D&E Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027

1

Fair Work Act 2009 
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, 
Plumbing and Allied Services Union of Australia
(AG2024/319)

D&E AIR CONDITIONING PTY LTD AND CEPU - PLUMBING 
DIVISION NSW BRANCH MECHANICAL (HVAC) ENTERPRISE 
AGREEMENT 2023–2027  

Plumbing industry

DEPUTY PRESIDENT COLMAN MELBOURNE, 21 FEBRUARY 2024

Application for approval of the D&E Air Conditioning Pty Ltd and CEPU - Plumbing Division 
NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and 
Allied Services Union of Australia (CEPU) has made an application for approval of an 
enterprise agreement known as the D&E Air Conditioning Pty Ltd and CEPU - Plumbing 
Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023–2027 (the Agreement) 
pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise 
agreement.

[2] On the basis of the material contained in the application and accompanying declaration, 
I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this 
application for approval has been met.

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

[4] The Agreement was approved on 21 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE523617  PR771675

[2024] FWCA 686

DECISION FairWork 
Commission 


ISSION E SEAL OF THE

AUSTRALIA FairWork Commission




 



For · 
ACT, 

D&E Air Conditioning Pty Ltd & 
CEPU Plumbing Division - NSW Branch 

Mechanical (HVAC)Enterprise Agreement 
2023-2027 

SYDNEY, 
WOLLONGONG, 
CENTRAL COAST, 
& ALL OTHER AREAS 


ID PIPE TRADES EMPL TO OF STRALY PLUMBING AND D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC)Enterprise Agreement 2023-2027 For ACT, SYDNEY, WOLLONGONG, CENTRAL COAST, & ALL OTHER AREAS




 



Clause No. NAME Page 
PART 1 APPLICATION AND OPERATION 

1 TITLE OF AGREEMENT 3 
2 PARTIES AND PERSONS BOUND 3 
3 LODGEMENT AND DATE OF OPERATION OF AGREEMENT 4 
4 COMMITMENTS 5 
5 ANTI DISCRIMINATION 6 
6 POSTING OF AGREEMENT 7 
7 DEFINITIONS 7 
8 WORKPLACE FLEXIBILITY 9 
9 STATUTORY MATTERS COVERED BY STATE LEGISLATION 10 

PART2 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 

17 
INCIDENTS 

PART3 TYPES OF EMPLOYMENT AND TERMINATION EMPLOYMENT 

14 DAILY EMPLOYMENT 20 
15 CASUAL EMPLOYMENT 20 
16 EMPLOYER AND EMPLOYEE DUTIES 21 
17 TERMINATION OF EMPLOYMENT 21 
18 REDUNDANCY 22 
19 SHAM CONTRACTING 25 

PART4 REMUMERATION AND PAYMENT OF WAGES 
20 PAYMENT OF WAGES 27 
21 SUPERANNUATION 28 

PARTS APPRENTICES 

22 GENERAL 30 

PART6 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 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

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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 9 STATUTORY MATTERS COVERED BY STATE LEGISLATION 10 PART 2 CONSULTATION AND DISPUTE RESOLUTION 10 CONSULTATION CLAUSE 10 11 CONSULTATIVE MECHANISMS 13 12 DISPUTE RESOLUTION PROCEDURE 15 13 PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 17 PART 3 TYPES OF EMPLOYMENT AND TERMINATION EMPLOYMENT 14 DAILY EMPLOYMENT 20 15 CASUAL EMPLOYMENT 20 16 EMPLOYER AND EMPLOYEE DUTIES 21 17 TERMINATION OF EMPLOYMENT 21 18 REDUNDANCY 22 19 SHAM CONTRACTING 25 PART 4 REMUMERATION AND PAYMENT OF WAGES 20 PAYMENT OF WAGES 27 21 SUPERANNUATION 28 PART 5 APPRENTICES 22 GENERAL 30 PART 6 HOURS OF WORK AND RELATED MATTERS 23 ORDINARY HOURS OF WORK 32 24 WORKS BREAK 35 25 OVERTIME 37 26 WEEKEND WORK 38 27 NIGHT SHIFT WORK 38 28 PRESENTING FOR WORK AND NOT REQUIRED 40 29 INCLEMENT WEATHER 40 30 JURY DUTY AND MAKE UP PAY 42 31 PROTECTIVE CLOTHING 43 32 COMPENSATION FOR TOOLS AND CLOTHING 43 33 INCOME PROTECTION 44 1 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Clause No. NAME Page 

PART7 ALLOWANCES 
34 TRAVEL 44 
35 SITE ALLOWANCE 46 
36 MATRIX- PROJECTS IN EXCESS OF 1 BILLION 46 
37 WELDNG CERTIFICATE 46 
38 MEAL ALLOWANCES 46 
39 LEADING HAND 46 
40 HOT WORKS 46 
41 COLD WORKS 47 
42 LIVING AWAY FROM HOME-DISTANT WORK 47 
43 AGREEMENT AWARENESS COURSE 51 
44 UNDERGROUND INFRASTRUCTURE ALLOWANCE 52 

PARTS 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 

PART9 POLICIES 
53 HEAT POLICY 57 
54 DRUG AND ALCOHOL POLICY 61 

PART 10 MI SC ELLAN EOUS 
55 ASBESTOS AWARENESS TRAINING 65 
56 STRUCTURED VOCATIONAL TRAINING 65 
57 BUILDING LEVY 66 
58 AUDITING AND ENTITLEMENT COMPLIANCE 66 
59 SEVERABILITY 68 
60 TRADE UNION RIGHTS AND REPRESENTATION 68 
61 HEALTH AND SAFETY REPRESENTATIVES 69 
62 ENGAGEMENT OF SUBCONTRACTORS 70 
63 INCREASES TO WAGES- PRODUCTIVITY GAINS 73 

APPENDIX 1 PLUMBER DRAINER GASFITTER 73-77 
APPENDIX 2 APPRENTICES 78 
APPENDIX 3 Tool List 79 
APPENDIX 4 RDO CALENDERS 2024,2025,2026,2027 80-83 

SIGNATORIES 84 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

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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 37 46 WELDNG CERTIFICATE 46 38 MEAL ALLOWANCES 46 39 LEADING HAND 46 40 HOT WORKS 46 41 COLD WORKS 47 42 LIVING AWAY FROM HOME -DISTANT WORK 47 43 AGREEMENT AWARENESS COURSE 51 44 UNDERGROUND INFRASTRUCTURE ALLOWANCE 52 PART 8 LEAVE AND PUBLIC HOLIDAYS 45 PUBLIC HOLIDAYS 52 46 PERSONAL LEAVE 53 47 SICK LEAVE (Carer's Leave) 55 48 COMPASSIONATE LEAVE 55 49 PARENTAL LEAVE 55 50 FAMILY AND DOMESTIC VIOLENCE LEAVE 55 51 ANNUAL LEAVE 55 52 PICNIC DAY 57 PART 9 POLICIES 53 HEAT POLICY 57 54 DRUG AND ALCOHOL POLICY 61 PART 10 MISCELLANEOUS 55 ASBESTOS AWARENESS TRAINING 65 STRUCTURED VOCATIONAL TRAINING 65 57 BUILDING LEVY 66 58 AUDITING AND ENTITLEMENT COMPLIANCE 66 59 SEVERABILITY 68 60 TRADE UNION RIGHTS AND REPRESENTATION 68 61 HEALTH AND SAFETY REPRESENTATIVES 69 62 ENGAGEMENT OF SUBCONTRACTORS 70 63 INCREASES TO WAGES - PRODUCTIVITY GAINS 73 APPENDIX 1 PLUMBER DRAINER GASFITTER 73-77 APPENDIX 2 APPRENTICES 78 APPENDIX 3 Tool List 79 APPENDIX 4 RDO CALENDERS 2024,2025,2026,2027 80-83 SIGNATORIES 84 2 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



1. TITLE 

This agreement shall be known as the D&E Air Conditioning Pty Ltd and CEPU -
Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 
2023-2027. 

2. PARTIES AND PERSONS BOUND 

2 D&E Air Conditioning 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 I or 
to employees principally engaged in installing automatic fire protection 
systems; and I or 

2.3.2 employees of the employer employed full-time in the service and 
maintenance operations, and I or 

D&E Air Conditioning 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 D&E Air Conditioning Pty Ltd and CEPU - Plumbing Division NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027. 2. PARTIES AND PERSONS BOUND 2 D&E Air Conditioning 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 3 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



3. 

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 

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. 

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D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



The Agreement regulates all terms and conditions of employment and 
expressly excludes and displaces the operation of any and all other matters 
and conditions of employment in the Plumbing and Fire Sprinklers Award 2020 
(PFS Award). Any existing employment conditions or entitlements that are 
superior to those contained in this Agreement will continue to apply unless 
otherwise agreed by the relevant Parties to this Agreement. 

Interaction with the National Employment Standards (NES) 

This Agreement will be read and interpreted in conjunction with the National 
Employment Standards (NES). Where there is inconsistency between the 
Agreement and the NES, and the NES provides greater benefit, the NES 
provision will apply to the extent of the inconsistency. 

4. COMMITMENTS 

In order that the objectives of this Agreement are achieved, the parties are 
committed to ensuring that: 

(a) The measures contained in this Agreement lead to real gains in productivity. 

(b) A broad approach to productivity is adopted incorporating (but not being 
limited to) both management and labour efficiency, quality, training, 
maintaining high standards of occupational health and safety, improved 
working conditions, environmental concerns, quality of working life issues 
and equity issues. 

(c) The measures provided for in this Agreement will be implemented through 
consultative mechanisms agreed to between the employees and the 
Employer. 

(d) Productivity measures will not be implemented at the expense of health and 
safety standards and those standards will be improved. 

(e) The dispute settlement procedures provided for in this agreement are 
rigorously applied and enforced. 

(f) A free flow of information occurs between the Employer and employee(s) 
(including their union or other representative)concerning all aspects of the 
construction process. 

(g) Statutory entitlements, quality of work and proper safety standards will 
underpin this agreement. 

Women In The Industry 

It is recognised that the Plumbing Contracting industry needs to employ more 
women and the parties shall discuss means to achieve this during the life of this 
Agreement. Measures will be implemented that will encourage and assist 
women to seek and maintain employment in the Plumbing Contracting Industry. 

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D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Suicide Prevention 

The parties acknowledge that: 

(a) suicide prevention of employee(s) in the construction industry is an 
important issue; 

(b) Construction workers are more than twice as likely to suicide than other 
people in Australia; 

(c) Construction workers are six times more likely to die by suicide than 
through a workplace accident; 

(d) Apprentices in construction are two and a half times more likely to 
suicide than other young men their age; 

(e) Mental health on construction sites is now accepted as an industry 
safety concern; 

(f) Employee(s) can find it difficult to discuss feelings and emotions with 
colleagues at work, especially in the construction industry. 

(g) Accordingly, to try and reduce the chance of suicide by an employee, the 
Employer agrees to provide training to an appropriate number of 
employee(s) in consideration of the size and nature of the workforce 
concerned, to recognise potentially suicidal behaviour and to give them 
the simple skills needed to intervene and to keep that employee safe 
until they can gain professional help. Such training is to be conducted via 
an agreed training package/methodology, or an agreed provider 
between the Parties, during normal working hours. 

(h) Awareness training providers will be agreed through the Parties of the 
Agreement. 

