Enforcement - Finality of a Decision . Subject only to the rights of review / appeal expressly provided for in this clause, a Decision or an FWC Decision is final and binding and may be immediately enforced. Enforcement of a Decision · All parties to a dispute must comply with, and give effect to, any Decision or FWC Decision. . A party to a dispute that fails to comply with, or give effect to, a Decision or FWC Decision, contravenes this clause. . The parties agree that: (a) any Decision or FWC Decision may be enforced by an action seeking appropriate remedies (including, but not limited to, payment of a debt, damages, or specific performance) in any court of competent jurisdiction; and (b) interest will accrue on any sum payable under a Decision at the rate prescribed from time to time in respect of pre-judgment interest under the Rules of the Federal Court of Australia. Status quo . While the dispute is being dealt with in accordance with the procedure in this clause: · the parties will maintain the status quo existing immediately prior to the subject matter of the dispute arising. Neither party will engage in any 16 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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industrial stoppages, bans and or limitations. Work shall continue in accordance with the status quo unless an employee has a reasonable concern about an imminent risk to their health or safety; however . the employer may direct an employee to perform other available work at the same workplace, or at another workplace, on the same terms and conditions of employment, if it is reasonable to do so to protect the health, safety or welfare of employees. . For the avoidance of doubt, "Maintain the status quo" means that the action giving rise to the dispute will be withdrawn, and the situation immediately prior to the action giving rise to the dispute will apply until the dispute is resolved. Employee participation and representation Employees are entitled to a representative of their choice, including a Union representative, for the purposes of this clause. Employees to whom a dispute directly relates and who are necessarily required to participate in the procedure provided for in this clause are entitled to do so without loss of pay. · Employees who are required to attend as a witness in an arbitration are entitled to do so without loss of pay. · In the event that the parties to the dispute fail to agree on the identity or number of persons who qualify under this clause, the question will be determined by the FWC as part of the dispute. 13. PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS This procedure shall be followed in good faith and without unreasonable delay. If an issue is not settled by observance of this procedure, or if the procedure is disregarded by either party, the matter will be dealt with in accordance with Clause 12 - Disputes Resolution Procedure of this Agreement. Nothing in this Agreement shall take precedence over the WHS Act Parties To The Resolution Of Issues The employer must nominate management representatives who are responsible for dealing with specified health and safety issues, and must, so far as is practicable: - notify the employees of the nominations in the manner that is, and in the languages that are, appropriate; and · notify in writing the health and safety committee of the nominations. 17 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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At any stage in the resolution of an issue, any party may call in the employee / employer representative or advisor to assist the parties to resolve the issue. If the person invited to assist the parties is a building association official, that building association official must personally hold a valid right of entry permit under the FW Act to enter premises where construction work is performed. Procedure For Reporting Issues If an employee wishes to raise a health and safety issue in a workplace, that employee must report it to the health and safety representative or the employer's supervisor. If the health and safety representative is not able to be contacted, an employee wishing to raise a health and safety issue in a workplace, must report it to the employer's safety supervisor or another employer representative. An employee may take all steps that are necessary, including leaving the employee's part of the workplace, to report an issue. If the employer identifies a health and safety issue it may report it to the health and safety representative. Procedure For Resolving Issues . As soon as possible after an issue has been reported, the employer's safety supervisor or another management representative and the health and safety representative must meet and try to resolve the issue. The resolution of the relevant issue must take into account any of the following factors that may be relevant: whether the hazard or risk can be isolated. the number and location of employees affected by it. whether appropriate temporary measures are possible or desirable. whether environmental monitoring is desirable. the time that may elapse before the hazard or risk is permanently corrected. who is responsible for performing and overseeing the removal of the hazard or risk. If any party involved in the resolution of the issue requests, the details of the issue and all matters relating to its resolution must be set out in writing by the employer to the satisfaction of all parties. 18 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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. As soon possible after the resolution of an issue, details of the agreement must be brought to the attention of affected employees in an appropriate manner. Direction To Cease Work . an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an employer; and the issue concerns work which involves an immediate threat to the health or safety of any person; and given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in procedure for reporting issues of this clause. the employer or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease. During any period for which work has ceased in accordance with such a direction, the employer may assign any employees whose work is affected to suitable alternative work. Inspector May Be Requested To Attend Workplace · If an issue is not resolved in procedure for reporting issues of this clause, within a reasonable time, or an issue is subject of a direction under direction to cease work of this clause that work is to cease, any of the parties attempting to resolve the issue may ask the relevant health and safety authority to arrange for an inspector to attend at the workplace as soon as practicable to enquire into the issue. If: . the inspector issues a prohibition notice; or . otherwise determines that there was reasonable cause for employees to be concerned for their health or safety, an employee who, as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period if relocation is not available. Rectification Of Safety Hazard Where, because of the existence of a safety hazard, a site has been stopped for a defined period of time and employees sent off site by agreement between Site Managers and any combination of Employee Representative/s, Health and Safety Committee, those people who remain on site to do rectification work will be paid at the rate of double time for all such work. 19 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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. This would not be applicable on normal housekeeping work or where a section of the site has been declared unsafe and normal rectification occurs whilst the remainder of the site carries on working. It is agreed that any 'housekeeping' work performed on projects is to be paid at single time rate. PART 3 - TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 14. Daily Employment a) Except as provided in 15, employment will be daily hire. Any Employee not specifically engaged as a casual employee will be deemed to be employed by daily hire, excluding apprentices. b) The following provisions will apply to daily hire employees: (i) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited. (ii) Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work. (iii) A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and (iv) Nothing in this clause will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty. 15. Casual Employment The employer will not engage an employee as a casual employee merely to avoid an obligation under this Agreement. An Employee must not be engaged and re-engaged to avoid any obligation under this Agreement. A casual Employee will be employed subject to each of the following terms: (i) A casual Employee will be engaged for a minimum period of 3 consecutive hours on each occasion. (ii) A casual Employee for working ordinary time will be paid 125% of the hourly rate prescribed in Appendix 1, and all relevant allowances, for each hour so worked. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays, personal leave, rostered days off, , compassionate leave payments, prescribed for other Employees in the Agreement. (iii) A casual Employee, other than an irregular casual Employee, who has been engaged by the Employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment 20 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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converted to full-time or part-time employment if the employment is to continue beyond the conversion process. (iv) The Employer must give the Employee notice in writing of the provisions of this clause within four weeks of the Employee having attained such period of six months. The Employee retains their right of election under this clause if the Employer fails to comply with this subclause. (v) A casual Employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time employment is deemed to have elected against any such conversion. (vi) A casual Employee who has a right to elect under clause 15 (iii), on receiving notice under clause 15(v) or after the expiry of the time for giving such notice, may give four weeks' notice in writing to the Employer that they seek to elect to convert their contract of employment to full-time, and within four weeks of receiving such notice the Employer must consent to or refuse the election but must not unreasonably so refuse. (vii) Following such Agreement being reached, the Employee converts to full-time employment. (viii) Once a casual Employee has elected to become and has been converted to a full-time Employee, the Employee may only revert to casual employment by written Agreement with the Employer. (ix) Where, in accordance with Clause 15 (vi) an Employer refuses an election to convert, the reasons for doing so must be fully stated to and discussed with the Employee concerned and a genuine attempt made to reach Agreement. (x) For the purposes of this clause, an irregular casual Employee is one who has been engaged to perform work on an occasional or non- systematic or irregular basis. 16. EMPLOYER AND EMPLOYEE DUTIES An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement. 17. TERMINATION OF EMPLOYMENT 17.1 Notice of termination is provided for in the NES. The notice provisions of the NES do not apply to a daily hire employee working in the building and construction industry. 17.1.2 Apprentices Termination will be as per Clause 22.12. 21 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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17.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this Agreement or the NES. 18. REDUNDANCY SCHEME 18.1 Participation in Redundancy Scheme a) The employer will participate in the PPTEF Redundancy Scheme or other equivalent Redundancy Scheme as agreed between the employer and employees and make contributions to the Scheme in accordance with this clause for each employee and the PPTEF deed (or other equivalent deed) to provide for the payment of redundancy benefits to the employees. Contributions will continue whilst an employee is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, workers compensation up to 26 weeks as per the PPTEF deed (or other equivalent deed), or other paid leave. b) The benefits to be provided to the Employees shall be equivalent to the benefits provided by an Approved Worker Entitlement Fund (ATO Approved Fund) that is administered and/or managed by Redundancy Payment Central Fund Ltd (Incolink). c) Where the PPTEF Redundancy Scheme is not used, the particular Redundancy Scheme to receive the employer's contributions shall be agreed between the majority of employees and the employer. Any ATO Approved Fund that is administered and/or managed by Incolink shall be taken as agreed to by the majority of employees and the employer for the purpose of this clause. d) For the purpose of clause (c) once Incolink has notified the employer of the relevant ATO Approved Fund (Incolink Responsible Fund) the employer will enrol to become a member and will enrol all the employees of the employer within the scope of this Agreement in the Incolink Responsible Fund in accordance with the constituting documents of the Incolink Responsible Fund. The employer must abide by and pay contributions to that Incolink Responsible Fund on behalf of each employee in accordance with the constituting documents of the Incolink Responsible Fund. The employees enrolled shall be entitled to redundancy benefits in accordance with the terms of the Incolink Responsible Fund's trust deed. e) Where the employer is already a member of an ATO Approved Fund of which 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. 22 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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f) If Incolink nominates any other ATO Approved Fund the employer shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other ATO Approved Fund. g) In all cases the redundancy payments which the employer is liable to pay are whichever are the greater of the entitlement of the employee as per Clause 20.3 and the entitlement of the employee under relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund trust deed (or under the constituting documents of any other ATO Approved Fund nominated by Incolink pursuant to its trust deed). h) References in this Clause to relevantly the Incolink Responsible Fund or the Appropriate Incolink Fund include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which meets the requirements of relevantly an Incolink Responsible Fund or an Appropriate Incolink Fund. 18.2 Definition For the purposes of this clause, redundancy means a situation where an employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning. 18.3 Redundancy Pay A redundant employee will receive redundancy/severance payments in respect of all continuous service with the employer, calculated as follows: Period of continuous service with an employer Redundancy/Severance Pay 2.4 weeks' pay plus, for all service 1 year or more but less than 2 in excess of 1 year, 1.75 hours pay Years per completed week of service up to a maximum of 4.8 weeks' pay 4.8 weeks' pay plus, for all service 2 years or more but less than 3 in excess of 2 years, 1.6 hours pay Years per completed week of service up to a maximum of 7 weeks' pay 7 weeks' pay plus, for all service in 3 years or more but less than 4 excess of 3 years, 0.73 hours pay Years per completed week of service up to a maximum of 8 weeks' pay 4 years or more 8 weeks' pay (a) Provided that an employee employed for less than 12 months will be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee. (b) Week's pay means the ordinary time rate of pay at the time of termination for the employee concerned. 23 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(c) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement will be paid to the estate of the employee. (d) Any period of service as a casual will not entitle an employee to accrue service in accordance with this clause for that period. (e) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months. (f) Contributions paid by the employer under this clause will be paid in accordance with the requirements of the Scheme's trust deed. (g) Upon termination the employee will, depending on the Scheme's trust deed, be paid directly by the Scheme. (h) For the purpose of meeting its obligations under this clause the employer will make the contributions set out in clause 20 above on a monthly basis in respect of each employee covered by this Agreement to the Scheme. (i) Where an employee is entitled to a payment by the Scheme under clause 20 and an entitlement under the provisions of this clause would be greater, then the employee will receive the difference between the amount due under clause 20 and the amount due under this clause, but not both. 18.4 Redundancy Pay Schemes (a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under this clause, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer's redundancy pay obligation under this clause, subject to the following conditions (b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer's contribution to the fund against its redundancy pay obligation under this clause. If the proportion so calculated is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. (c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under this clause and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer's redundancy pay obligation under this clause the obligation will be fully satisfied. 24 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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The redundancy pay scheme must be endorsed as an Approved Worker Entitlement Fund under Division 426 in Schedule 1 to the Taxation Administration Act 1953 (Cth). 18.5 Employee Leaving During Notice Period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 18.6 Transfer Of Business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) The continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and )The period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. 19. SHAM CONTRACTING 19.1 The parties to this agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 19.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 19.3 In this clause, "Sham Contracting" is where. a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for 25 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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services under which the individual performs, or would perform, work as an independent contractor. b) An employer dismisses, or threatens to dismiss, an individual who is an employee of the employer and performs particular work for the employer in order to engage the individual as an independent contractor to perform the same, or substantially the same, work under a contract for services; or c) An employer employs, or has at any time employed, an individual to perform particular work makes a statement that the employer knows is false in order to persuade or influence the individual to enter into a contract for services under which the individual will perform, as an independent contractor, the same, or substantially the same, work for the employer. 19.4 Clause 19.3a does not apply if the employer proves that, when the representation was made, the employer did not know and was not reckless as to whether the contract was a contract of employment rather than a contract for services. 19.5 Any use of sham contracting is a breach of this agreement. 19.6 Where a sham contracting arrangement has been reasonably alleged and is unable to be resolved at the workplace level, any party may refer the allegation directly to the FWC for conciliation and/or resolution under clause 12 of this agreement. All parties will cooperate with the requests of the FWC including requests to provide substantiating information or undertaking an independent audit of their arrangements. For the avoidance of doubt, an effected employee may appoint a representative in relation to such matters. 19.7 Where the sham contracting allegation exists on the employers' project or workplace, the employer will make itself available to assist in the dispute resolution procedure. 19.8 Where it is agreed or determined by the FWC that a sham contract was in place and the person was in fact an employee under this agreement, the calculation for backpay will be calculated on the basis of the hourly rate contained in this agreement plus site allowance and an additional 85% loading to cover entitlements other than CBUS and Redundancy Fund Payments. Any difference between the hourly rate paid to the employee, plus CBUS and Redundancy Fund Payments will form the settlement for the breach of this clause. The affected employee will be re-inducted and fully informed of their entitlements under this agreement and the FWA. 19.9 The employer must ensure that a person engaged to undertake work as an employee is lawfully entitled to be so engaged under Australian law. 19.10 Companies Will Not Engage Labour Hire. 26 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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PART 4 RENUMERATION AND PAYMENT OF WAGES 20. PAYMENT OF WAGES 20.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. 20.2 Particulars of details of payment to each employee will be provided in a statement issued to the employee at the time payment is made and will contain the following information as required by regulation or under The Fair Work Act 2009 (as amended): i. employer's and employee's name ii. iii. employer's Australian Business Number (if applicable) pay period iv. date of payment V. gross and net pay vi. the ordinary hourly rate vii. Balance of accrued RDO hours viii. Accrued sick leave ix. Accrued annual leave hours X. Income protection payments xi. Redundancy contribution xii. the number of hours worked at that rate xiii. the total dollar amount of pay at that rate xiv. any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee's ordinary hourly rate xv. the pay rate that applied on the last day of employment Any deductions from the employee's pay, including: a. the amount and details of each deduction, b. the name, or name and number of the fund / account the deduction was paid into i. any superannuation contributions paid for the employee's benefit, including: a. The amount of contributions made during the pay period (or the amount of contributions that need to be made), b. The name and / or number of the superannuation fund the contributions were made to. 27 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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20.3 An employee whose service is terminated shall be paid the full amount of wages, redundancy and accrued payments due, at the next full pay period. 20.4 Time and Wages Records In accordance with statutory requirements, the Employer shall keep or cause to be kept a time and wages record for each employee. The employer will provide access to these records to the employee if requested. Upon termination, employees who use a Company email or when payslips are kept electronically in the Employers portal will be provided electronically or a hard copy of all pay slips upon request. 21. SUPERANNUATION 21.1 The level of contributions paid on behalf of each employee will be in accordance with the table below Current Rate 11% 1st April 2024 11% 1st April 2025 11.5% 1st April 2026 12% 1st April 2027 12% 21.2 Superannuation will be paid on all ordinary time earnings, RDO's, Travel Allowance, Site Allowance, Productivity Allowance, Leading Hands allowances, and all allowances specifically covered by the Superannuation Guarantee Charge (SGC) 21.3 The Employer will contribute on behalf of each Employee the SGC of Ordinary Time Earnings into CBUS or another complying MySuper fund as required by the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA). Subject to the SGAA, CBUS shall be the default fund in the event an Employee fails to nominate another complying MySuper fund. 21.4 The Employer will provide each employee with a copy of a form provided by CBUS that enables the employee to give written notice to the Employer that CBUS is their chosen fund, together with factual information approved by the Union and CBUS to enable the employee to exercise this choice. This will be provided: (a) on or before commencement of their employment. (b) if the Employer is notified by the ATO that the employee has stapled fund; and (c) at other times as required or requested. 21.5 The Employee will be given a reasonable opportunity to nominate CBUS as the Employee's chosen fund. If the Employer does not receive written 28 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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notice from the Employee indicating their choice of fund within a reasonable timeframe, and no later than 28 days of commencing employment, then the Employer will provide the above information again to the Employee along with a standard choice form specifying CBUS as the nominated default superannuation fund. 21.6 The employer will, as part of the induction process for all new employees, provide each new employee with written information provided by the Union and/or CBUS about superannuation, choice of fund and the specific benefits of construction industry focussed superannuation funds for employees covered by this agreement. 21.7 Absence From Work (a) Subject to the governing rules of the relevant superannuation fund, the Employer will make the superannuation contributions provided for in Clause 21.3 in the following circumstances: (b) Paid Leave Contributions will continue whilst a member of a Fund is absent on paid annual leave, sick leave, for the purposes of taking long service leave, public holidays, jury service, bereavement leave, or any other paid leave. (c) Unpaid Leave Contributions will not be required in respect of any period of absence from work without pay of one day or more. (d) Work Related Injury Or Illness In the event of an eligible Employee's absence from work (subject to maximum of 52 weeks) of the Employee due to work related injury or work-related illness, contributions at the normal rate will continue for the period of the absence provided that: - The member of the fund is receiving workers compensation payments or is receiving regular payments directly from the Employer in accordance with statutory requirements or the provisions of this Agreement; and the person remains an Employee of the Employer. 21.8 EMPLOYEE CONTRIBUTIONS (a) The Employee can elect to salary sacrifice part or all of his or her wages or other allowable entitlements into a superannuation fund of the Employee's choosing provided that: i. The arrangement complies with relevant legislation and Employers policy as amended from time to time. 29 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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ii. The Employee notifies the Employer of his or her election to salary sacrifice in writing prior to the wages and/or allowable entitlements being earned or accrued by the Employee; iii. The superannuation fund is a complying superannuation fund; The amount to be paid into the superannuation fund plus any balance of wages and/or allowable entitlements is equivalent to what the Employee would have been entitled to as wages and/or allowable entitlements under this Agreement. 21.7 All Superannuation contributions under this Agreement will be paid monthly as required by the Cbus Trust Deed where applicable. PART 5 APPRENTICES 22. GENERAL 22.1 Apprentices including hosted apprentices through a group scheme and alike, will be entitled to all terms and conditions of this agreement. Rates of pay and allowances will be in accordance with the charts contained in the Appendix. 