5. ANTI-DISCRIMINATION 

5.1 It is the intention of the parties to this Agreement to achieve the principal 
object in the FW Act through respecting and valuing the diversity of the 
workforce by helping to prevent and eliminate discrimination on the basis 
of race, colour, sex, sexual orientation,, age, physical or mental disability, 
marital status, family responsibilities, pregnancy, religion, political 
opinion, national extraction or social origin. 

5.2 Accordingly, in fulfilling their obligations under the settlement of disputes 
clause, the parties to this agreement must make every endeavour to 
ensure that neither the Agreement provisions nor their operation are 
directly or indirectly discriminatory in their effects. 

5.3 The rates, allowances and other monetary entitlements prescribed in this 
Agreement are the minimum amounts to be paid by the Employer to the 

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D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 6 Agreement 2023-2027




 



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 

7. 

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). 

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. 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

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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. 7 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



vi. contractor means any entity which contracts to provide plumbing. 

vii. continuous shift worker means an employee(s) engaged to work in a 
system of consecutive shifts throughout the 24 hours of each of at 
least six consecutive days without interruption (except during 
breakdown or meal breaks or due to unavoidable causes beyond the 
control of the employer) and who is regularly rostered to work those 
shifts 

viii. Dry area means a work area that has not become saturated by rain or 
where water will not drip on the employee(s). 

ix. employee means national system employee within the meaning of the 
Act 

x. employer means national system employer within the meaning of the 
Act 

xi. Fair Work Act 2009 (FW Act). 

xii. immediate family includes: spouse (including a former spouse, a de 
facto partner and a former de facto partner); a de facto partner means 
a person who, although not legally married to the employee, lives with 
the employee in a relationship as a couple on a genuine domestic 
basis whether the employee and the person are or the same sex or 
different sexes); child or an adult child (including an adopted child, a 
step - child or an ex-nuptial child); parent; grandparent or grandchild; 
or sibling; of the employee or spouse of the employee. 

xiii. Inclement weather will mean the existence of rain or abnormal 
climatic conditions (whether they be those of hail, snow, cold, high 
wind, severe dust storm, extreme high temperature or the like or any 
combination thereof) by virtue of which it is either not reasonable or not 
safe for employees to continue working whilst the same prevail. 

xiv. leading hand means an employee who is given by the employer, or 
their agent, the responsibility of directing and/or supervising the work 
of other employees, or in the case of only one employee, the specific 
responsibility of directing and/or supervising the work of that employee 

xv. NES means the National Employment Standards as contained in the 
Fair Work Act 2009 (Cth) 

xvi. on-hire means the on-hire of an employee by their employer to a 
client, where such employee works under the general guidance and 
instruction of the client or a representative of the client 

xvii. operator of explosive powered tools means an employee qualified 
in accordance with the laws and regulations of the State concerned to 
operate explosive powered tools 

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vi. contractor means any entity which contracts to provide plumbing. vii. continuous shift worker means an employee(s) engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least six consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts viii. Dry area means a work area that has not become saturated by rain or where water will not drip on the employee(s). ix. employee means national system employee within the meaning of the Act X. employer means national system employer within the meaning of the Act xi. Fair Work Act 2009 (FW Act). xii. immediate family includes: spouse (including a former spouse, a de facto partner and a former de facto partner); a de facto partner means a person who, although not legally married to the employee, lives with the employee in a relationship as a couple on a genuine domestic basis whether the employee and the person are or the same sex or different sexes); child or an adult child (including an adopted child, a step - child or an ex-nuptial child); parent; grandparent or grandchild; or sibling; of the employee or spouse of the employee. xiii. Inclement weather will mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme high temperature or the like or any combination thereof) by virtue of which it is either not reasonable or not safe for employees to continue working whilst the same prevail. xiv. leading hand means an employee who is given by the employer, or their agent, the responsibility of directing and/or supervising the work of other employees, or in the case of only one employee, the specific responsibility of directing and/or supervising the work of that employee XV. NES means the National Employment Standards as contained in the Fair Work Act 2009 (Cth) xvi on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client xvii. operator of explosive powered tools means an employee qualified in accordance with the laws and regulations of the State concerned to operate explosive powered tools 8 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



8. 

xviii. Persons covered by this Agreement means the employer, 
employees and the Union. 

xix. plumber's labourer means an employee primarily engaged in 
assisting a plumber 

xx. Redundancy means a situation where an employee ceases to be 
employed by the employer other than for reasons of misconduct or 
refusal of duty. Redundant has a corresponding meaning 

xxi. standard rate means the minimum wage for the Plumbing and 
mechanical services tradesperson in Appendix 1. 

xxii. WHS Act means Work Health and Safety Act 

xxiii. WHS Representative means an employee elected as such in 
accordance with the WHS Act. Party or parties to this Agreement 
means the employer, employees and/or the Union as the context 
requires. 

INDIVIDUAL FLEXIBILITY ARRANGEMENT 

8.1 The terms of the Agreement may be varied by an individual flexibility 
arrangement ("IFA"). 

8.2 The Employer will not make an IFA unless the following conditions are 
satisfied: 

8.3 The IFA must be about matters that would be permitted matters if the 
arrangement were an enterprise agreement. 

8.4 The IFA must not include a term that would be an unlawful term if the 
arrangement were an enterprise agreement. 

8.5 The IFA must be genuinely agreed to by the employer and the 
employee. 

8.6 The IFA must result in the employee being better off overall than the 
employee would have been if no individual flexibility arrangement were 
agreed to. 

8.7 The IFA must be able to be terminated: 

8.8 by either the employee, or the employer, giving written notice of not 
more than 28 days; or 

8.9 by the employee and the employer at any time if they agree, in writing, 
to the termination. 

8.10 The IFA must be in writing and signed: 

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xviii. Persons covered by this Agreement means the employer, employees and the Union. xix. plumber's labourer means an employee primarily engaged in assisting a plumber XX. Redundancy means a situation where an employee ceases to be employed by the employer other than for reasons of misconduct or refusal of duty. Redundant has a corresponding meaning xxi standard rate means the minimum wage for the Plumbing and mechanical services tradesperson in Appendix 1. xxii WHS Act means Work Health and Safety Act xxiii. WHS Representative means an employee elected as such in accordance with the WHS Act. Party or parties to this Agreement means the employer, employees and/or the Union as the context requires. 8. INDIVIDUAL FLEXIBILITY ARRANGEMENT 8.1 The terms of the Agreement may be varied by an individual flexibility arrangement ("IFA"). 8.2 The Employer will not make an IFA unless the following conditions are satisfied: 8.3 The IFA must be about matters that would be permitted matters if the arrangement were an enterprise agreement. 8.4 The IFA must not include a term that would be an unlawful term if the arrangement were an enterprise agreement. 8.5 The IFA must be genuinely agreed to by the employer and the employee. 8.6 The IFA must result in the employee being better off overall than the employee would have been if no individual flexibility arrangement were agreed to. 8.7 The IFA must be able to be terminated: 8.8 by either the employee, or the employer, giving written notice of not more than 28 days; or 8.9 by the employee and the employer at any time if they agree, in writing, to the termination. 8.10 The IFA must be in writing and signed: 9 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 ST A TE LEGISLATION 

The following NSW & ACT State Acts and the regulations, as amended, where 
relevant and provided they are not in conflict with the requirements of the Fair 
Work Act 2009, as amended, will set the minimum terms insofar as they relate to 
matters that are under the provisions of the relevant Act and pertain to the 
Employer and Employees bound by this Agreement: 

(a) Long Service leave Act 1955 
(b) Long service leave (portable schemes) Act 2009 
(c) Building and Construction Industry Long Service Payments Act 1986 
(d) Workplace Injury Management and Compensation Act 1998; and 
(e) Work Health and Safety Act 2011 

Where an employee is eligible, the employer will register an employee with the 
Building and Construction Industry Long Service Payments Corporation within 4 
weeks of commencement of his/her employment. 

If at any time during the life of the agreement any new legislation is enacted it 
will be deemed to cover this agreement. 

Part 2 - CONSULTATION AND DISPUTE RESOLUTION 

10. CONSULTATION CLAUSE 

10.1 This term applies if the employer: 

(a) has made a definite decision to introduce a major change to 
production, program, organisation, structure or technology in relation to 
its enterprise that is likely to have a significant effect on the employees; 
or 

(b) Subject to Clause 23, proposes to introduce a change to the regular 
roster or ordinary hours of work of employees. 

Major Change 

10.2 For a major change referred to in paragraph 10.1 (a): 

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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): 10 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(a) the employer must notify the relevant employee(s) of the decision to 
introduce the major change; and 

(b)subclauses 10.3 to 10.9 apply. 

10.3 The relevant employee(s) may appoint a Union representative (or other 
representative if any) for the purposes of the procedures in this term. 

10.4 If: 

(a) relevant employee appoints, or relevant employees appoint, a Union 
representative (or other representative if any) for the purposes of 
consultation; and the employee or employees advise the employer of the 
identity of the representative; 

the employer must recognise the representative. 

10.5 As soon as practicable after making its decision, the employer must: 

(a) discuss with the relevant employee(s) and the employee's Union 
representative (or other representative if any): 

(i) the introduction of the change; and 

(ii) the effect the change is likely to have on the employees; and 

(iii) measures the employer is taking to avert or mitigate the adverse 
effect of the change on the employees; and 

(b) for the purposes of the discussion-provide, in writing, to the relevant 
employee(s) and the employees' Union representative (or other 
representative if any): 

(i) all relevant information about the change including the nature 
of the change proposed; and 

(ii) information about the expected effects of the change on the 
employees; and 

(iii) any other matters likely to affect the employees. 

10.6 However, the employer is not required to disclose confidential or 
commercially sensitive information to the relevant employee(s) and/or the 
employee's Union representative (or other representative if any). 

10.7 The employer must give prompt and genuine consideration to matters raised 
about the major change by the relevant employee(s) and/or the employee's 
Union representative (or other representative if any). 

10.8 If a term in this agreement provides for a major change to production, 
program, organisation, structure or technology in relation to the enterprise of 

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(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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



the employer, the requirements set out in paragraph 10.2(a) and subclauses 
10.3 and 10.5 are taken not to apply. 

10.9 In this Clause, a major change is likely to have a significant effect on 
employees if it results in: 

(a) the termination of the employment of employees; or 

(b) major change to the composition, operation or size of the 
employer's workforce or to the skills required of employees; or 

(c) the elimination or diminution of job opportunities (including 
opportunities for promotion or tenure); or 

(d) the alteration of hours of work; or 

(e) the need to retrain employees; or 

(f) the need to relocate employees to another workplace; or 

(g) the restructuring of jobs. 

Change to Regular Roster or Ordinary Hours of Work 

10.10 For a change referred to in paragraph 10.1 (b ): 

(a) the employer must notify the relevant employees and the 
employees' Union representative (or other representative if any) of 
the proposed change; and 

(b) subclauses 10.11 to 10.15 apply. 

10.11 The relevant employees may appoint a Union representative ( or other 
representative if any) for the purposes of the procedures in this term. 

10.12 If, 
(a) a relevant employee appoints, or relevant employees appoint, a 

Union representative (or other representative if any) for the 
purposes of consultation; and 

(b) the employee or employees advise the employer of the identity of 
the Union representative (or other representative if any); 

the employer must recognise the representative. 