22.2 In determining the wages to be paid to an apprentice, any credit applicable to the term of the apprenticeship will be counted as part of the term of apprenticeship already completed. 22.3 Attending College/School. Apprentices will be paid all wages and allowances, including but not limited to travel and site allowance as specified by this Agreement for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes. Apprentices Attending Technical College On RDO 22.3 a An apprentice working in an establishment under a particular work cycle in accordance with this Part who attends technical college on a rostered day off, shall be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle. 22.4 Except where it is inconsistent with this clause, the provisions of the Plumbing and Fire Sprinkler Award 2010 will apply to apprentices. 22.5 Fees due to be paid by an apprentice for attending the Plumbing Trade Course shall be paid by the employer at the time such fees become due. Where an apprentice fails to complete a course of study or fails a particular subject any additional fees due to complete the course will be the responsibility of the apprentice. 30 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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22.6 All Apprentices will be enrolled and attend the PICAC Glenwood Training Centre. 22.6 RDO's / Public Holidays In addition to the provisions otherwise provided in this agreement where Public Holiday or RDO falls on a day on which the apprentice is required to attend and does attend technical college or registered training organisation), the next working day shall be taken in lieu of the public holiday / rostered day off unless an alternative day in that four-week cycle is agreed between the apprentice and the employer. 22.7 Any disputes arising out of the provisions of this clause shall be dealt with through the dispute settlement procedure. 22.8 The provisions of this clause shall not apply to school-based apprentices. 22.9 An apprentice will not work under any system of payment by results. 22.10 Overtime - Apprentices a) Except in an emergency, be required to work overtime or shift work at times which would prevent their attendance at technical school or a registered training organisation. b) When working overtime, the apprentice should be under the direction of a tradesperson. a) Be paid at the overtime, meals and other penalties rates that apply under this Agreement. 22.11 Adult Apprentices a) Where a person was employed by an employer immediately prior to becoming an adult apprentice with that employer, such person will not suffer a reduction in the rate of pay by virtue of entering into a training agreement. 22.12 Termination of Employment for Apprentices An apprentice is entitled to notice of termination, unless they're: employed for a specified period, such as a training contract. · dismissed for Serious Misconduct 31 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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PART 6 HOURS OF WORK AND RELATED MATTERS 23. ORDINARY HOURS OF WORK 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 36 per week worked in accordance with the following provisions for a four-week work cycle: This Time Will Accrue As Follows: 0.8 hours (48 minutes) accrued per day worked or per day of paid leave taken; 23.2 Rostered Days Off a) The ordinary working hours shall be worked in a 10 day/ 2-week cycle, Monday to Friday inclusive with eight hours worked for each nine [9] days, and with 0.8 of an hour on each of those days accruing toward the tenth day and can be taken as a paid day off. The tenth day shall be known as the Rostered Day Off or 'RDO'. b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 6) can be worked and banked. c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours during Designated Long weekends. d) Subject to Clause 23.6, RDOs not attached to a Designated Long Weekend are paid at the ordinary time rate paid to Employees at the time of taking the RDO, and on all RDOs payment shall include the daily 'TRAVEL Allowance', and any applicable allowances as prescribed by this Agreement. e) For clarity, 26 RDOs shall be accrued by an Employee in each twelve months continuous service. f) Each day of paid leave taken and any public holiday occurring during any cycle of two weeks will be a day worked for accrual purposes. g) Upon commencement of employment, Employees who have not worked a complete ten day/two-week cycle, shall receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, RDOs will be paid in full as they occur. 23.3 RDO Schedule, Public Holidays, Designated Long Weekends and Christmas Annual Leave 32 Ventrix Pty Ltd & CEPU Plumbing Division -- NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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a) The agreed RDO calendar for the Employer (unless otherwise varied in accordance with this Agreement) is in Appendix 6 and reflects the agreed scheduling of Designated Long Weekends, Flexible Rostered Days Off, Scheduled Rostered Days Off and Christmas/Easter Annual Leave shutdown for 2024, 2025, 2026 and 2027. b) On the last day of work prior to a Designated Long Weekend, as far as practical, work shall cease by 3.30pm. 23.4 Work on Scheduled RDOs and Designated Long Weekends for projects other than Identified Projects. a) The Employer and its Employees may agree, where there is a need for genuine operational reasons, work may be carried out on Scheduled RDO/Designated Long Weekends if the Employer first consults with and agrees about the need to carry out work with the majority of the Employees. As far as practical given operational requirements, the Employer will give employees at least 7 days' written notice of any such need for work to occur so as to ensure appropriate consultation. Such requirements must be based on genuine circumstances. If 7 days' notice is not provided by the Employer then the affected Employees, in addition to accrued entitlements, shall be paid double time and a half and shall bank an additional RDO over and above the time accrued. b) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO. (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks. (iii) the Employee's family responsibilities; and (iv) any other special circumstances peculiar to the Employee. c) Except on Designated Long Weekends, in addition to accrued entitlements, such work on any scheduled RDO that is not attached to a Designated Long weekend and where notice is given in accordance with clause 23.4 a) shall be paid for at ordinary time rates of pay, including the daily 'Travel Allowance' and any applicable allowances as prescribed by this Agreement. d) On Designated Long Weekends, in addition to accrued entitlements such work shall be paid for at double time and a half, including the daily 'TRAVEL Allowance' and any applicable allowances as prescribed by this Agreement and the Employee shall bank an additional RDO over and above the time accrued. 33 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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e) All Employees who work on the Scheduled RDO will be granted an alternative RDO to another day falling within six weeks of the originally scheduled day provided that the re-scheduled RDO is to be taken on a day or days adjacent to a 'weekend or in conjunction with annual leave, or as otherwise agreed by the Employee and the Employer, such agreement not to be unreasonably withheld. 23.5 Work on Scheduled RDOs and Designated Long Weekends for Identified Projects This sub clause will apply for Work on Scheduled RDOs and Designated Long Weekends for Identified Projects that are structured over a 5-day, Monday to Friday working week. Hours of Work The provisions of Clause 23.1 of the Agreement apply. Overtime a) It is the intention of the Employer and Employees that excessive overtime will not be worked. b) To this end the general standard of weekly hours will usually not be more than 50 hours per week, which shall be taken to mean not more than 10 hours per day Monday to Friday, for an individual Employee. The aforesaid 'usual weekly hours' of the affected Employees may by agreement be exceeded from time to time to perform works which the Employer considers necessary and to meet operational requirements, including but not limited to the need to perform works which are critical to the ongoing productivity or safety of other employees on the project or where a critical work task is delayed due to unforeseen circumstances. c) Reflecting this intention, it is recognised that the Employer is not restricted as to the setting of daily hours within the 50-hour general standard. d) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: (i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee's ability to work safely and/or create a danger to Employees; or (ii) the Employee's personal circumstances including any family responsibilities; or (iii) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it; or 34 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(iv) any other relevant matter. Rostered Days Off The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply with the following exceptions: i. Projects will be fully operational on all scheduled RDOs days not attached to a Designated Long Weekend (which include the Easter and Christmas shutdown periods). If an Employee works on a scheduled RDO, they will take the accrued RDO as a substitute day within prior to the next scheduled RDO from the Scheduled RDO falling in the RDO calendar. 23.6 Banking Of RDO's Where the Employer and Employee agree up to six days RDOs in a twelve-month period may be accrued for the purpose of creating a bank to be drawn upon by the Employee at times mutually agreed. Details of such banked RDOs shall be entered on to each Employee's employment records. These RDOs may be taken as a group of consecutive days or any other combination subject to reasonably notice by an Employee. 23.7 Early start By agreement between the employer and employees, the working day may begin at 6.00 am. Or at any other time between that hour and 8.00 a.m. and the working time will then begin to run from the time so fixed, with a consequential adjustment to the meal break. 23.8 Employees will be entitled to take five minutes immediately before lunch and 10 minutes before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. 23.9 Where an employee is required to undertake inductions, or any other site- specific online training after hours, they will be paid a minimum of 4 hours pay at the appropriate rates. If the induction is time stamped then the employee will only be paid for the time taken to do the inductions or any other training that may be required. 23.10 Upon ceasing employment with the Employer, Employees with RDO Accruals will receive 1 days Travel Allowance for every 7.2 Hours accrued. 24 ... WORK BREAKS 24.1 Meal Breaks There will be a cessation of work and working time within the first 5 hours of each day for the purpose of a meal on each day, of not less than 35 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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30 minutes, to be taken at a time that meets the needs of each particular project. Employees will not be required to work more than 5 hours without a rest break. 24.2 Variation Of Meal Breaks Where, because of the area or location of a project, the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work. 24.3 Daily Rest Breaks There will be allowed, without deduction of pay, a rest period of 10 minutes between 9.00 am and 11 00 am. 24.3 a One Break Per Day If for any reason only One (1) break is taken per day, any time worked after Eight (8) will be deemed as overtime and appropriate penalties rates will apply. Applicable to Monday to Friday work only. For Example: Start Time 6.00 a.m. - 30 Minute Break - penalties apply after 2 p.m. Start Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m. 24.4 Overtime Rest Breaks (a) When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee will be allowed to take without deduction of pay, a rest break of 20 minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, the employee will be allowed to take also, without deduction of pay, a rest break of 30 minutes in duration. (b) In the event of an employee remaining at work after the usual ceasing time without taking the rest break of 20 minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly. (c) For the purpose of this clause usual ceasing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause Ordinary Hours of Work. (d) Where an agreement is reached pursuant to clause 24.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work. 36 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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25. OVERTIME 25.1 Overtime Generally All overtime will be paid at the rate of double time. 25.1.2 Call-Back An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances the employee will not be required to work the full three hours if the job or jobs the employee was recalled to perform is completed within a shorter period. When an employee is recalled to work after leaving the employer's business premises prior to the expiration of a ten-hour break after ordinary ceasing time and the actual time worked on the call out does not exceed three hours, the provisions of this clause will not apply. In addition: This sub-clause will not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. 25.1.3 Working During Meal Break If the employer requires an employee to work through their normal meal break the employee will be paid at the rate of double time until the employee is allowed to take such a break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours. 25.1.4 Transport After Overtime Or Holiday Work When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 25 .. 1.5 Breaks Between Working Days An employee who works so much overtime that, between the termination of ordinary work on one day and the commencement of ordinary work on the next day, the employee has not had at least ten consecutive hours off duty between those times, or on a Saturday, Sunday or Holiday without having had ten consecutive hours off duty in the 24 hours preceding ordinary commencing time on their next 37 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. i. If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. ii. An employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least twelve hours. 26. WEEKEND WORK 26.1 All time worked on a Saturday or a Sunday will be paid for at double time of the appropriate rate. 26.2 An employee required to work on a Saturday or Sunday will be afforded at least three hours' work on a Saturday or a Sunday or will be paid for four hours on a Saturday or a Sunday at the appropriate rate. Provided with 25.1(a) that on urgent service work an employee will be paid in accordance 26.3 An employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 26.4 An employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30-minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay. 27. NIGHT SHIFT Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night, or in two shifts, day and night, the following terms and conditions will apply: 27.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 38 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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27.2 Reasonable time will be allowed for a meal or meals during such shift. 27.3 In such cases where night shifts are worked and employment continues for more than one week, employees will work five shifts per week of eight hours. Employees on shift work will accrue 0.4 of one hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift entitlement will be in accordance with Clause 23 - ordinary hours of work. This twentieth shift will be paid for at the appropriate shift rate as prescribed by this clause and the appropriate allowance under clause 14- travel. 27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) will accrue an additional 0.4 hours for each 8-hour shift worked that will accrue as an RDO entitlement in accordance with Clause 23 - Ordinary Hours of work. 27.5 Paid leave taken during any cycle of four weeks and public holidays as prescribed by clause 28 - Public holidays and holiday work will be regarded as shifts worked for accrual purposes. 27.6 Except as provided above, employees not working a complete four-week cycle will be paid accrued pro rata entitlement for each shift worked on a programmed shift off or, in the case of termination of employment on termination. 27.7 The employer and employee will agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days to be taken at or before the end of the particular contract, provided that such accumulation will be limited to no more than five such accrued days before they are taken as paid days off, and when taken those days will be regarded as days worked for accrual purposes in the particular twenty shift cycle. 27.8 Once such days have been rostered they will be taken as paid days off provided that where the employer for emergency reasons requires an employee to work on a rostered day off, the employee will be paid in addition to their accrued entitlement, penalty rates prescribed in 25.1(a). 27.9 An employee employed for less than five continuous shifts in any working week will be paid in accordance with clause 25 - Overtime, and clause 26 - Weekend Work. In cases where the employee has been employed on night shift for more than one week continuously then in such cases if the job finishes during the currency of the week's work the employer will be at liberty to terminate the engagement and will pay to such employee the rate fixed for night shift work for the time actually worked. In cases where less than a full week is worked, due to the action of the employee, the rate payable for the actual time worked will be ordinary night shift rates. 27.10 The rate of pay for night shift will be time and one half (150%). 39 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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27.11 The starting and finishing hours for night shift work will be agreed upon mutually between the employer and a majority of affected employees. The provisions relating to clause 23 -Ordinary Hours of work and Clause 51 - Annual Leave apply to employees working shift work provided that the starting time for ordinary night shift hours will not be before 3.00pm. When an employee, after having worked overtime for which the employee has not been regularly rostered or on a prescribed holiday, finishes work at a time when reasonable means of transport are not available the employer will pay the cost of or provide a conveyance to their home or to the nearest public transport. 28 PRESENTING FOR WORK BUT NOT REQUIRED An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours' work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by Clause 34 - Travel Allowance. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of Clause 29 - Inclement Weather, will apply. 29. INCLEMENT WEATHER 29.1 Inclement weather will mean the existence of abnormal climatic conditions such as rain, hail, snow, cold, high wind, smoke, severe dust storm, extreme of high temperature of 35 degrees or the like (or any combination of these) during which it is either not reasonable or not safe for employees exposed thereto to continue working. 29.2 Process to be followed: · Employees or their representative may request to meet with the employer or their representative for the purposes of determining whether or not conditions are inclement. Such meeting shall occur within 30 minutes of the scheduled starting time or the weather becoming inclement; · Employees are required to remain on the site until this meeting has occurred and a decision has been made; and . If the employer refuses to meet within this time, employees will be entitled to cease work for the rest of the day and be paid in accordance with this clause. 29.3 Once the meeting has occurred, the following shall apply: Transfers 29.4 Employees may be transferred to an area or site not affected by 40 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site, provided: a. a covered walkway and or adequate protection for the employee and their tools has been provided to access the new site or to access vehicles to transport the employees to the new site. b. the new site is under cover and the employees can get to the dry area without going through the rain. c. adequate protection for the employee's tools is provided; and d. Employees have access to all amenities without having to walk through the rain. 29.5 Where an employee is required to transfer from one site to another, they will be reimbursed the cost of transport at the rate of $0.78 per kilometer. Remaining on Site 29.6 Where, because of inclement weather, the employees are prevented from working and have been sitting in the sheds for: a. more than an accumulated total of 4 hours of ordinary time in any 1 day; or b. more than 50 percent of the normal afternoon work time after the meal break; or c. more than 50 percent of the normal afternoon work time after the meal break; or d. more than an accumulated total of one hour during the final 2 hours of the normal workday; or e. the reason that they are unable to access the amenities. 29.7 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. Rain at Starting Time or During Breaks 29.8 When the employees are in the sheds, be it at starting time, break time or lunch time, and it is raining, they are to remain in the sheds. 29.9 Employees may be required to go to work in a dry area or be transferred to another site that is not affected by the inclement weather provided: a. a covered walkway and or adequate protection for the employee and their tools has been provided. b. the sheds are under cover and the employees can get to the dry area without going through the rain; and c. employees have access to all amenities. 41 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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Employees Required to Work in Inclement Weather 29.10 The employer may only request an employee to work in inclement weather in the event of an emergency or issue affecting health and safety on site. Employees are only obliged to perform such work as is essential to overcome the emergency and to restore an acceptable service and/or to secure or make safe as circumstances require. Employees engaged on such work will be paid at the rate of double time. 29.11 Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing. 29.12 If the employee's clothing becomes wet as a result of working in wet weather and they do not have a change of dry work clothes, they will be entitled, at the completion of the work, to cease work for the day without loss of pay Entitlement to Payments 29.13 Should employees be sent home or not required to attend work due to inclement weather they shall be entitled to payment by their employer for ordinary time lost for up to, but not more than 32 hours in every period of 4 weeks. 29.14 The following conditions will apply: a. The first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at four weekly periods thereafter. b. The employee will be credited with 32 hours at the commencement of each four-weekly period. Hours will not accumulate or be carried over. c. When an employee commences employment during a four-weekly period, they will be credited eight hours for each week, or part of a week, that they are employed during the four-weekly period; and d. The number of hours credited to an employee will be reduced by the number of hours for which payment is made. 29.15 Payment under this clause will be weekly. 30. JURY SERVICE MAKE-UP PAY An employee required to attend for jury service will be entitled to have their pay made up by the employer to an amount equal to their ordinary pay for eight hours (inclusive of accrued entitlements prescribed by clause 23 - Ordinary Hours of work per day plus Travel Allowance. The employee will 42 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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give the employer proof of such attendance and the amount received in respect of such jury service. The employee must notify the Employer as soon as practicable of the date upon which their attendance is required and must provide the Employer with proof of attendance, the duration of such attendance, and the amount received in respect thereof. 31. PROTECTIVE CLOTHING 31.1 UPON COMENCEMENT Employees will be issued with Two Shirts. Within 152 Hours worked, all new employees will receive the following Protective Clothing: (a) Two (2) Long Sleeve or Short Sleeve Shirts (b) Two (2) Pairs of Trousers or Shorts or Overalls (c) One (1) Pair Boots to the value of up to $125.00 (d) One (1) Jacket 31.2 Protective Clothing shall be replaced on a fair wear and tear basis. 31.3 The protective clothing detailed above shall be divided into two issues and distributed to employees as a summer and winter issue. 31.4 Where an employee is required to wear protective clothing other than that provided for above and/or use protective equipment as stipulated by an applicable law, the employer must reimburse the employee for the cost of such protective clothing and/or equipment. This will not apply where the clothing and/or equipment is paid for by the employer. 31.5 The clothing detailed above can be varied following agreement between the employer and the consultative committee. 31.6 For Employees working Underground on road Infrastructure, the employer will supply each Employee with a Versa Flo Mask or equivalent with consultation with all parties to this agreement. 32. COMPENSATION FOR TOOLS AND CLOTHING 32.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss as may be agreed upon with their employer. 32.2 An employee will be reimbursed by the employer to a maximum of $1500 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or if the tools are lost or stolen while being transported by the employee at the employers' direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job 43 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 32.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 30 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 36.2 applies. 32.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 32.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained in Appendix 5. (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. (c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the Employer and the police prior to making a claim on the employer for replacement of stolen tools. 33. TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Employer will, as part of this Agreement take out a Top Up, 24 hr. accident and sickness insurance with Windsor Management Insurance Brokers Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the Employer will not exceed $26.00 per week. PART 7 ALLOWANCES 34. TRAVEL ALLOWANCE 34.1 Employees will be entitled to a travel allowance in accordance with this clause to compensate for travel patterns and costs peculiar to the industry which include mobility/construction and related industries. 44 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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34.2 Travel allowance will be in accordance with the charts contained at Appendix's. 34.3 An employee will be paid travel on RDOs. a) The travelling allowances are daily allowances where the employee is required to: (i) start or finish work at a job site. (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. 34.4 Transfer Between Job Sites During Working Hours a) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. b) Where the employer requests an employee to use their own vehicle to affect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 34.5 Standard Travelling Time Allowance The standard travelling time component is an amount based on travel within the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. 