10.13 As soon as practicable after proposing to introduce the change, the employer 
must: 

(a) discuss with the relevant employee(s) and/or the employees' Union 
representative (or other representative if any) the introduction of the 
change;and 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(b) for the purposes of the discussion-provide to the relevant employees 
and/or the employees' Union representative (or other representative if 
any) 

(i) all relevant information about the change, including the nature of 
the change; and 

(ii) information about what the employer reasonably believes will be 
the effects of the change on the employees; and 

(iii) information about any other matters that the employer reasonably 
believes are likely to affect the employees; and 

(c) invite the relevant employee(s) and/or the employee's Union 
representative (or other representative if any) to give their views 
about the impact of the change (including any impact in relation to the 
relevant employee's family or caring responsibilities). 

10.14 However, the employer is not required to disclose confidential or 
commercially sensitive information to the relevant employees or the 
employee's Union representative. 

10.15 The employer must give prompt and genuine consideration to matters raised 
about the change by the relevant employee(s) and/or the employees' Union 
representative. 

10.16 This Clause is to be read in conjunction with Clause 23 

11. CONSULTATIVE MECHANISMS 

Any matter arising as a result of the introduction of this Agreement will be 
implemented by way of a Company Consultative Committee consisting of 
equal numbers of management and employee representatives. The 
consultative committee must convene within 6 months of commencement of 
agreement and as required by eithrt 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: 

(i) job location. 
(ii) estimated duration. 
(iii) start date. 
(iv) type of work. 
(v) estimated workforce 
(vi) the number of estimated apprentices engaged on the project; 
and 
(vii) the name of the principal contractor on the job 

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(b) for the purposes of the discussion-provide to the relevant employees and/or the employees' Union representative (or other representative if any) (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employee(s) and/or the employee's Union representative (or other representative if any) to give their views about the impact of the change (including any impact in relation to the relevant employee's family or caring responsibilities). 10.14 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees or the employee's Union representative. 10.15 The employer must give prompt and genuine consideration to matters raised about the change by the relevant employee(s) and/or the employees' Union representative. 10.16 This Clause is to be read in conjunction with Clause 23 11. CONSULTATIVE MECHANISMS Any matter arising as a result of the introduction of this Agreement will be implemented by way of a Company Consultative Committee consisting of equal numbers of management and employee representatives. The consultative committee must convene within 6 months of commencement of agreement and as required by eithrt 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: (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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Consultation And Industrial Relations on Infrastructure Projects And Major 
Building & Construction Projects 

For the purposes of this clause Major building & construction Infrastructure projects 
means building & construction projects with a total construction value which 
exceeds $250 million dollars. 

a) With respect to work performed on infrastructure projects or major building 
and construction projects, all persons covered by the Agreement acknowledge 
the importance of working together, in a manner consistent with the terms of 
the Agreement, to try to reach agreement on matters which may otherwise 
give rise to industrial disputation. Accordingly, when the Employer is to begin 
work on an infrastructure project or major building and construction project, 
the Employer shall consult with the employees in accordance with this clause 
work on an infrastructure project or major building and construction project, 
the Employer shall consult with the employees in accordance with this clause. 

b) In the normal course, it is expected that consultation will occur within the 14 
days leading up to the commencement of the work. If for any reason this does 
not occur, or if the Employer has less than 14 days' notice of the need to 
commence work, consultation will occur as soon as reasonably practicable -
and in any case not more than 14 days after the commencement of the work. 
For the purposes of this clause, consultation means genuine and meaningful 
discussions where the Employer must seriously consider and take into 
account the positions put forward. 

c) The Employer will consult over the following matters, insofar as they relate to 
the manner in which work will be conducted on the project within the 
framework of that Employer: 

i. the employment of apprentices. 
ii. conditions of employment on site. 
iii. diversity in employment. 
iv. the consideration of employment of local labour for work in regional 

areas. 
v. the consideration of employment of persons with appropriate skills 
vi. and experience to carry out the duties of Union Delegate and Health 
vii. & Safety Representative on a particular major construction project 
viii. and within the context of the Employer's business and their 
ix. expectations; and 
x. site amenities. 

e) For clarity, nothing in this clause shall operate to: 

i. remove the right of an employee to choose their own representative; 
ii. impact the provisions of the Work Health and Safety Act, including 

those dealing with the election of Health and Safety Representatives; 
iii. impact an employee's right to be, or not be, a member of an industrial 

association. 

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Consultation And Industrial Relations on Infrastructure Projects And Major Building & Construction Projects For the purposes of this clause Major building & construction Infrastructure projects means building & construction projects with a total construction value which exceeds $250 million dollars. a) With respect to work performed on infrastructure projects or major building and construction projects, all persons covered by the Agreement acknowledge the importance of working together, in a manner consistent with the terms of the Agreement, to try to reach agreement on matters which may otherwise give rise to industrial disputation. Accordingly, when the Employer is to begin work on an infrastructure project or major building and construction project, the Employer shall consult with the employees in accordance with this clause work on an infrastructure project or major building and construction project, the Employer shall consult with the employees in accordance with this clause. b) In the normal course, it is expected that consultation will occur within the 14 days leading up to the commencement of the work. If for any reason this does not occur, or if the Employer has less than 14 days' notice of the need to commence work, consultation will occur as soon as reasonably practicable - and in any case not more than 14 days after the commencement of the work. For the purposes of this clause, consultation means genuine and meaningful discussions where the Employer must seriously consider and take into account the positions put forward. c) The Employer will consult over the following matters, insofar as they relate to the manner in which work will be conducted on the project within the framework of that Employer: I. the employment of apprentices. ii. conditions of employment on site. iii. diversity in employment. iv. the consideration of employment of local labour for work in regional areas. V. the consideration of employment of persons with appropriate skills vi. and experience to carry out the duties of Union Delegate and Health vii. & Safety Representative on a particular major construction project viii. and within the context of the Employer's business and their ix. expectations; and X. site amenities. e) For clarity, nothing in this clause shall operate to: i. remove the right of an employee to choose their own representative; ii. impact the provisions of the Work Health and Safety Act, including those dealing with the election of Health and Safety Representatives; iii. impact an employee's right to be, or not be, a member of an industrial association. 14 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



12. 

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. 

DISPUTES RESOLUTION PROCEDURE 

This Agreement recognises the union as a legitimate representative of the 
employees covered by this Agreement. However, employees are free to be 
represented or not represented by industrial associations. 

12.1 A major objective of this Agreement is to eliminate lost time and/or 
production arising out of disputes or grievances. The parties to this 
Agreement are committed to complying with the terms of this procedure. 

Disputes relating to any of the following must be dealt with according to the 
procedure in this clause: 

• any matter arising under this Agreement. 
• the NES; and 

any matter pertaining to the relationship between the employer and the 
employees. Provided that nothing in this clause prevents a party to the 
dispute from applying to a court for orders in relation to contraventions of civil 
remedy or penalty provisions. 

Procedure 

Disputes will be dealt with according to the following procedure. 

Step 1-Workplace level 

• In the first instance, the parties to the dispute will take genuine steps to try 
and resolve the dispute at the workplace level. 

Step 2-Referral to the FWC 

• If a party to the dispute refers the Decision for review to the FWC, all parties 
to the dispute irrevocably consent to the FWC dealing with the dispute, 
including by arbitration. 

• The FWC may deal with the dispute by conciliation, arbitration, or by the 
exercise of any of its other powers under the FW Act, or by any combination 
of methods. 

• If the FWC deals with the dispute by arbitration: 

• by a single member of the FWC and makes an arbitral award (FWC 
Decision): 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• any party to the dispute (or its representative) may, within twenty-one (21) 
days after the date of the FWC Decision, appeal to a Full Bench of the FWC; 

• if no party appeals from the FWC Decision within the period stated in above, 
that FWC Decision will be final and binding on the parties to the dispute. 

• by a Full Bench of the FWC and makes a decision, the decision will be final 
and binding on the parties to the dispute. 

Steps available in the event of non-compliance by a party 

• If any party to the dispute fails or refuses to comply with or participate in 
Step 1 of this clause, any other non - breaching party to the dispute ( or its 
representative) may, in its absolute discretion: -

• refer the dispute to the FWC to deal with the dispute by conciliation, 
arbitration, or by the exercise of any of its other powers under the FW Act, 
or by any combination of methods. 

Enforcement - Finality of a Decision 

• Subject only to the rights of review/ appeal expressly provided for in this 
clause, a Decision or an FWC Decision is final and binding and may be 
immediately enforced. 

Enforcement of a Decision 

• All parties to a dispute must comply with, and give effect to, any Decision or 
FWC Decision. 

• A party to a dispute that fails to comply with, or give effect to, a Decision or 
FWC Decision, contravenes this clause. 

• The parties agree that: 

(a) any Decision or FWC Decision may be enforced by an action seeking 
appropriate remedies (including, but not limited to, payment of a debt, 
damages, or specific performance) in any court of competent jurisdiction; 
and 

(b) interest will accrue on any sum payable under a Decision at the rate 
prescribed from time to time in respect of pre-judgment interest under the 
Rules of the Federal Court of Australia. 

Status quo 

• While the dispute is being dealt with in accordance with the procedure in 
this clause: 

• the parties will maintain the status quo existing immediately prior to the 
subject matter of the dispute arising. Neither party will engage in any 

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. 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



13. 

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. 

PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 

This procedure shall be followed in good faith and without unreasonable 
delay. If an issue is not settled by observance of this procedure, or if the 
procedure is disregarded by either party, the matter will be dealt with in 
accordance with Clause 12 - Disputes Resolution Procedure of this 
Agreement. Nothing in this Agreement shall take precedence over the WHS 
Act. 

Parties To The Resolution Of Issues 

• The employer must nominate management representatives who are 
responsible for dealing with specified health and safety issues, and must, 
so far as is practicable: -

• notify the employees of the nominations in the manner that is, and in the 
languages that are, appropriate; and 

• notify in writing the health and safety committee of the nominations. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• At any stage in the resolution of an issue, any party may call in the 
employee I employer representative or advisor to assist the parties to 
resolve the issue. If the person invited to assist the parties is a building 
association official, that building association official must personally hold 
a valid right of entry permit under the FW Act to enter premises where 
construction work is performed. 

Procedure For Reporting Issues 

• If an employee wishes to raise a health and safety issue in a workplace, 
that employee must report it to the health and safety representative or the 
employer's supervisor. 

• If the health and safety representative is not able to be contacted, an 
employee wishing to raise a health and safety issue in a workplace, must 
report it to the employer's safety supervisor or another employer 
representative. 

• An employee may take all steps that are necessary, including leaving the 
employee's part of the workplace, to report an issue. 

• If the employer identifies a health and safety issue it may report it to the 
health and safety representative. 

Procedure For Resolving Issues 

• As soon as possible after an issue has been reported, the employer's 
safety supervisor or another management representative and the health 
and safety representative must meet and try to resolve the issue. 

• The resolution of the relevant issue must take into account any of the 
following factors that may be relevant: 

• whether the hazard or risk can be isolated. 

• the number and location of employees affected by it. 

• whether appropriate temporary measures are possible or desirable. 

• whether environmental monitoring is desirable. 

• the time that may elapse before the hazard or risk is permanently 
corrected. 

• who is responsible for performing and overseeing the removal of the 
hazard or risk. 