34.6 Mileage Allowance For Travel Beyond Defined Radius a) An employee entitled to the additional travelling time allowance beyond the defined radius under clause 34.5 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the b) combined distance from the defined radius to the job site and return to the defined radius. c) 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. 45 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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35 SITE ALLOWANCE Site allowance will be paid for all hours worked in Sydney, ACT, Central Coast & Wollongong and all other areas. This Includes Workshop Pre- Fabrication, Apprentices attending Vocational Training, Employees Attending Training courses and any Training attended by the employee as per the Appendix 1 and 2, 36. MATRIX - PROJECTS IN EXCESS OF 1 BILLION For projects with a value in excess of $1 billion, Employees will receive an additional site allowance of 15 cents for every $100 million or part thereof. This is an additional allowance on top of any other applicable allowances. 37. EMPLOYEE ACTING ON WELDING CERTIFICATE An employee who is requested by the employer to hold the relevant qualifications required by the various State Government bodies, or other relevant authorities for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by the employer to act on such qualifications, will be paid an 46 cents per hour for oxy-acetylene welding and $1 per hour for electric welding for every hour of employment whether or not the employee has in any hour performed work relevant to those qualifications held. 38. MEALS WHEN WORKING OVERTIME An employee required to work overtime for at least 1.5 hours after working ordinary hours will be paid by their employer an amount in the table below to meet the cost of a meal, plus an additional meal allowance for each subsequent four hours worked. The employer may provide a meal or meals instead of paying any such allowance. Current Rate $12.47 1st April 2024 $15 1st April 2025 $20 1st April 2026 $20 1st April 2027 $20 39 LEADING HAND ALLOWANCE 1-10 employees = $35 per week. 10 + employees = $55 per week. 40. HOT WORK a) An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius will be Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 46
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paid an additional $1 or part thereof; with an additional $1 or part thereof, where the temperature exceeds 54 degrees Celsius. b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 16.4(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 16.5(a). 42. LIVING AWAY FROM HOME - DISTANT WORK 42.1 Qualification An employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the employee cannot reasonably return to that place each night. 42.2 Employee's Address: At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) The employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees. 42.3 Entitlement Where an employee qualifies under 42.1 the employer will either: a) Provide the employee with reasonable board and lodging to a standard of no less than 3-star accommodation, with two meals daily, being breakfast and dinner, and an out-of-pocket allowance of $50.00 per day, or 47 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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b) Pay an accommodation allowance of $150.00 per day, and an out-of- pocket allowance of $50.00 per day, but such allowances will not be counted as wages. The foregoing accommodation allowance will be increased if the employee can satisfy the employer that the employee reasonably incurred a greater outlay than that prescribed in clause 17.3 42.4 Travelling Expenses An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 34 - Travel, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: Forward Journey a. For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). b. For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. c. For any meals incurred while travelling at $10.97 per meal. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. Return Journey a. An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 17.4(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. 48 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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42.5 Daily Travel Allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 14 - Travel. 42.6 Week-end Return Home An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or their representative, no later than Tuesday of each week, of an intention to return to their usual place of residence at the weekend and who does return for the weekend, will be paid an allowance of $28.00 for each occasion. 42.7 Construction Camps Camp and Caravan Accommodation Where an employee is engaged on the construction of projects which are located in areas where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp or caravan accommodation the employer must reimburse all costs associated with the employee arranging and providing such camp or caravan accommodation. This clause will not apply where the employer provides appropriate camp or caravan accommodation. Camping Allowance An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $144.16 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.67 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer's approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. Camp Meal Charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 49 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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42.8 Rest and Recreation Rail or Road Travel (i) An employee who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous service and thereafter at three monthly periods of continuous service return to their usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (ii) The entitlement under 17.8.(i) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due, of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the employer). Variable Return Home In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual- entitlements. No Payment for Unused Fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. Flexible Rostered Day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 23 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 17.8, or at the end of the project, or on termination whichever comes first. 50 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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42.9 Termination An employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or will be paid as if employed up to the end of the ordinary working day before transport is available. 43. AGREEMENT AWARENESS COURSE All Parties covered by this Agreement are all stakeholders in the Plumbing and Construction Industry. Stable working environment and harmonious relations are required to improve the relationship between the Employer, the Employee's. All stakeholders benefit from industrial harmony which leads to increase productivity. Accordingly, all employees covered by this Agreement will be encouraged to undertake an Agreement Awareness course (AAC) before 1 April each year commencing as of 2026. The training will be facilitated by one of the agreed training providers listed below. For the purposes of this clause the agreed training providers that are as follows: i. CEPUTEC; ii. Plumbing And Pipe Trades Employees Union NSW Branch; and iii. PICAC Training. The aim of the training is to ensure that the Employees covered by this Agreement have an understanding of the following provisions of this agreement: i. Key Objectives. ii. Scope & Application. iii. Commitments. The AAC may be delivered online or face to face. The method of delivery of the AAC will be determined by the relevant training provider. Each Employee who successfully completes the AAC must be issued with a statement of attainment on successful completion of the AAC. The statement of attainment will be valid for a period of twelve (12) months only, Between the 1st April and 31st March the following year. From 1st April 2026, an Allowance will only be payable to those employees who have successfully completed the AA course and submitted to the Employer a copy of the statement of attainment. this statement of attainment s valid only for the period 1st of April until the 31st March of the following year. 51 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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There will be no retrospective payments of the allowance listed below. The cost of the course and time to undertake the course will be the responsibility of the Employee. The AAC Productivity Allowance from the 1st of April 2026 will be $3.50 per hour for all hours worked, From the 1st of April 2027 the Productivity Allowance will be $4.20 for all hours worked. 44. UNDERGROUND INFRASTRUCTURE ALLOWANCE From the 1st of April 2024, an infrastructure allowance of $2.50 for all hours worked shall be paid to those employees engaged on Underground Road Infrastructure and rail projects. The infrastructure allowance will be paid in addition to the Site Allowance as contained in this agreement. Apprentices shall be paid Infrastructure allowance. All employees engaged on Underground Road Infrastructure and rail projects will be eligible for this allowance, including any work on the surface and enabling works. PART 8 LEAVE AND PUBLIC HOLIDAYS 45. PUBLIC HOLIDAYS AND HOLIDAY WORK An employee will be entitled to the following holidays without deduction of pay: New Years' Day Anzac Day Australia Day King's Birthday Good Friday Labour Day Easter Saturday Christmas Day Easter Monday Boxing Day Further, an employee will be entitled to any State Act or State declared substitute days or additional days as observed in the particular state or locality. Where the business is situated near a state or territory border and the employer's operations traverse the border, the employer may elect to follow a particular state or territory's public holidays, subject to agreement with the affected employees. In addition to the above-mentioned holidays the following public holiday will apply in the City of Newcastle - Show Day. This public holiday will be observed on the local Show Day as gazetted for the City of Newcastle 52 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day. 45.1 When Public Holidays Fall On A Weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. (d) By agreement between an employer and the majority of employees' other days may be substituted for the days prescribed in Clause 28. 45.2 Termination (a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven-day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 45.4 Payment For Working On A Public Holiday An employee who works on any of the public holidays or substitute days prescribed in this clause will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours' work or paid for four hours at the appropriate rate. 46. PERSONAL LEAVE 46.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). Paid personal leave will be available to an employee when they are absent due to: 53 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(i) personal illness or injury (sick leave); or (ii) providing care or support to a member of the employee's immediate family or a member of the employee's household who requires care or support because of: · a personal illness or injury, or · an unexpected emergency affecting the employee (carer's leave). 46.2 The amount of personal leave to which an employee is entitled is as follows: (a) One day in the first month and then one additional day at the beginning of each of the next nine calendar months, will be available in the first year of employment, and (b) Ten days at the beginning of the employee's second and each subsequent year which, subject to 46.5 will commence on the anniversary of engagement. (c) An employee's personal leave entitlement is the current year's personal leave plus any accumulated personal leave available to the employee. 46.3 In any year unused personal leave accumulates at the rate of the lesser of: (a) Ten days less the number of sick leave and carer's leave days taken from the current year's personal leave entitlements. (b) The balance of that year's unused personal leave. 46.4 Personal leave accumulates from year to year. 46.5 If an employee is terminated by the employer and is re-engaged within a period of six months, then the employee's unclaimed balance of personal leave will continue from the date of re-engagement. 46.6 In such a case the employee's next year of service will commence after a total of twelve months has been served with the employer (excluding the period of interruption in service) since either: (a) The employee was first engaged, or (b) The anniversary of their original engagement as appropriate. 46.7 Immediate Family Or Household (a) The entitlement to use personal leave for the purpose of carer's or bereavement leave is subject to the person in respect of whom the leave is being taken being either: (i) a member of the employee's immediate family; or 54 Ventrix Pty Ltd & CEPU Plumbing Division -- NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(ii) a member of the employee's household (b) The term immediate family includes: )spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the same or opposite sex to the employee who lives with the employee as husband or wife on a bona fide domestic basis; and (ii) child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 47. CARER'S LEAVE The provision of carer's leave under this agreement shall be in accordance with the National Employment Standards (NES). 48. COMPASSIONATE LEAVE The provision of Compassionate leave under this agreement shall be in accordance with the National Employment Standards (NES). 