• If any party involved in the resolution of the issue requests, the details of 
the issue and all matters relating to its resolution must be set out in writing 
by the employer to the satisfaction of all parties. 

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18 


· 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• 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 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 under Clause 13.3 of this Agreement, within a 
reasonable time, or an issue is the subject of a direction under Clause 
13.11 of this Agreement that work is to cease, any of the parties 
attempting to resolve the issue may ask the relevant health and safety 
authority to arrange for an inspector to attend at the workplace as soon 
as practicable to enquire into the issue. 

If: -

• the inspector issues a prohibition notice; or 

• otherwise determines that there was reasonable cause for employees to 
be concerned for their health or safety, an employee who, as a result of 
the issue arising, does not work for any period pending its resolution but 
would otherwise be entitled to be paid for that period continues to be 
entitled to be paid for that period if relocation is not available. 

Rectification Of Safety Hazard 

• Where, because of the existence of a safety hazard, a site has been 
stopped for a defined period of time and employees sent off site by 
agreement between Site Managers and any combination of Employee 
Representative/s, Health and Safety Committee, those people who 
remain on site to do rectification work will be paid at the rate of double 
time for all such work. 

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. 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 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 under Clause 13.3 of this Agreement, within a reasonable time, or an issue is the subject of a direction under Clause 13.11 of this Agreement 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



14. 

15. 

• 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 

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. 

Casual Employment 

The employer will not engage an employee as a casual employee merely to 
avoid an obligation under this Agreement. An Employee must not be 
engaged and re-engaged to avoid any obligation under this Agreement. 

A casual Employee will be employed subject to each of the following terms: 

(i) A casual Employee will be engaged for a minimum period of 3 
consecutive hours on each occasion. 

(ii) A casual Employee for working ordinary time will be paid 125% of the 
hourly rate prescribed in Appendix 1, and all relevant allowances, for 
each hour so worked. The penalty rate herein prescribed will be made 
in lieu of annual leave, public holidays, personal leave, rostered days 
off, , compassionate leave payments, prescribed for other Employees 
in the Agreement. 

(iii) A casual Employee, other than an irregular casual Employee, who has 
been engaged by the Employer for a sequence of periods of 
employment under this Agreement during a period of six months, 
thereafter has the right to elect to have their contract of employment 

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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. 0 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



16. 

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. 

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. 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



18. 

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. 

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 (A TO Approved 
Fund) that is administered and/or managed by Redundancy Payment Central 
Fund Ltd (lncolink). 

c) Where the PPTEF Redundancy Scheme is not used, the particular 
Redundancy Scheme to receive the employer's contributions shall be agreed 
between the majority of employees and the employer. Any A TO Approved Fund 
that is administered and/or managed by lncolink shall be taken as agreed to by 
the majority of employees and the employer for the purpose of this clause. 

d) For the purpose of clause (c) once lncolink has notified the employer of the 
relevant ATO Approved Fund (lncolink Responsible Fund) the employer will 
enrol to become a member and will enrol all the employees of the employer 
within the scope of this Agreement in the lncolink Responsible Fund in 
accordance with the constituting documents of the lncolink Responsible 
Fund. The employer must abide by and pay contributions to that lncolink 
Responsible Fund on behalf of each employee in accordance with the 
constituting documents of the lncolink Responsible Fund. The employees 
enrolled shall be entitled to redundancy benefits in accordance with the terms 
of the lncolink Responsible Fund's trust deed. 

e) Where the employer is already a member of an ATO Approved Fund of which 
lncolink is trustee (Appropriate lncolink Fund), the employer shall enrol all the 
employees of the employer within the scope of this Agreement in the 
Appropriate lncolink Fund in accordance with the constituting documents of the 
Appropriate lncolink Fund. The employer must abide by and pay contributions 
to that Appropriate lncolink Fund on behalf of each employee in accordance 
with the constituting documents of the Appropriate lncolink Fund. The 
employees enrolled shall be entitled to redundancy benefits in accordance with 
the terms of the Appropriate lncolink Fund's trust deed. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



f) If lncolink nominates any other A TO Approved Fund the employer shall pay 
contributions to that fund on behalf of each employee in accordance with the 
constituting documents of that other ATO Approved Fund. 

g) In all cases the redundancy payments which the employer is liable to pay are 
whichever are the greater of the entitlement of the employee as per 
Clause 20.3 and the entitlement of the employee under relevantly the lncolink 
Responsible Fund or the Appropriate lncolink Fund trust deed (or under the 
constituting documents of any other ATO Approved Fund nominated by lncolink 
pursuant to its trust deed). 

h) References in this Clause to relevantly the lncolink Responsible Fund or the 
Appropriate lncolink Fund include a reference to another fund for comparable 
purposes nominated by lncolink for the purposes of this Agreement as a fund 
which meets the requirements of relevantly an lncolink Responsible Fund or an 
Appropriate lncolink Fund. 

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 
Redundancy/Severance Pay 

with an employer 

2.4 weeks' pay plus, for all service 
1 year or more but less than 2 in excess of 1 year, 1.75 hours pay 
Years per completed week of service up 

to a maximum of 4.8 weeks' pay 
4.8 weeks' pay plus, for all service 

2 years or more but less than 3 in excess of 2 years, 1.6 hours pay 
Years per completed week of service up 

to a maximum of 7 weeks' pay 

7 weeks' pay plus, for all service in 
3 years or more but less than 4 excess of 3 years, 0.73 hours pay 
Years per completed week of service up 

to a maximum of 8 weeks' pay 
4 years or more 8 weeks' pay 

(a) Provided that an employee employed for less than 12 months will be 
entitled to a redundancy/severance payment of 1.75 hours per week of 
service if, and only if, redundancy is occasioned otherwise than by the 
employee. 

(b) Week's pay means the ordinary time rate of pay at the time of 
termination for the employee concerned. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(c) If an employee dies with a period of eligible service which would have 
entitled that employee to redundancy pay, such redundancy pay 
entitlement will be paid to the estate of the employee. 

(d) Any period of service as a casual will not entitle an employee to accrue 
service in accordance with this clause for that period. 

(e) Service as an apprentice will entitle an employee to accumulate credits 
towards the payment of a redundancy benefit in accordance with this 
clause if the employee completes an apprenticeship and remains in 
employment with that employer for a further 12 months. 

(f) Contributions paid by the employer under this clause will be paid in 
accordance with the requirements of the Scheme's trust deed. 

(g) Upon termination the employee will, depending on the Scheme's trust 
deed, be paid directly by the Scheme. 

(h) For the purpose of meeting its obligations under this clause the 
employer will make the contributions set out in clause 20 above on a 
monthly basis in respect of each employee covered by this Agreement 
to the Scheme. 

(i) Where an employee is entitled to a payment by the Scheme under 
clause 20 and an entitlement under the provisions of this clause would 
be greater, then the employee will receive the difference between the 
amount due under clause 20 and the amount due under this clause, but 
not both. 

18.4 Redundancy Pay Schemes 

(a) Where an employer terminates the employment of an employee and the 
employer incurs a redundancy pay obligation to the employee under this 
clause, some or all of the benefit the employee receives from a 
redundancy pay fund may be set off against the employer's redundancy 
pay obligation under this clause, subject to the following conditions. 

(b) If the employee receives a benefit from the redundancy pay fund, the 
employer may set off any proportion of the benefit which is attributable to 
the employer's contribution to the fund against its redundancy pay 
obligation under this clause. If the proportion so calculated is equal to or 
greater than the employer's redundancy pay obligation under this clause 
the obligation will be fully satisfied. 

(c) If the employee does not receive a benefit from the redundancy pay 
scheme, contributions made by an employer on behalf of an employee to 
the scheme will, to the extent of those contributions, be set off against 
the liability of the employer under this clause and payments to the 
employee will be made in accordance with the rules of the redundancy 
pay scheme fund or any agreement relating thereto. If the contribution is 
equal to or greater than the employer's redundancy pay obligation under 
this clause the obligation will be fully satisfied. 

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(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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



The redundancy pay scheme must be endorsed as an Approved Worker 
Entitlement Fund under Division 426 in Schedule 1 to the Taxation 
Administration Act 1953 (Cth). 

18.5 Employee Leaving During Notice Period 

An employee whose employment is to be terminated in accordance with 
this clause may terminate their employment during the period of notice and 
if this occurs, will be entitled to the provisions of this clause as if the 
employee remains with the employer until expiry of such notice. Provided 
that in such circumstances, the employee will not be entitled to payment 
instead of notice. 

18.6 Transfer Of Business 

Where a business is, before or after the date of this award, transferred from 
an employer (in this subclause called the old employer) to another 
employer (in this subclause called the new employer) and an employee 
who at the time of such transfer was an employee of the old employer in 
that business becomes an employee of the new employer: 

(a) The continuity of the employment of the employee will be deemed not 
to have been broken by reason of such transfer; and 

(b) The period of employment which the employee has had with the old 
employer or any prior old employer will be deemed to be service of the 
employee with the new employer. 

In this subclause, business includes trade, process, business or occupation 
and includes part of any such business and transfer includes transfer, 
conveyance, assignment or succession whether by agreement or by 
operation of law. Transferred has a corresponding meaning. 

19. SHAM CONTRACTING 

19.1 The parties to this agreement acknowledge that sham contracting has the 
potential to undermine fair employment practices, erode employee 
entitlements and affect the job security of employees covered by this 
agreement. A sham contracting arrangement includes where an employer 
attempts to disguise an employment relationship as an independent 
contracting arrangement. This is usually done for the purposes of avoiding for 
employee entitlements. 

19.2 Sham contracting means sham arrangements as described in Part 3-1, 
Division 6 of the Fair Work Act. 

19.3 In this clause, "Sham Contracting" is where. 

a) An employer employs, or proposes to employ, an individual, representing 
to the individual that the contract of employment under which the 
individual is, or would be, employed by the employer is a contract for 

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The redundancy pay scheme must be endorsed as an Approved Worker Entitlement Fund under Division 426 in Schedule 1 to the Taxation Administration Act 1953 (Cth). 18.5 Employee Leaving During Notice Period An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment instead of notice. 18.6 Transfer Of Business Where a business is, before or after the date of this award, transferred from an employer (in this subclause called the old employer) to another employer (in this subclause called the new employer) and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer: (a) The continuity of the employment of the employee will be deemed not to have been broken by reason of such transfer; and (b) The period of employment which the employee has had with the old employer or any prior old employer will be deemed to be service of the employee with the new employer. In this subclause, business includes trade, process, business or occupation and includes part of any such business and transfer includes transfer, conveyance, assignment or succession whether by agreement or by operation of law. Transferred has a corresponding meaning. 19. SHAM CONTRACTING 19.1 The parties to this agreement acknowledge that sham contracting has the potential to undermine fair employment practices, erode employee entitlements and affect the job security of employees covered by this agreement. A sham contracting arrangement includes where an employer attempts to disguise an employment relationship as an independent contracting arrangement. This is usually done for the purposes of avoiding for employee entitlements. 19.2 Sham contracting means sham arrangements as described in Part 3-1, Division 6 of the Fair Work Act. 19.3 In this clause, "Sham Contracting" is where. a) An employer employs, or proposes to employ, an individual, representing to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for 25 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



services under which the individual performs, or would perform, work as 
an independent contractor. 

b) An employer dismisses, or threatens to dismiss, an individual who is an 
employee of the employer and performs particular work for the employer 
in order to engage the individual as an independent contractor to perform 
the same, or substantially the same, work under a contract for services; or 

c) An employer employs, or has at any time employed, an individual to 
perform particular work makes a statement that the employer knows is 
false in order to persuade or influence the individual to enter into a 
contract for services under which the individual will perform, as an 
independent contractor, the same, or substantially the same, work for the 
employer. 

19.4 Clause 19. 3a does not apply if the employer proves that, when the 
representation was made, the employer did not know and was not reckless 
as to whether the contract was a contract of employment rather than a 
contract for services. 

19.5 Any use of sham contracting is a breach of this agreement. 

19.6 Where a sham contracting arrangement has been reasonably alleged and is 
unable to be resolved at the workplace level, any party may refer the 
allegation directly to the FWC for conciliation and/or resolution under clause 
12 of this agreement. All parties will cooperate with the requests of the FWC 
including requests to provide substantiating information or undertaking an 
independent audit of their arrangements. For the avoidance of doubt, an 
effected employee may appoint a representative in relation to such matters. 

19. 7 Where the sham contracting allegation exists on the employers' project or 
workplace, the employer will make itself available to assist in the dispute 
resolution procedure. 

19.8 Where it is agreed or determined by the FWC that a sham contract was in 
place and the person was in fact an employee under this agreement, the 
calculation for backpay will be calculated on the basis of the hourly rate 
contained in this agreement plus site allowance and an additional 85% 
loading to cover entitlements other than CBUS and Redundancy Fund 
Payments. Any difference between the hourly rate paid to the employee, plus 
CBUS and Redundancy Fund Payments will form the settlement for the 
breach of this clause. The affected employee will be re-inducted and fully 
informed of their entitlements under this agreement and the FWA. 

19.9 The employer must ensure that a person engaged to undertake work as an 
employee is lawfully entitled to be so engaged under Australian law. 

19.10 Companies Will Not Engage Labour Hire. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



20. 

PART 4 RENUMERATION AND PAYMENT OF WAGES 

PAYMENT OF WAGES 

20.1 Wages due will be paid by electronic funds transfer into the employee's 
nominated bank or other financial institution account. Wages will be paid 
weekly and (subject only to Public Holiday delays) be available no later 
than close of business on the Thursday following the end of the relevant 
pay period. Employees will receive their pay slips on a weekly basis as 
soon as practicable on or after pay-day. 

20.2 Particulars of details of payment to each employee will be provided in a 
statement issued to the employee at the time payment is made and will 
contain the following information as required by regulation or under The Fair 
Work Act 2009 (as amended): 

i. employer's and employee's name 
ii. employer's Australian Business Number (if applicable) 
iii. pay period 
iv. date of payment 
v. gross and net pay 
vi. the ordinary hourly rate 
vii. Balance of accrued RDO hours 
viii. Accrued sick leave 
ix. Accrued annual leave hours 
x. Income protection payments 
xi. Redundancy contribution 
xii. the number of hours worked at that rate 
xiii. the total dollar amount of pay at that rate 
xiv. any loadings, allowances, bonuses, incentive-based 

payments, penalty rates or other paid entitlements that can be 
separated out from an employee's ordinary hourly rate 

xv. the pay rate that applied on the last day of employment 

Any deductions from the employee's pay, including: 

a. the amount and details of each deduction, 

b. the name, or name and number of the fund / account the 
deduction was paid into 

i. any superannuation contributions paid for the employee's 
benefit, including: 

a. The amount of contributions made during the pay period (or the 
amount of contributions that need to be made), 

b. The name and / or number of the superannuation fund the 
contributions were made to. 

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PART 4 RENUMERATION AND PAYMENT OF WAGES 20. PAYMENT OF WAGES .... 20.1 Wages due will be paid by electronic funds transfer into the employee's nominated bank or other financial institution account. Wages will be paid weekly and (subject only to Public Holiday delays) be available no later than close of business on the Thursday following the end of the relevant pay period. Employees will receive their pay slips on a weekly basis as soon as practicable on or after pay-day. 20.2 Particulars of details of payment to each employee will be provided in a statement issued to the employee at the time payment is made and will contain the following information as required by regulation or under The Fair Work Act 2009 (as amended): i. employer's and employee's name ii. employer's Australian Business Number (if applicable) iii. pay period iv. date of payment v. gross and net pay vi. the ordinary hourly rate vii. Balance of accrued RDO hours viii. Accrued sick leave ix. Accrued annual leave hours x. Income protection payments xi. Redundancy contribution xii. the number of hours worked at that rate xiii. the total dollar amount of pay at that rate xiv. any loadings, allowances, bonuses, incentive-based payments, penalty rates or other paid entitlements that can be separated out from an employee's ordinary hourly rate xv. the pay rate that applied on the last day of employment Any deductions from the employee's pay, including: a. the amount and details of each deduction, b. the name, or name and number of the fund / account the deduction was paid into i. any superannuation contributions paid for the employee's benefit, including: a. The amount of contributions made during the pay period (or the amount of contributions that need to be made), b. The name and / or number of the superannuation fund the contributions were made to. 27 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 

21. 

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. 

SUPERANNUATION 

21 .1 The level of contributions paid on behalf of each employee will be in 
accordance with the table below 

Current Rate 11% 
1 st April 2024 11% 
1 st April 2025 11.5% 
1 st April 2026 12% 
1st April 2027 12% 

21.2 Superannuation will be paid on all ordinary time earnings, RDO's, Travel 
Allowance, Site Allowance, Productivity Allowance, Leading Hands 
allowances, and all allowances specifically covered by the 
Superannuation Guarantee Charge (SGC) 

21 .3 The Employer will contribute on behalf of each Employee the SGC of 
Ordinary Time Earnings into CBUS or another complying MySuper fund 
as required by the Superannuation Guarantee (Administration) Act 1992 
(Cth) (SGAA). Subject to the SGAA, CBUS shall be the default fund in 
the event an Employee fails to nominate another complying MySuper 
fund. 

21.4 The Employer will provide each employee with a copy of a form provided 
by CBUS that enables the employee to give written notice to the 
Employer that CBUS is their chosen fund, together with factual 
information approved by the Union and CBUS to enable the employee to 
exercise this choice. This will be provided: 

(a) on or before commencement of their employment. 

(b) if the Employer is notified by the ATO that the employee has 
stapled fund; and 

(c) at other times as required or requested. 

21.5 The Employee will be given a reasonable opportunity to nominate CBUS 
as the Employee's chosen fund. If the Employer does not receive written 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



notice from the Employee indicating their choice of fund within a 
reasonable timeframe, and no later than 28 days of commencing 
employment, then the Employer will provide the above information again 
to the Employee along with a standard choice form specifying CBUS as 
the nominated default superannuation fund. 

21.6 The employer will, as part of the induction process for all new employees, 
provide each new employee with written information provided by the 
Union and/or CBUS about superannuation, choice of fund and the 
specific benefits of construction industry focussed superannuation funds 
for employees covered by this agreement. 

21. 7 Absence From Work 

(a) Subject to the governing rules of the relevant superannuation fund, 
the Employer will make the superannuation contributions provided for 
in Clause 21.3 in the following circumstances: 

(b) Paid Leave 

Contributions will continue whilst a member of a Fund is absent on 
paid annual leave, sick leave, for the purposes of taking long service 
leave, public holidays, jury service, bereavement leave, or any other 
paid leave. 

(c) Unpaid Leave 

Contributions will not be required in respect of any period of absence 
from work without pay of one day or more. 

(d) Work Related Injury Or Illness 

In the event of an eligible Employee's absence from work (subject to 
maximum of 52 weeks) of the Employee due to work related injury or 
work-related illness, contributions at the normal rate will continue for 
the period of the absence provided that: -

The member of the fund is receiving workers compensation payments 
or is receiving regular payments directly from the Employer in 
accordance with statutory requirements or the provisions of this 
Agreement; and the person remains an Employee of the Employer. 

21.8 EMPLOYEE CONTRIBUTIONS 

(a) The Employee can elect to salary sacrifice part or all of his or her 
wages or other allowable entitlements into a superannuation fund of 
the Employee's choosing provided that: 

i. The arrangement complies with relevant legislation and Employers 
policy as amended from time to time. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



22. 

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 

GENERAL 

22.1 Apprentices including hosted apprentices through a group scheme 
and alike, will be entitled to all terms and conditions of this agreement. 
Rates of pay and allowances will be in accordance with the charts 
contained in the Appendix. 

22.2 In determining the wages to be paid to an apprentice, any credit 
applicable to the term of the apprenticeship will be counted as part of 
the term of apprenticeship already completed. 

22.3 Attending College/School. 

Apprentices will be paid all wages and allowances, including but not 
limited to travel and site allowance as specified by this Agreement for 
time spent attending college/school in the course of their 
apprenticeship. All time spent attending college/school in the course 
of the apprenticeship will count as time served for all purposes. 

Apprentices Attending Technical College On RDO 

22.3 a An apprentice working in an establishment under a particular 
work cycle in accordance with this Part who attends technical 
college on a rostered day off, shall be afforded another ordinary 
working day off as substitution for the rostered day off. Any 
substituted day must be taken in the current or next succeeding 
work cycle. 

22.4 Except where it is inconsistent with this clause, the provisions of the 
Plumbing and Fire Sprinkler Award 2010 will apply to apprentices. 

22.5 Fees due to be paid by an apprentice for attending the Plumbing 
Trade Course shall be paid by the employer at the time such fees 
become due. Where an apprentice fails to complete a course of study 
or fails a particular subject any additional fees due to complete the 
course will be the responsibility of the apprentice. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



22.6 All Apprentices will be enrolled and attend the PICAC Glenwood 
Training Centre. 

22.6 RDO's I Public Holidays 

In addition to the provisions otherwise provided in this agreement 
where Public Holiday or RDO falls on a day on which the apprentice is 
required to attend and does attend technical college or registered 
training organisation), the next working day shall be taken in lieu of 
the public holiday / rostered day off unless an alternative day in that 
four-week cycle is agreed between the apprentice and the employer. 

22. 7 Any disputes arising out of the provisions of this clause shall be dealt 
with through the dispute settlement procedure. 

22.8 The provisions of this clause shall not apply to school-based 
apprentices. 

22.9 An apprentice will not work under any system of payment by results. 

22.10 Overtime - Apprentices 

a) Except in an emergency, be required to work overtime or shift 
work at times which would prevent their attendance at technical 
school or a registered training organisation. 

b) When working overtime, the apprentice should be under the 
direction of a tradesperson. 

a) Be paid at the overtime, meals and other penalties rates that 
apply under this Agreement. 

22.11 Adult Apprentices 

a) Where a person was employed by an employer immediately prior to 
becoming an adult apprentice with that employer, such person will 
not suffer a reduction in the rate of pay by virtue of entering into a 
training agreement. 

22.12 Termination of Employment for Apprentices 

An apprentice is entitled to notice of termination, unless they're: 

• employed for a specified period, such as a training contract. 
• dismissed for Serious Misconduct 

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31 


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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



23. 