49. PARENTAL LEAVE The provision of parental leave under this agreement shall be in accordance with the National Employment Standards (NES). 50. LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE The provision of Family and Domestic Violence Leave under this agreement shall be in accordance with the National Employment Standards (NES). 51. ANNUAL LEAVE 51.1 The provision of annual leave under this agreement shall be in accordance with the National Employment Standards (NES). 51.2 Method Of Taking Leave (a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays will be given and taken within six months from the date when the right to annual leave accrued. The employer and employee will seek to reach agreement on the taking of annual leave at a mutually convenient time(s). If not taken within six months from the date it accrued, either the employer or employee may give at least four weeks' notice of the dates when all or part of the accrued leave will be taken. 55 Ventrix Pty Ltd & CEPU Plumbing Division -- NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) (d) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of 29.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it. 51.3 Leave Allowed Before Due Date (a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot take further leave in advance of their accrued balance until after the date the employee becomes entitled to the leave that was taken in advance. (b) Where an employer has allowed an employee to take annual leave pursuant to 29.2(a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one-fifty second of the amount of wages paid on account of annual leave. 51.4 Payment For Annual Leave On Termination (a) Rate of pay: Where an employee leaves or their employment is terminated, the employee will be paid their accrued balance of annual leave. (b) Annual leave loading: In addition, the employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix's Rates of Pay. 51.5 Payment For Periods Of Leave (a) Payment in advance An employee, before going on annual leave, will be paid in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave. 56 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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(b) Annual leave loading In addition, during a period of annual leave an employee will receive a loading of 17.5 percent calculated on the hourly rate in the Appendix. 51.6 Annual Close Down Despite anything contained in this agreement an employer giving any leave in conjunction with the Christmas - New Year holidays may either: (i) Stand off without pay during the period of leave any employee who has not yet qualified under 51.1, or (ii) Where the employer decides to close down an establishment at the Christmas - New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of employees qualified for such leave, the employer will give at least two months' notice to employees of their intention so to do. 51.7 Commencement Of Leave - Distant Jobs If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or, if employed prior to going to the distant job, the place regarded as their headquarters, by the first reasonable means of transport, their annual leave will commence on the first full working day following their return to such place of engagement or headquarters as the case may be. 52. FAMILY PICNIC DAY All employees covered by this Agreement will be entitled to Family Picnic Day without loss of pay on the first Monday in December of each year. An employee required to work on picnic day will be paid at the rate of double time and a half and paid for not less than four hours' work. Proof of attendance at the Picnic Day will be required by the employer to entitle the employee for payment for the Family Picnic Day. PART 9 POLICIES 53. HEAT POLICY The parties recognise the risk to worker health caused by exposure to high temperatures in the work environment. To reduce the potential for heat related illness, the parties agree to the following heat policy. Workers should be alerted to possible extreme or excess heat conditions by the Employer, HSR and/or the WHS Committee before commencing work or as soon as practicable after work commences. 57 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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Once the temperature reaches 35 degrees, there will be an orderly cessation of work and preparations for safe completion of critical tasks currently under way. During periods of hot weather, if there are areas of the workplace that are below 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. 53.1 Monitoring Of Temperature Temperatures shall be measured on site by a temperature gauge compliant to Australian Standards and located as agreed by the HSR and the WHS Committee. Temperatures shall be monitored during the course of the day by the Employer and the HSR. If gauges are not available - or malfunction, readings shall be taken from the nearest Bureau of Meteorology (BOM) weather station. 53.2 Humidity Humidity creates a significant risk to workers' health and safety. Consultation with workers must take place when humidity exceeds 75% to assess all risks associated with the work being performed. Things taken into account shall include: · Monitoring and improving air flow/ventilation. · The health/medical conditions of individual workers. Rescheduling work so that tasks are performed in cooler, less humid parts of the day. Job rotation to reduce the amount of direct exposure to humidity. · Provision of temporary shade and electric fans. Scheduled hourly drink breaks of approximately 5-10 minutes in shade · Provision of cool drinking water. · Provision of extra and regular work breaks in cooler areas (i.e. Air- conditioned site sheds); · Use of mechanical aids to reduce physical exertion; and · Adequate supervision. 53.3 Guide To Heat Stress Symptoms Heat illness covers a range of medical conditions that can arise when the body is unable to properly cope with working in heat. These conditions include: . Heat stroke - a life threatening condition that requires immediate first aid and medical attention. Fainting. 58 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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Heat exhaustion I fatigue. . Heat cramps. Rashes (also called prickly heat); and . . Magnifying of pre-existing illnesses and conditions. Signs and symptoms of heat illness include feeling sick, nauseous, dizzy or weak. Clumsiness collapse and convulsions may also be experienced as a result of heat illness. Workers with these signs or symptoms need to seek immediate medical attention. 53.4 Control Measures The following control measures shall be employed on site to prevent the effects of Heat Stress: Workers shall have easy access to cool, clean drinking water. . . Caffeinated drinks should be avoided as they promote dehydration. Mist busters will be deployed for dust suppression and aid in worker comfort in earthworks zones. Physical activity/tasks reduced where possible. Rotation of workers. Work in cooler parts of the day. Utilise Shaded areas Reduction of PPE, where permissible. Wear light clothing under coveralls. Individuals should seek medical advice on the effect of medication being taken and communicate with the Employer and/or the HSR if they believe necessary. In addition, rest breaks as needed by an individual. Individuals should not be discouraged from taking needed rest breaks. It is expected mandated breaks of "smoko" and lunch be adhered to; and Training. 53.5 Incident Response / First Aid Employees experiencing symptoms of heat stress must report to the first aid shed and receive medical attention. If unable to walk to the shed, normal first aid procedures will apply. 53.7 Incident Reporting All heat related incidents are to be reported to the Employer and the PCBU. After any reported heat related incident, the Employer shall immediately advise the HSR, site WHS Committee and the PCBU. The Employer must advise the HSR, site WHS Committee and PCBU of any lost time injuries, discomfort or related complaints and absenteeism related to heat. 59 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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53.8 Training All workers will be trained in mitigating and recognising heat stress illness symptoms, in themselves and others. With refresher training to take place annually. First Aiders need to be specifically trained in responding to heat related incidences. Training shall be provided by a suitably qualified organisation. 53.9 Sun Safe Tips In addition to the effects of heat, skin cancers are a major concern for workers in the industry. The Employer shall ensure the following principles are implemented: · Employees are provided with and wear a broad brim hard hat attachment including neck flap. · Employees are provided with and wear light coloured, long-sleeved collared shirts with a minimum UPF of 50+. · Employees are provided with and wear long trousers or shorts that go to the knee. · The Employer must ensure clothing is lightweight, comfortable, well ventilated and does not restrict movement. Employees are provided sunglasses that meet Australian Standards and are safe for driving. · Employees are provided with a broad-spectrum sunscreen with a minimum SPF of 30+ and lip balm. Employees are provided with portable shade where possible and are advised to work in natural shade where possible. · New employees at any site shall be informed, trained and supervised in sun safe techniques. . All building workers should have their skin checked regularly by a doctor, regardless of age; and · Employees are encouraged to monitor their skin and look out for new or unusual spots, a sore that won't heal, or a spot or mole that has changed size, shape or colour. 60 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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54 DRUG AND ALCOHOL POLICY The drug and alcohol policy contained below shall apply. · Employees shall be trained and inducted in any drug and alcohol policies that apply to them. Failure to do so shall mean that such policy cannot be used against them. · Notwithstanding the above, the following Drug and Alcohol principles shall apply: · Where practicable, self-testing shall be available for both drugs and alcohol. · Drug testing may be undertaken by oral fluid testing. The equipment used to perform the test shall be used, tested and calibrated to the manufacturer's instructions and certified to AS 4760 (Processes for specimen collection and the detection and quantitation of drug in oral fluid). In the event drug testing utilises other than oral fluid testing, the type of test must be one that establishes that that the employee has recently used (within 48 hours) drugs and is impaired in relation to the performance of their role. Alcohol testing may only be done by use of an Accredited Breath Test device. The device must be calibrated and meet the minimum requirements of AS 3547. · Drug and Alcohol testing shall not be used to unfairly target employees. 54.1 Preamble All parties in the industry are committed to the provision of safe and healthy workplaces. The attainment of this objective can be undermined by the hazardous use of alcohol and other drugs by some individuals on occasions. There are many factors which determine alcohol and other drug usage patterns. Some relate to personal and social matters. Others may relate to work culture and conditions. Research has highlighted that industry has a high level of alcohol use. This may affect Work Health and Safety. This policy aims to facilitate the implementation of practical ways in which workers themselves can address the alcohol and other drug issues which affect them, their families and co-workers. It provides guidelines which may be adapted to meet the specific conditions of different workplaces. 61 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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54. Principles Safety is paramount: · Prevention of Safety and Health problems is the primary goal of alcohol and drug policy formulation. · Policy implementation and program management is best founded on consultation and collaboration between employees and management. · Employees with alcohol and / or other drug problems will be provided with appropriate assistance, support and access to intervention program without jeopardising their employment. 54.3 Objectives · To establish a program run by and for workers, which enables alcohol and other drug issues to be addressed at the workplace. · To expand awareness of alcohol and other drug use as a Work Health and Safety issue. To enable industry factors likely to influence alcohol and other drug use (e.g. extended working hours, peer group pressure) to be recognised and addressed. . To provide a basis for health promotion in the industry. · To enable a consistent approach to alcohol and other drug issues across the industry in New South Wales. · To set out collaborative procedures for dealing with alcohol and drug issues on building and other sites. · To provide a structure to assist workers to get any help they need for alcohol and / or other drug problems, confidentially and without jeopardising their employment. To enable the development of a network of people, resources and programs managed by and sensitive to the needs of workers with alcohol and drug problems. 54.4 Goals . To have this alcohol and other drugs policy adopted for implementation in workplaces by meetings of employees. To increase knowledge amongst workers about health and safety risks associated with alcohol and another drug use. · To maintain optimum safety on site and to reduce the harmful impact of alcohol and other drug use. 62 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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· To provide education about the safe use of alcohol and other drugs. · To train and resource health and safety representatives and other relevant personnel (where appropriate) to assist co-workers who are affected by alcohol and/or other drugs. 