PART 6 HOURS OF WORK AND RELATED MATTERS 

ORDINARY HOURS OF WORK 

23.1 Except as provided elsewhere in this agreement, the average ordinary 
working hours will be 36 per week worked in accordance with the 
following provisions for a four-week work cycle: 

This Time Will Accrue As Follows: 

0.8 hours (48 minutes) accrued per day worked or per day of paid leave 
taken; 

23.2 Rostered Days Off 

a) The ordinary working hours shall be worked in a 10 day/ 2-week 
cycle, Monday to Friday inclusive with eight hours worked for each 
nine [9] days, and with 0.8 of an hour on each of those days 
accruing toward the tenth day and can be taken as a paid day off. 
The tenth day shall be known as the Rostered Day Off or 'RDO'. 

b) RDO's shown as flexible RDO's in the RDO Calendar (Appendix 6) 
can be worked and banked. 

c) Accrued RDO time may be used for a paid Saturday up to 7.2 hours 
during Designated Long weekends. 

d) Subject to Clause 23.6, RDOs not attached to a Designated Long 
Weekend are paid at the ordinary time rate paid to Employees at the 
time of taking the RDO, and on all RDOs payment shall include the 
daily 'TRAVEL Allowance', and any applicable allowances as 
prescribed by this Agreement. 

e) For clarity, 26 RDOs shall be accrued by an Employee in each 
twelve months continuous service. 

f) Each day of paid leave taken and any public holiday occurring 
during any cycle of two weeks will be a day worked for accrual 
purposes. 

g) Upon commencement of employment, Employees who have not 
worked a complete ten day/two-week cycle, shall receive pro-rata 
accrual entitlements for the first RDO or group of RDOs falling after 
their commencement of employment. Thereafter, for the duration of 
employment with that employer, RDOs will be paid in full as they 
occur. 

23.3 RDO Schedule, Public Holidays, Designated Long Weekends and 
Christmas Annual Leave 

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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. 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 
ROG/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 ROOs worked by the Employee 
within the previous six weeks. 

(iii) the Employee's family responsibilities; and 

(iv) any other special circumstances peculiar to the Employee. 

c) Except on Designated Long Weekends, in addition to accrued entitlements, 
such work on any scheduled RDO that is not attached to a Designated 
Long weekend and where notice is given in accordance with clause 23.4 a) 
shall be paid for at ordinary time rates of pay, including the daily 'Travel 
Allowance' and any applicable allowances as prescribed by this 
Agreement. 

d) On Designated Long Weekends, in addition to accrued entitlements such 
work shall be paid for at double time and a half, including the daily 
'TRAVEL Allowance' and any applicable allowances as prescribed by this 
Agreement and the Employee shall bank an additional RDO over and 
above the time accrued. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



e) All Employees who work on the Scheduled RDO will be granted an 
alternative RDO to another day falling within six weeks of the originally 
scheduled day provided that the re-scheduled RDO is to be taken on a day 
or days adjacent to a 'weekend or in conjunction with annual leave, or as 
otherwise agreed by the Employee and the Employer, such agreement not 
to be unreasonably withheld. 

23.5 Work on Scheduled RDOs and Designated Long Weekends for 
Identified Projects 

This sub clause will apply for Work on Scheduled RDOs and Designated Long 
Weekends for Identified Projects that are structured over a 5-day, Monday to 
Friday working week. 

Hours of Work 

The provisions of Clause 23.1 of the Agreement apply. 

Overtime 

a) It is the intention of the Employer and Employees that excessive 
overtime will not be worked. 

b) To this end the general standard of weekly hours will usually not be 
more than 50 hours per week, which shall be taken to mean not more 
than 10 hours per day Monday to Friday, for an individual Employee. 
The aforesaid 'usual weekly hours' of the affected Employees may by 
agreement be exceeded from time to time to perform works which the 
Employer considers necessary and to meet operational requirements, 
including but not limited to the need to perform works which are critical to 
the ongoing productivity or safety of other employees on the project or 
where a critical work task is delayed due to unforeseen circumstances. 

c) Reflecting this intention, it is recognised that the Employer is not 
restricted as to the setting of daily hours within the 50-hour general 
standard. 

d) An Employee may refuse to work overtime in circumstances where the 
working of such overtime would result in the Employee working hours 
which are unreasonable having regard to matters including: 

(i} any risk to Employee health and safety including the risk of fatigue 
i.e. excessive hours, 
exposure to noise, fumes, or any matter that can impair an 
Employee's ability to work safely and/or create a danger to 
Employees; or 

(ii} the Employee's personal circumstances including any family 
responsibilities; or 

(iii) the notice (if any) given by the Employer of the overtime and by the 
Employee of his or her intention to refuse it; or 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(iv) any other relevant matter. 

Rostered Days Off 

The provisions of Clauses 23.3, 23.4 and 23.5 of the Agreement apply 
with the following exceptions: 

i. Projects will be fully operational on all scheduled RDOs days not 
attached to a Designated Long Weekend (which include the Easter 
and Christmas shutdown periods). 

If an Employee works on a scheduled RDO, they will take the accrued 
RDO as a substitute day within prior to the next scheduled RDO from the 
Scheduled RDO falling in the RDO calendar. 

23.6 Banking Of RDO's 

Where the Employer and Employee agree up to six days RDOs in a 
twelve-month period may be accrued for the purpose of creating a bank 
to be drawn upon by the Employee at times mutually agreed. Details of 
such banked RDOs shall be entered on to each Employee's employment 
records. These RDOs may be taken as a group of consecutive days or 
any other combination subject to reasonably notice by an Employee. 

23.7 Early start 

By agreement between the employer and employees, the working day 
may begin at 6.00 am. Or at any other time between that hour and 8.00 
a.m. and the working time will then begin to run from the time so fixed, 
with a consequential adjustment to the meal break. 

23.8 Employees will be entitled to take five minutes immediately before lunch 
and 10 minutes before finishing time to enable them to wash and put away 
gear. The washing time breaks will be counted as time worked. 

23.9 Where an employee is required to undertake inductions, or any other site­
specific online training after hours, they will be paid a minimum of 4 hours 
pay at the appropriate rates. If the induction is time stamped then the 
employee will only be paid for the time taken to do the inductions or any 
other training that may be required. 

23.10 Upon ceasing employment with the Employer, Employees with RDO 
Accruals will receive 1 days Travel Allowance for every 7 .2 Hours 
accrued. 

24. WORK BREAKS 

24.1 Meal Breaks 

There will be a cessation of work and working time within the first 5 hours 
of each day for the purpose of a meal on each day, of not less than 

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(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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



30 minutes, to be taken at a time that meets the needs of each particular 
project. Employees will not be required to work more than 5 hours 
without a rest break. 

24.2 Variation Of Meal Breaks 

Where, because of the area or location of a project, the period of the 
meal break may be lengthened to not more than 45 minutes with a 
consequential adjustment to the daily time of cessation of work. 

24.3 Daily Rest Breaks 

There will be allowed, without deduction of pay, a rest period of 10 
minutes between 9.00 am and 11 00 am. 

24.3 a One Break Per Day 

If for any reason only One (1) break is taken per day, any time worked 
after Eight (8) will be deemed as overtime and appropriate penalties 
rates will apply. Applicable to Monday to Friday work only. 

For Example: 
Start Time 6.00 a.m. - 30 Minute Break- penalties apply after 2 p.m. 
Start Time 7.00 a.m. - 30 Minute Break - penalties apply after 3 p.m. 

24.4 Overtime Rest Breaks 

(a) When an employee is required to work overtime after the usual 
ceasing time for the day for two hours or more, the employee will be 
allowed to take without deduction of pay, a rest break of 20 minutes 
in duration immediately after such ceasing time and thereafter, after 
each four hours of continuous work, the employee will be allowed to 
take also, without deduction of pay, a rest break of 30 minutes in 
duration. 

(b) In the event of an employee remaining at work after the usual ceasing 
time without taking the rest break of 20 minutes and continuing at 
work for a period of two hours or more, the employee will be regarded 
as having worked 20 minutes more than the time worked and be 
paid accordingly. 

(c) For the purpose of this clause usual ceasing time is at the end of 
ordinary hours inclusive of time worked for accrual purposes as 
prescribed in clause Ordinary Hours of Work. 

(d) Where an agreement is reached pursuant to clause 24.2, the 
agreement may make provision for the variation of work breaks to suit 
the arrangement of hours of work. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



25. OVERTIME 

25.1 Overtime Generally 

All overtime will be paid at the rate of double time. 

25.1.2 Call-Back 

An employee recalled to work overtime after leaving the employer's 
business premises (whether notified before or after leaving the 
premises) will be paid for a minimum of three hours work at the 
appropriate rates for each time the employee is so recalled. Except in 
the case of unforeseen circumstances the employee will not be 
required to work the full three hours if the job or jobs the employee 
was recalled to perform is completed within a shorter period. When an 
employee is recalled to work after leaving the employer's business 
premises prior to the expiration of a ten-hour break after ordinary 
ceasing time and the actual time worked on the call out does not 
exceed three hours, the provisions of this clause will not apply. In 
addition: 

This sub-clause will not apply in cases where it is customary for an 
employee to return to the employer's premises to perform a specific 
job outside ordinary working hours, or where the overtime is 
continuous (subject to a reasonable meal break) with the completion 
or commencement of ordinary working time. 

25.1.3 Working During Meal Break 

If the employer requires an employee to work through their normal 
meal break the employee will be paid at the rate of double time until 
the employee is allowed to take such a break. Where the meal break 
is shortened by agreement, the employer will pay for the period by 
which the meal break is shortened, which will then form part of 
ordinary time hours. 

25.1 .4 Transport After Overtime Or Holiday Work 

When an employee, after having worked overtime for which the 
employee has not been regularly rostered or on a prescribed holiday, 
finishes work at a time when reasonable means of transport are not 
available the employer will pay the cost of or provide a conveyance to 
their home or to the nearest public transport. 

25 .. 1.5 Breaks Between Working Days 

An employee who works so much overtime that, between the 
termination of ordinary work on one day and the commencement of 
ordinary work on the next day, the employee has not had at least ten 
consecutive hours off duty between those times, or on a Saturday, 
Sunday or Holiday without having had ten consecutive hours off duty 
in the 24 hours preceding ordinary commencing time on their next 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 

27. 

26.1 All time worked on a Saturday or a Sunday will be paid for at double 
time of the appropriate rate. 

26.2 An employee required to work on a Saturday or Sunday will be afforded 
at least three hours' work on a Saturday or a Sunday or will be paid for 
four hours on a Saturday or a Sunday at the appropriate rate. Provided 
that on urgent service work an employee will be paid in accordance 
with 25.1 (a) 

26.3 An employee working overtime on a Saturday or a Sunday will be 
allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 
a.m. This rest period is to be paid for as though worked. 

26.4 An employee working on a Saturday or Sunday will be allowed a paid 
meal break of 20 minutes after four hours' work, to be paid for at the 
ordinary rate of pay, but this will not prevent any arrangements being 
made for the taking of a 30-minute meal period, the time in addition to 
the paid 20 minutes being without pay. In the event of an employee 
being required to work in excess of a further four hours, the employee 
will be allowed to take a paid rest break of 30 minutes which will be 
paid at the ordinary rate of pay. 

NIGHT SHIFT 

Wherever it may be found necessary in the erection, alteration, 
renovation or demolition of buildings to work wholly by night, or in two 
shifts, day and night, the following terms and conditions will apply: 

27.1 No employee who is employed during the ordinary hours will be 
employed on night shift except on overtime rates or vice-versa. 

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ordinary day will, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. i. If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. ii. An employee who has worked continuously (except for work breaks allowed by this Agreement) for 20 hours including holiday work will not be required to continue at or recommence work for at least twelve hours. 26. WEEKEND WORK 26.1 All time worked on a Saturday or a Sunday will be paid for at double time of the appropriate rate. 26.2 An employee required to work on a Saturday or Sunday will be afforded at least three hours' work on a Saturday or a Sunday or will be paid for four hours on a Saturday or a Sunday at the appropriate rate. Provided that on urgent service work an employee will be paid in accordance with 25.1(a) 26.3 An employee working overtime on a Saturday or a Sunday will be allowed a paid rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period is to be paid for as though worked. 26.4 An employee working on a Saturday or Sunday will be allowed a paid meal break of 20 minutes after four hours' work, to be paid for at the ordinary rate of pay, but this will not prevent any arrangements being made for the taking of a 30-minute meal period, the time in addition to the paid 20 minutes being without pay. In the event of an employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes which will be paid at the ordinary rate of pay. 27. NIGHT SHIFT Wherever it may be found necessary in the erection, alteration, renovation or demolition of buildings to work wholly by night, or in two shifts, day and night, the following terms and conditions will apply: 27.1 No employee who is employed during the ordinary hours will be employed on night shift except on overtime rates or vice-versa. 38 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



27.2 Reasonable time will be allowed for a meal or meals during such shift. 

27.3 In such cases where night shifts are worked and employment continues 
for more than one week, employees will work five shifts per week of 
eight hours. Employees on shift work will accrue 0.4 of one hour for each 
eight hour shift worked to allow one complete shift to be taken off as a 
paid shift for every twenty shift cycle. This twentieth shift entitlement will 
be in accordance with Clause 23 - ordinary hours of work. This twentieth 
shift will be paid for at the appropriate shift rate as prescribed by this 
clause and the appropriate allowance under clause 14- travel. 

27.4 In addition to clause 27.3, employees engaged in Sydney (as defined) 
will accrue an additional 0.4 hours for each 8-hour shift worked that will 
accrue as an RDO entitlement in accordance with Clause 23 - Ordinary 
Hours of work. 

27.5 Paid leave taken during any cycle of four weeks and public holidays as 
prescribed by clause 28 - Public holidays and holiday work will be 
regarded as shifts worked for accrual purposes. 

27.6 Except as provided above, employees not working a complete four-week 
cycle will be paid accrued pro rata entitlement for each shift worked on a 
programmed shift off or, in the case of termination of employment on 
termination. 

27.7 The employer and employee will agree in writing upon arrangements for 
rostered paid days off during the twenty shift cycle or for accumulation of 
accrued days to be taken at or before the end of the particular contract, 
provided that such accumulation will be limited to no more than five such 
accrued days before they are taken as paid days off, and when taken 
those days will be regarded as days worked for accrual purposes in the 
particular twenty shift cycle. 

27.8 Once such days have been rostered they will be taken as paid days off 
provided that where the employer for emergency reasons requires an 
employee to work on a rostered day off, the employee will be paid in 
addition to their accrued entitlement, penalty rates prescribed in 25.1 (a). 

27.9 An employee employed for less than five continuous shifts in any 
working week will be paid in accordance with clause 25 - Overtime, and 
clause 26 - Weekend Work. In cases where the employee has been 
employed on night shift for more than one week continuously then in 
such cases if the job finishes during the currency of the week's work the 
employer will be at liberty to terminate the engagement and will pay to 
such employee the rate fixed for night shift work for the time actually 
worked. In cases where less than a full week is worked, due to the action 
of the employee, the rate payable for the actual time worked will be 
ordinary night shift rates. 

27.10 The rate of pay for night shift will be time and one half (150%). 

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39 


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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



28. 

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. 

PRESENTING FOR WORK BUT NOT REQUIRED 

An employee, if engaged and presenting for work to commence 
employment and not being required will be entitled to at least eight hours' 
work or payment therefore at ordinary rates, plus the appropriate allowance 
prescribed by Clause 34 - Travel Allowance. This clause will not apply if 
the services of an employee are not required by reason of inclement 
weather in which case the provisions of Clause 29 - Inclement Weather, will 
apply. 

29. INCLEMENT WEATHER 

29.1 Inclement weather will mean the existence of abnormal climatic 
conditions such as rain, hail, snow, cold, high wind, smoke, severe dust 
storm, extreme of high temperature of 35 degrees or the like (or any 
combination of these) during which it is either not reasonable or not safe 
for employees exposed thereto to continue working. 

29.2 Process to be followed: 

• Employees or their representative may request to meet with the 
employer or their representative for the purposes of determining 
whether or not conditions are inclement. Such meeting shall 
occur within 30 minutes of the scheduled starting time or the 
weather becoming inclement; 

• Employees are required to remain on the site until this meeting 
has occurred and a decision has been made; and 

• If the employer refuses to meet within this time, employees will be 
entitled to cease work for the rest of the day and be paid in 
accordance with this clause. 

29.3 Once the meeting has occurred, the following shall apply: 

Transfers 

29.4 Employees may be transferred to an area or site not affected by 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



inclement weather if useful work that is within the scope of the 
employees' skill, competence and training consistent with the 
classification structure of this agreement is available at that site, 
provided: 

a. a covered walkway and or adequate protection for the employee and 
their tools has been provided to access the new site or to access 
vehicles to transport the employees to the new site. 

b. the new site is under cover and the employees can get to the dry 
area without going through the rain. 

c. adequate protection for the employee's tools is provided; and 
d. Employees have access to all amenities without having to walk 

through the rain. 

29.5 Where an employee is required to transfer from one site to another, they 
will be reimbursed the cost of transport at the rate of $0.78 per kilometer. 

Remaining on Site 

29.6 Where, because of inclement weather, the employees are prevented 
from working and have been sitting in the sheds for: 

a. more than an accumulated total of 4 hours of ordinary time in any 
1 day; or 

b. more than 50 percent of the normal afternoon work time after the 
meal break; or 

c. more than 50 percent of the normal afternoon work time after the 
meal break; or 

d. more than an accumulated total of one hour during the final 2 
hours of the normal workday; or 

e. the reason that they are unable to access the amenities. 

29. 7 Employees will be entitled to cease work and leave the site for the day 
and shall be paid in accordance with this clause. 

Rain at Starting Time or During Breaks 

29.8 When the employees are in the sheds, be it at starting time, break time or 
lunch time, and it is raining, they are to remain in the sheds. 

29.9 Employees may be required to go to work in a dry area or be transferred 
to another site that is not affected by the inclement weather provided: 

a. a covered walkway and or adequate protection for the employee and 
their tools has been provided. 

b. the sheds are under cover and the employees can get to the dry area 
without going through the rain; and 

c. employees have access to all amenities. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 

30. 

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. 

JURY SERVICE MAKE-UP PAY 

An employee required to attend for jury service will be entitled to have their 
pay made up by the employer to an amount equal to their ordinary pay for 
eight hours (inclusive of accrued entitlements prescribed by clause 23 -
Ordinary Hours of work per day plus Travel Allowance. The employee will 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



give the employer proof of such attendance and the amount received in 
respect of such jury service. 
The employee must notify the Employer as soon as practicable of the date 
upon which their attendance is required and must provide the Employer 
with proof of attendance, the duration of such attendance, and the amount 
received in respect thereof. 

PROTECTIVE CLOTHING 

31.1 UPON COMENCEMENT Employees will be issued with Two Shirts. 

Within 152 Hours worked, all new employees will receive the following 
Protective Clothing: 

(a) Two (2) Long Sleeve or Short Sleeve Shirts 
(b) Two (2) Pairs of Trousers or Shorts or Overalls 
(c) One (1) Pair Boots to the value of up to $125.00 
( d) One ( 1) Jacket 

31.2 Protective Clothing shall be replaced on a fair wear and tear basis. 

31.3 The protective clothing detailed above shall be divided into two issues 
and distributed to employees as a summer and winter issue. 

31.4 Where an employee is required to wear protective clothing other than 
that provided for above and/or use protective equipment as stipulated 
by an applicable law, the employer must reimburse the employee for 
the cost of such protective clothing and/or equipment. This will not 
apply where the clothing and/or equipment is paid for by the 
employer. 

31.5 The clothing detailed above can be varied following agreement 
between the employer and the consultative committee. 

31.6 For Employees working Underground on road Infrastructure, the 
employer will supply each Employee with a Versa Flo Mask or 
equivalent with consultation with all parties to this agreement. 

32. COMPENSATION FOR TOOLS AND CLOTHING 

32.1 An employee whose clothes, spectacles, hearing aid, or tools have 
been accidentally spoilt by acid, sulphur or other substances will be 
paid such amount to cover the loss as may be agreed upon with their 
employer. 

32.2 An employee will be reimbursed by the employer to a maximum of 
$1500 for loss of tools or clothing by fire or breaking and entering 
whilst securely stored at the employer's direction in a room or building 
on the employer's premises, job or workshop or if the tools are lost or 
stolen while being transported by the employee at the employers' 
direction, or if the tools are accidentally lost over water or if tools are 
lost or stolen during an employee's absence after leaving the job 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



because of injury or illness. An employee transporting their own tools 
will take all reasonable care to protect those tools and prevent theft or 
loss. 

32.3 Where an employee is absent from work because of illness or 
accident and has advised the employer in accordance with clause 30 -
Personal leave, the employer will ensure that the employee's tools are 
securely stored during his/her absence. In the event that these tools 
are lost or stolen, clause 32.2 applies. 

32.4 When the employer requires an employee to wear spectacles with 
toughened glass lenses the employer will pay for the toughening 
process or the cost of the new lenses. 

32.5 For the purposes of this clause: 

(a) Only tools used by the employee in the course of their 
employment will be covered by this clause. In that regard a list 
of tools appropriate for this purpose is contained in Appendix 3. 

(b) The employee will, if requested to do so, furnish the employer 
with a list of tools so used. 

(c) Reimbursement will be at the current replacement value of new 
tools of the same or comparable quality. 

(d) The employee will report any theft to the Employer and the 
police prior to making a claim on the employer for replacement 
of stolen tools. 

33. TOP-UP WORKERS COMPENSATION/ 24 HOUR ACCIDENT AND 
SICKNESS INSURANCE 

The Employer recognises the importance of providing income security for 
employees and their families in the event of unforeseen circumstances 
occurring. In this regard the Employer will, as part of this Agreement take 
out a Top Up, 24 hr. accident and sickness insurance with Marsh Pty Ltd 
for all employees other than casuals. This policy will contain provisions that 
allow approved benefits to be paid within 14 days resulting from an 
accident or sickness, and within 30 days resulting from an amateur sporting 
injury. The maximum cost to the Employer will not exceed $26.00 per week. 

PART 7 ALLOWANCES 

34. TRAVEL ALLOWANCE 

34.1 Employees will be entitled to a travel allowance in accordance with 
this clause to compensate for travel patterns and costs peculiar to the 
industry which include mobility/construction and related industries. 