54.5 Policy Implementation and Management · Properly constituted Work Health and Safety (WH&S) Committees or, where there is no WH&S Committee, Site Safety Supervisors / Safety Officers in conjunction with worker representatives, are the appropriate bodies to implement and administer alcohol and drug policy / programs. . For the objectives of this policy to be achieved, the full cooperation of the Employer and Employees is required. 54.6 Application of Policy The policy is to apply to all Employees and staff without distinction. 54.7 Persons Affected by Alcohol and/or Other Drugs . A person who is under the influence of alcohol and/or any other drug will not be allowed to work on site whilst he/she is incapable of performing safe work practices. · Any person who believes another person is a risk to his/her own or another's safety should advise a Health and Safety representative (HSR) in confidence. The HSR shall take appropriate action, based on his/her assessment of the situation. If the matter remains unresolved, the WH&S Committee and management in consultation with the person concerned and the person's representative will decide whether that person is capable of performing safe work practices. Disciplinary action may be taken by management following consultation with the WH&S Committee and the person's representative. If disciplinary action is to be taken, one verbal warning, one written warning shall apply. The WH&S Committee will, as a matter of course, follow up to ensure that the person is aware of the policy and resources available to people with alcohol and/or other drug problems, or other problems which may underlie them. (Where "WH&S Committee" is referred to hereafter, read "body nominated to implement policy on site"). 63 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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54.8 Rehabilitation / Counselling · If a person is undertaking rehabilitation or counselling, he/she is entitled to sick leave, negotiated leave without pay and other benefits provided for by the Agreement. · An affected person will not be disadvantaged as a result of undertaking rehabilitation or counselling. The Employer will liaise with the person's representative to enable appropriate assistance and support to be made available to him/her during and on completion of rehabilitation (with his/her permission). Confidentiality is to be maintained in all matters relating to the rehabilitation and counselling, employment arrangements etc. of individuals. 54.9 Employees At-Risk Through Medication Use Employees who are taking medication which might affect their ability to undertake any kind of work safely, should advise an HSR or the First Aid Officer, who will act immediately to eliminate the risks. No employee will be disadvantaged by his/her actions in this matter. 54.10 Education and Prevention The policy will be discussed and put forward for adoption on site at a meeting of all workers. It is the on-going responsibility of Unions and the Employer to ensure that all Employees continue to be aware of the policy and program. The WH&S Committee will assist in this process. · All relevant information shall be available on site and displayed as appropriate. From time to time the WH&S Committee, in consultation with management, may initiate relevant health and safety promotional activities in relation to alcohol and other drug use issues. 54.11 Provision of Alcohol at Social Events Where social functions are held they will be located in a hazard-free area where responsible serving of alcoholic beverages will apply. This includes provision of non-alcoholic and low-alcoholic beverages. 54.12 Role of Work Health and Safety Committee on Site · To encourage knowledge of policy and program by all workers on site. · To ensure information about the policy and program is displayed. 64 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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To ensure information relevant to alcohol and other drugs is circulated amongst workers. · To initiate and coordinate relevant health promotional activities to relation to alcohol and other drugs, in consultation with management. · To provide information and referral options to workers as requested. To be available for informal discussion with and follow-up of site employees when appropriate. · To undertake intervention and follow-up of affected persons. · To be available for discussion in regard to disciplinary action taken as a result of a person being under the influence of alcohol and/or any other drugs on site. · To follow-up persons undertaking rehabilitation to ensure that appropriate resources and support are made available when requested. · To encourage a peer support network on site. PART 10 MISCELLANEOUS 55. ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. · Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and · within three months of a new Employee commencing employment. The course and provider of the training will be agreed with the Consultative Committee. 56. STRUCTURED VOCATIONAL TRAINING 56.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the Plumbing, Mechanical Services (HVAC) and Medical Gas Industry has been integral to the efficiency and productivity of that industry. 56.2 The parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. In this regard the parties are committed to: - 65 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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· Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of Cert 3 ; and Ensuring that the trade skills required for the Plumbing, Roof Plumbing, Mechanical Services (HVAC) and Medical Gas industry will continue to be delivered through system of structured vocational training system based on sequential training through an apprenticeship (or equivalent contracts of training) to an outcome of at least Plumbing Tradesperson 56.3 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the CEPU PLUMBING DIVISION NSW BRANCH: From 1 April 2024 or on the commencement of the agreement, the employer will pay $32.55 per week per employee including apprentices covered by this agreement. 57. BUILDING LEVY The parties of the agreement agree that the trade skills required for the Plumbing, Drainage, Gas-fitting, Roof Plumbing, Mechanical Services (HVAC), Refrigeration, Medical Gas and Hydrogen industry will continue to be delivered through system of structured vocational Training Centres that requires Infrastructure and Capital Investment for the Industry which the parties are stakeholders. To facilitate ongoing Infrastructure and Capital Investment required to meet the needs for the Vocational Training Centres the Employer will pay an organisation approved by the CEPU Plumbing Division NSW Branch: (a) From 1 April 2024 - $20 per week per employee including apprentices covered by this agreement. (b) From 1 April 2025 - $25 per week per employee including apprentices covered by this agreement. (c) From 1 April 2026 - $30 per week per employee including apprentices covered by this agreement. (d) From 1 April 2027 - $30 per week per employee including apprentices covered by this agreement. 58. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE The Employer agrees to an annual audit of the Employer's compliance with this Agreement, by approved auditor Stannartds Accountants and Advisors Pty Ltd (Stannards). In the event Stannards is unable to conduct the audit, the parties shall meet and agree on an alternative auditor, who is appropriately qualified to assess the Employer's compliance with this Agreement and relevant industrial obligations. Any alternative auditor agreed by the parties to conduct the audit must hold a practicing certificate from the Institute of Chartered Accountants or a registered CPA. 66 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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The Employer will provide a copy of the annual audit report to the Union within five (5) business days of receipt, and by no later than 30 June of each year. All information provided in the annual audit report must be provided in a manner consistent with the Privacy Act 1988. The Employer will undergo an initial audit within 3 months of the signing of this Agreement. Where a compliant is made, outside the annual audit, regarding a suspected breach of pay entitlements and remuneration due to employees covered by this Agreement, it is agreed that a further audit can be requested by the Union to ensure ongoing compliance with this Agreement. All costs associated of each audit are payable by the Employer. Where evidence exists of continuing non-compliance, or significant breaches by the Employer, the Union may arrange an additional independent audit report detailing all entitlements be provided by Stannards, at the 'Employer's expense. If the Employer is identified paying 'all-in' rates it will pay and back pay the 'all-in' rate being paid to all Employees on that site plus all conditions of this Agreement for job duration. An "all-in" rate means a payment in lieu of one or more entitlements and Levy's of this Agreement. Any audit which reveals non-compliance or outstanding employee entitlements, the Employer agrees that it will immediately rectify the non- compliance or outstanding employee entitlements and provide the Union with evidence of rectification and/or payment of outstanding entitlements, within 14 days. The Employer will incur a penalty for each non-compliance at double (x2) the penalty unit amount prescribed by the ATO, for tax obligation infringements. Payment of penalties pursuant to this clause are to be paid directly to the effected employee(s). Failure to comply with the requirements of this clause, may result in the in the Union lodging a dispute with the FWC in accordance with the dispute resolution clause [insert clause no] contained in this Agreement. Provided that nothing in this clause prevents a party from applying to a court for orders in relation to contraventions of civil remedy or penalty provisions. 67 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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59. SEVERABILITY It is the intention of those covered by this Agreement that the Agreement contains only permitted matters under the FFW Act. The severance of any term of this Agreement that is, in whole, or in part, of no effect by virtue of the operation of s 253 of the FW Act shall not be taken to affect the binding force and effect of the remainder of the Agreement. To the extent it is possible, all terms should be interpreted in a manner that would make them permitted matters. 60. TRADE UNION RIGHTS AND REPRESENTATION Clauses 61.1 of this Agreement outlines the rights for Union Delegates when assisting Employees. For clarity, each Employee has the right to determine whether they wish to be represented or not. Such representatives (or individual Employees) are entitled to the protections of Division 4 of Part 3-1 of the Fair Work Act in relation to their involvement in lawful industrial activities. 60.1 Union Delegate Rights Where an Employee has been elected as a Union Delegate, the Employer will recognise the following rights: the right to be treated fairly and to perform their role without any discrimination in their employment. For the Union Delegate to represent an Employee where requested in relation to a grievance, dispute or a discussion with a member of the Union; the right to place information related to permitted matters on a notice board in a prominent location in the workplace except that the material must not breach freedom of association, privacy and other applicable laws; and . the right to paid time to attend industrial tribunals and/or courts where they have been requested to do so by an Employee (which may include themselves) whom they represent in a particular dispute in their workplace. the right to paid time to assist and represent Employees who have requested them to represent them in respect of a dispute arising in their workplace; and the right to represent the interests of members in their workplace to the Union, the Employer and industrial tribunals/courts. 68 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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the right to formal recognition that the endorsed Union delegates will speak on behalf of the Union members in the workplace. the right to paid time to attend Union endorsed training/forums which are directed to improving the skills and knowledge of the participant in the system of workplace relations. Union Delegates will receive an additional $1.50 for all hours worked and/or attending approved training. . The Employer will release from work a Union Delegate to attend 5 meetings per calendar year conducted by the Union to discuss industry related matters. Union Delegates will be paid their ordinary hourly rate, including all allowances, applicable site allowance paid for the site engaged on at the time of training. 60.2 Training Sufficient notice (at least a week or less by agreement) of the time and nature of the training/seminar/forums shall be given to the Employer to enable agreement for employees to attend these courses, seminars or forums. Union delegate / Employee Representatives will be paid their ordinary hourly rate, including all allowances, applicable site allowance paid for the site engaged on at the time while attending approved courses, seminars or forums. Additional training can be undertaken by agreement. 61. HEALTH & SAFETY REPRESENTATIVES The employees may request that the Employer commence negotiations to determine work groups. Once those work groups have been identified workers may elect a Health and Safety Representative (HSR) and Deputy Health & Safety Representative (DHSR) if any, for each work group in accordance with the provisions of the Work Health and Safety Act (NSW) 2011. Once elected, the HSR will be paid an allowance of $1.50 per hour, on top of their ordinary hourly rate, for each hour worked. This payment will commence from the first full pay period commencing after the election. Where the HSR is absent, the DHSR will receive an allowance of $1.50 per hour for each hour worked for the period of their absence. As soon as practical within the period of 3 months after the Employer being advised of the election of the HSR and the DHSR, the Employer will arrange and pay for the necessary training to enable the HSR and the DHSR to perform their role. While attending these courses the HSR and the DHSR will be paid their normal rate of pay, including all allowances. That is, they will 69 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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not have their wages reduced because of their attendance at the training course. After their initial training, Health and Safety Representatives will be afforded up to a maximum of an additional five days training per annum at accredited Safework training programs, other appropriate seminars and Union endorsed meetings, forums, and training. Health and Safety Representatives will be paid their normal rate including all allowances while attending these courses. The Employer will be provided 7 days' notice of such training/forums and the name of the HSR/s attending. The Employer will allow a HSR and the DSHR (if any) to exercise their obligations under the Act during their ordinary working hours. The Employer will ensure that a list of HSR and DHSR (if any) for each work group is prepared, kept up to date and distributed to all employees on a regular basis. The HSR may request the Employer to establish a workplace health and safety committee. If the Employer is requested to do so they will establish a health and safety committee within one month of that request. The HSR shall not be transferred from site without agreement from the majority of employees on that site at a duly convened paid meeting of no more than 30 Minutes and agreed to by the Union in writing. The Employer will release from work a HSR to attend 5 meetings per calendar year conducted by the Union to discuss industry related matters. Health and Safety Representatives will be paid their normal rate including all allowances while attending these meetings. 62 INCREASES TO WAGES - PRODUCTIVITY GAINS In recognition of the productivity measures identified herein, the increases payable under this agreement shall be available to all employees as follows: a) From the first full pay period after 1st April 2024- The rate of pay will be as per Appendix Rates of pay. b) From the first full pay period after 1st April 2025 - The rate of pay will be as per Appendix Rates of pay. c) From the first full pay period after 1st April 2026 - The rate of pay will be as per Appendix Rates of pay. d) From the first full pay period after 1st April 2027 - The rate of pay will be as per Appendix Rates of pay 70 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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APPENDIX 1 - RATES OF PAY PLUMBERS Appendix 1 Table 1 Current Rates of Pay Sydney/ACT Wollongong, Central Coast & All other Areas (36-hour div) (36-hour div) Plumber's Rate ph $51.03 $44.99 pw $1,837.08 $1619.64 Refrigeration Mech ph $49.80 $43.74 After 12 Months pw $1,792.80 $1574.64 Refrigeration Mech ph $47.38 $41.53 Ist 12 Months pw $1705.68 $1495.08 HVAC ph $43.87 $36.30 Labourer pw $1579.32 $1306.80 Travel pd $35 $35 Redundancy pw $145 $130 Superannuation pw 11% 11% Site Allowance ph $4.20 $4.20 Appendix 1 Table 2 Rates of pay at the first full pay period after 1st April 2024 Sydney/ACT Wollongong, Central Coast & All other Areas (36-hour div) (36-hour div) Plumber's rate ph $54.09 $47.69 pw $1,947.24 $1716.84 Refrigeration Mech ph $52.78 $46.36 After 12 Months pw $1900.08 $1668.96 Refrigeration Mech ph $50.22 $44.02 1st 12 Months pw $1807.92 $1584.72 HVAC ph $46.50 $38.48 Labourer pw $1674 $1385.28 Travel pd $35 $35 Redundancy pw $150 $135 Superannuation pw 11% 11% Site Allowance ph $4.40 $4.40 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 71
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Appendix 1 Table 3 Rates of pay at the first full pay period after 1st April 2025 Sydney/ACT Wollongong, Central Coast & All other Areas (36-hour div) (36-hour div) Plumber's rate ph $57.34 $50.55 pw $2064.24 $1819.80 Refrigeration Mech ph $55.95 $49.14 After 12 Months pw $2014.20 $1769.04 Refrigeration Mech ph $53.23 $46.66 1st 12 Months pw $1916.28 $1679.76 HVAC ph $49.29 $40.79 Labourer pw $1774.44 $1468.44 Travel pd $40 $40 Redundancy pw $155 $140 Superannuation pw 11.5% 11.5% Site Allowance ph $4.60 $4.60 Appendix 1 Table 4 Rates of pay at the first full pay period after 1st April 2026 Sydney/ACT Wollongong, Central Coast & All other Areas (36-hour div) (36-hour div) Plumber's rate ph $60.78 $53.58 pw $2188.08 $1928.88 Refrigeration Mech ph $59.31 $52.09 After 12 Months pw $2135.16 $1875.24 Refrigeration Mech ph $56.42 $49.46 1st 12 Months pw $2031.12 $1780.56 HVAC ph $52.25 $43.24 Labourers pw $1881 $1556.64 Travel pd $45 $45 Redundancy pw $160 $145 Superannuation pw 12% 12% Site Allowance ph $5 $5 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 72
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Appendix 1 Table 5 Rates of pay at the first full pay period after 1st April 2027 Sydney/ACT Wollongong, Central Coast & All other Areas (36-hour div) (36-hour div) Plumber's rate ph $65.03 $57.33 pw $2341.08 $2063.88 Refrigeration Mech ph $63.46 $55.74 After 12 Months pw $2284.56 $2006.64 Refrigeration Mech ph $60.37 $52.92 1st 12 Months pw $2173.32 $1905.12 HVAC ph $55.91 $46.27 Labourer pw $2012.76 $1665.72 Travel pd $52 $52 Redundancy Pw $165 $150 Superannuation pw 12% 12% Site Allowance ph $5 $5 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 73
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APPENDIX 2 - RATES OF PAY APPRENTICES Apprentices Current 2024 2025 2026 2027 1st Year $18.45 $19.56 $20.73 $21.97 $23.51 2nd Year $24.75 $26.24 $27.81 $29.48 $31.54 3rd Year $34.77 $36.87 $39.07 $41.41 $44.31 4th Year $37.22 $39.45 $41.82 $44.33 $47.43 Adult Apprentices Current 2024 2025 2026 2027 1st Year $24.75 $25.50 $25.75 $26.00 $26.50 2nd Year $24.75 $27.24 $28.81 $30.48 $32.54 3rd Year $34.77 $36.87 $39.07 $41.41 $44.31 4th Year $37.22 $39.45 $41.82 $44.33 $47.43 Site Allowance Per Hour (minimum) Current 2024 2025 2026 2027 1st Year $1.68 $1.85 $2.00 $2.25 $2.50 2nd Year $2.32 $2.50 $2.70 $2.90 $3.00 3rd Year $2.90 $3.15 $3.40 $3.55 $3.75 4th Year $3.79 $3.95 $4.10 $4.30 $4.50 Travel Per Day Current 2024 2025 2026 2027 1st Year $22.60 $22.60 $28 $32 $35 2nd Year $26 $26 $32 $36 $40 3rd Year $26 $26 $32 $36 $40 4th Year $26 $26 $32 $36 $40 Redundancy Per Week Current 2024 2025 2026 2027 1st Year $0 $1.50 $2.50 $3.50 $4.50 2nd Year $0 $2.50 $4.50 $6.50 $8.50 3rd Year $39.29 $39.29 $42.29 $45.29 $48.29 4th Year $39.29 $39.29 $43.29 $47.29 $51.29 74 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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APPENDIX 3 - TOOL LIST 1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 1 x pair 250mm Stillsons 1 x 300mm crescent shifting spanner 1 x pair 450mm Stillsons 1 x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225) 1 x pair 225mm Multigrips 1 x junior hacksaw 1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm 1 x pair 300mm straight snips 1 x tapered bent pin 1 x pair 175mm curved snips 1 x pointing towel 1 x pair left hand wiss snips 1 x basin spanner 1 x pair right hand wiss snips 1 x strap bench 1 x pair pop rivet pliers 1 x centre punch 1 x pair 200mm dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x set Allen keys 1mm-10mm 1 x toolbox or carry all or equivalent 1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel 1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel 1 x screwdriver 200mm Phillips 1 x 25mm cold chisel 2 x screwdriver 150mm Phillips 1 x Stanley knife 1 x screwdriver 300mm slotted 1 x flint gun 1 x screwdriver 200mm slotted 1 x oxy key 1 x cross pin hammer 10 oz 1 x 8 metre measuring tape 1 x hand wood saw 660mm per year- replaced by 1 x ball pin hammer 20 oz employer on a fair ware and tare basis 1 x claw hammer 20 oz 1 x PVC conduit cutters 1 x trap or spud wrench 1 x wire brush 1 x lump hammer 4LB 1 x battery drill with battery and charger 1 x bevel square 250mm 1 x set square 300mm In addition to the above list (where applicable) the tool 1 x line level list for Drainers shall include the following: 1 x spirit level 600mm 1 x brickies string line 1 × 1200mm level 1 x chaulk-o-matic 1 x 30m measuring tape 1 x plumbob 450gr 1 x wood float 1 x 25mm wood chisel 1 x steel float 1 x edging tool 75 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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APPENDIX 4 - RDO CALENDERS 2024 2024 January '24 February '24 March '24 SMTWTF S SMTWTF S SMTWTF S 2 3 4 5 1 2 3 1 2 1 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 2 28 29 30 31 25 26 27 28 29 24 25 26 27 29 30 31 April '24 May '24 June '24 SMTWTF S SMTWTF S SMTWTF S 1 2 3 4 5 6 1 2 3 4 30 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 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 1 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 July '24 August '24 September '24 SMTWT F S SMTWTF S SMTWTF S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 1 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October '24 November '24 December '24 S M TWTFS SMTWTFS SMTWTF S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 - 6 7 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 76 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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APPENDIX 4 - RDO CALENDERS 2025 2025 January February March SMTWTF S 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 1 19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 28 9 30 31 23 24 5 26 27 28 23 24 25 26 27 28 2 30 31 April May lune SMTWTF S SMTWTF S MTWT F S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 .8 9 10 11 12 4 5 6 7 8 91 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 1 15 16 17 18 19 20 21 20 21 22 23 24 25 26 18 19 20 21 22 23 24 22 23 24 25 26 27 28 27 28 29 30 25 26 27 28 29 30 31 29 30 July August September SMTWT F S S M TWT F S SM T W T F 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 12 13 13 1 15 16 17 18 19 10 11 12 13 14 15 16 14 15 16 17 18 19 20 20 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 31 24 25 26 27 28 29 30 28 29 30 31 October November December SMTWTFS S MTWT F S S M TWTFS LL 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 1 4 15 16 17 18 10 11 12 13 14 15 14 15 16 17 18 19 20 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 9 30 31 30 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 77 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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APPENDIX 4 - RDO CALENDERS 2026 2026 January February March SMTW TFS SMTWTF S SMT WTF S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 6 7 4 5 6 7 8 9 10 8 9 10 11 12 13 14 8 9 10 11 12 13 1 11 12 13 14 15 1 17 15 16 17 18 19 20 21 5 16 17 18 19 20 2 18 19 20 21 22 23 24 22 23 24 25 26 27 28 22 23 24 25 26 27 28 25 26 2 28 29 30 31 29 30 31 April May June SMTWT FS SMT W SMTW T F S 12 3 2 1 2 5 6 1 4 3 4 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 0 11 12 13 14 15 16 4 15 16 17 18 19 2 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 S M TWTF 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 2 13 14 15 16 17 18 9 10 11 12 13 14 15 3 14 15 16 17 18 19 9 20 21 22 23 24 25 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 29 30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 October November December SMTWTF S SMTWTFS SMTWTF S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 5 4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 26 27 28 29 30 31 29 30 27 2 9 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 78 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
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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 2 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 2 21 22 23 24 25 26 27 24 25 26 27 28 29 30 28 28 29 30 31 31 April May June SMTW T F S SMTWT F S S M T W T F S 1 2 3 1 1 2 3 4 5 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 11 12 13 14 15 16 17 9 10 11 12 13 14 1 13 14 15 16 17 18 1 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 30 31 July August September SMTW T F S S M T W T FS S M TW T F S 1 2 3 1 2 3 4 5 6 7 1 2 3 4 4 5 6 7 8 9 10 8 9 10 11 12 13 14 5 6 7 8 9 10 11 11 12 13 14 15 1 17 15 16 17 18 19 20 21 12 13 14 15 16 17 1 18 19 20 21 2 23 24 22 23 24 25 26 27 28 19 20 21 22 23 24 25 25 26 27 28 29 30 31 29 30 31 26 27 28 29 30 October November December SMTWTF S S MTWTF S SMTWTF 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 1 5 6 7 8 9 10 11 11 12 13 14 15 1 14 15 16 17 18 19 20 12 13 14 15 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 9 20 21 22 23 24 25 24 25 26 27 28 29 30 28 2 30 6 27 28 29 30 31 31 Annual leave (optional) Flexible RDO Scheduled RDO Designated Long Weekend (Public Holiday and RDO Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027 79
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SIGNATORY PAGE For and on behalf of: Ventrix Pty Ltd Name: Andrew Markopoulos Position: Director ABN: 83 062 269 309 Employer Adress: 3/380 West Botany Street Rockdale NSW 2216 31/10/2024 Signature Date' A Representative of the CEPU - Plumbing Division (NSW Branch) and employee/s covered by this Agreement. 31/10/2024 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 80 Ventrix Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027