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because of injury or illness. An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 32.3 Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 30 - Personal leave, the employer will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, clause 32.2 applies. 32.4 When the employer requires an employee to wear spectacles with toughened glass lenses the employer will pay for the toughening process or the cost of the new lenses. 32.5 For the purposes of this clause: (a) Only tools used by the employee in the course of their employment will be covered by this clause. In that regard a list of tools appropriate for this purpose is contained in Appendix 3. (b) The employee will, if requested to do so, furnish the employer with a list of tools so used. (c) Reimbursement will be at the current replacement value of new tools of the same or comparable quality. (d) The employee will report any theft to the Employer and the police prior to making a claim on the employer for replacement of stolen tools. 33 TOP-UP WORKERS COMPENSATION / 24 HOUR ACCIDENT AND SICKNESS INSURANCE The Employer recognises the importance of providing income security for employees and their families in the event of unforeseen circumstances occurring. In this regard the Employer will, as part of this Agreement take out a Top Up, 24 hr. accident and sickness insurance with Marsh Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid within 14 days resulting from an accident or sickness, and within 30 days resulting from an amateur sporting injury. The maximum cost to the 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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. 7 4 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. 7 4 per kilometre as reimbursement for the additional fuel costs 
incurred covering the combined distance from the defined radius to 
the job site and return to the defined radius. 

b) An employee who lives close to the boundaries of the defined 
radius and who is requested to travel beyond the defined radius 
can reach mutual agreement between the employer and employee 
for the excess travel allowance not to be paid on fair and 
reasonable grounds that the employee is not travelling further than 
what would be considered a normal day's travel to a job site within 
the defined radius. 

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34.2 Travel allowance will be in accordance with the charts contained at Appendix's. 34.3 An employee will be paid travel on RDOs. a) The travelling allowances are daily allowances where the employee is required to: (i) start or finish work at a job site. (ii) start or finish work at the usual times; and (iii) uses his/her own vehicle or uses public transport. 34.4 Transfer Between Job Sites During Working Hours a) Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites. b) Where the employer requests an employee to use their own vehicle to affect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.74 per kilometre. 34.5 Standard Travelling Time Allowance The standard travelling time component is an amount based on travel within the boundaries of Broken Bay to the North, Nepean River to the West, Wollondilly to the South West, and Waterfall to the South. 34.6 Mileage Allowance For Travel Beyond Defined Radius a) An employee entitled to the additional travelling time allowance beyond the defined radius under clause 34.5 and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.74 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius. b) An employee who lives close to the boundaries of the defined radius and who is requested to travel beyond the defined radius can reach mutual agreement between the employer and employee for the excess travel allowance not to be paid on fair and reasonable grounds that the employee is not travelling further than what would be considered a normal day's travel to a job site within the defined radius. 45 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



35. 

36. 

37. 

39. 

40. 

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, 

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. 

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. 

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 
1 s1 April 2024 
1 s1 April 2025 
1 s1 April 2026 
1 s1 April 2027 

LEADING HAND ALLOWANCE 

1-10 employees = $35 per week. 
10 + employees = $55 per week. 

HOT WORK 

$12.47 
$15 
$20 
$20 
$20 

a) An employee who works in a place where the temperature has been 
raised by artificial means to between 46 and 54 degrees Celsius will be 

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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 46 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



paid an additional $1 or part thereof; with an additional $1 or part 
thereof, where the temperature exceeds 54 degrees Celsius. 

b) Where such work continues for more than two hours, the employee will 
be entitled to 20 minutes' rest after every two hours work without loss of 
pay, not including the special rate provided for in clause 40(a). 

41. COLD WORK 

42. 

42.1 

a) An employee who works in a place where the temperature is lowered 
by artificial means to less than 0 degrees Celsius will be paid an 
additional $0.54 per hour. 

b) Where such work continues for more than two hours, the employee 
will-be entitled to 20 minutes' rest after every two hours work without 
loss of pay, not including the special rate provided for in clause 
41 (a). 

LIVING AWAY FROM HOME- DISTANT WORK 

Qualification 

An employee will be entitled to the provisions of this clause when employed 
on a job or construction work at such a distance from their usual place of 
residence that the employee cannot reasonably return to that place each 
night. 

42.2 Employee's Address: 

At the time of engagement, the employee will provide, on the employer's 
request, details of their usual place of residence, being: 

(a) The address of the place of residence at the time of application; and 

(b) The address of a separately maintained residence, if applicable. 

(c) The employer will not exercise undue influence, for the purpose of 
avoiding its obligations under this Agreement, to persuade the 
employee to give a false address. No subsequent change of address 
will entitle an employee to the provisions of this clause unless the 
employer agrees. 

42.3 Entitlement 

Where an employee qualifies under 42.1 the employer will either: 

a) Provide the employee with reasonable board and lodging to a 
standard of no less than 3-star accommodation, with two meals daily, 
being breakfast and dinner, and an out-of-pocket allowance of 
$50.00 per day, or 

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paid an additional $1 or part thereof; with an additional $1 or part thereof, where the temperature exceeds 54 degrees Celsius. b) Where such work continues for more than two hours, the employee will be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 40(a). 41 COLD WORK a) An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius will be paid an additional $0.54 per hour. b) Where such work continues for more than two hours, the employee will-be entitled to 20 minutes' rest after every two hours work without loss of pay, not including the special rate provided for in clause 41(a). 42. LIVING AWAY FROM HOME - DISTANT WORK 42.1 Qualification An employee will be entitled to the provisions of this clause when employed on a job or construction work at such a distance from their usual place of residence that the employee cannot reasonably return to that place each night. 42.2 Employee's Address: At the time of engagement, the employee will provide, on the employer's request, details of their usual place of residence, being: (a) The address of the place of residence at the time of application; and (b) The address of a separately maintained residence, if applicable. (c) The employer will not exercise undue influence, for the purpose of avoiding its obligations under this Agreement, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of this clause unless the employer agrees. 42.3 Entitlement Where an employee qualifies under 42.1 the employer will either: a) Provide the employee with reasonable board and lodging to a standard of no less than 3-star accommodation, with two meals daily, being breakfast and dinner, and an out-of-pocket allowance of $50.00 per day, or 47 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



b) Pay an accommodation allowance of $150.00 per day, and an out-of­
pocket allowance of $50.00 per day, but such allowances will not be 
counted as wages. The foregoing accommodation allowance will be 
increased if the employee can satisfy the employer that the 
employee reasonably incurred a greater outlay than that prescribed 
in clause 42.3 

42.4 Travelling Expenses 

An employee who is sent by the employer or selected or engaged by an 
employer or agent of the employer to go to a job which qualifies them to the 
provision of this clause will not be entitled to any of the allowances 
prescribed by clause 34 - Travel, for the period occupied in travelling from 
their usual place of residence to the distant job, but in lieu thereof will be 
paid: 

Forward Journey 

a. For the time spent in so travelling, at ordinary rates up to a maximum of 
eight hours per day for each day of travel (to be calculated as the time 
taken by rail or the usual travelling facilities). 

b. For the amount of a fare on the most common method of public transport 
to the job (bus; air; rail with sleeping berths if necessary), and any 
excess payment due to transporting their tools if such is incurred. 

c. For any meals incurred while travelling at $10.97 per meal. The 
employer may deduct the cost of the forward journey fare from an 
employee who terminates or discontinues their employment within two 
weeks of commencing on the job and who does not forthwith return to 
their place of engagement. 

Return Journey 

a. An employee will, for the return journey, receive the same time, fares, 
and meal payments as provided in 42.4(a) above, together with an 
amount of $17.24 to cover the cost of transport from the main public 
transport terminal to their usual place of residence. 

b. The above return journey payments will not be paid if the employee 
terminates or discontinues their employment within two months of 
commencing on the job, or if the employee is dismissed for whatever 
reason within one working week of commencing on the job or is 
dismissed for misconduct. 

c. Departure point- for the purposes of this clause, travelling time will be 
calculated as the time taken for the journey from the central or regional 
rail, bus or air terminal nearest the employee's usual place of residence 
to the locality of the work. 

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b) Pay an accommodation allowance of $150.00 per day, and an out-of- pocket allowance of $50.00 per day, but such allowances will not be counted as wages. The foregoing accommodation allowance will be increased if the employee can satisfy the employer that the employee reasonably incurred a greater outlay than that prescribed in clause 42.3 42.4 Travelling Expenses An employee who is sent by the employer or selected or engaged by an employer or agent of the employer to go to a job which qualifies them to the provision of this clause will not be entitled to any of the allowances prescribed by clause 34 - Travel, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof will be paid: Forward Journey a. For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities). b. For the amount of a fare on the most common method of public transport to the job (bus; air; rail with sleeping berths if necessary), and any excess payment due to transporting their tools if such is incurred. c. For any meals incurred while travelling at $10.97 per meal. The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement. Return Journey a. An employee will, for the return journey, receive the same time, fares, and meal payments as provided in 42.4(a) above, together with an amount of $17.24 to cover the cost of transport from the main public transport terminal to their usual place of residence. b. The above return journey payments will not be paid if the employee terminates or discontinues their employment within two months of commencing on the job, or if the employee is dismissed for whatever reason within one working week of commencing on the job or is dismissed for misconduct. C. Departure point- for the purposes of this clause, travelling time will be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work. 48 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



42.5 Daily Travel Allowance 

An employee engaged on a job which qualifies them to the provisions of 
this clause and who are required to reside elsewhere than on the site (or 
adjacent to the site and supplied with transport) will be paid the travel 
allowance prescribed by clause 34 - Travel. 

42.6 Week-end Return Home 

An employee who works as required during the ordinary hours of work on 
the working day before and the working day after a weekend and who 
notifies the employer or their representative, no later than Tuesday of each 
week, of an intention to return to their usual place of residence at the 
weekend and who does return for the weekend, will be paid an allowance of 
$28.00 for each occasion. 

42. 7 Construction Camps 

Camp and Caravan Accommodation 

Where an employee is engaged on the construction of projects which 
are located in areas where reasonable board and lodging is not 
available or where the size of the workforce is in excess of the available 
accommodation or where continuous concrete pour requirements of the 
project or the working of shifts necessitate camp accommodation and 
where, because of these circumstances, it is necessary to house the 
employees in a camp or caravan accommodation the employer must 
reimburse all costs associated with the employee arranging and 
providing such camp or caravan accommodation. 

This clause will not apply where the employer provides appropriate 
camp or caravan accommodation. 

Camping Allowance 

An employee living in a construction camp or caravan accommodation 
where free messing is not provided will receive a camping allowance of 
$144.16 for every complete week the employee is available for work. If 
required to be in camp for less than a complete week the employee will 
be paid $20.67 per day including any Saturday or Sunday if the 
employee is in camp and available for work on the working day 
immediately preceding and succeeding each Saturday or Sunday. If an 
employee is absent without the employer's approval on any day, the 
allowance will not be payable for that day and if such unauthorised 
absence occurs on the working day immediately preceding or 
succeeding a Saturday or Sunday, the allowance will not be payable for 
the Saturday or Sunday. 

Camp Meal Charges 

Where a charge is made for meals in a construction camp, such charge 
will be fixed by agreement between the parties. 

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42.5 Daily Travel Allowance An employee engaged on a job which qualifies them to the provisions of this clause and who are required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the travel allowance prescribed by clause 34 - Travel. 42.6 Week-end Return Home An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or their representative, no later than Tuesday of each week, of an intention to return to their usual place of residence at the weekend and who does return for the weekend, will be paid an allowance of $28.00 for each occasion. 42.7 Construction Camps Camp and Caravan Accommodation Where an employee is engaged on the construction of projects which are located in areas where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working of shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp or caravan accommodation the employer must reimburse all costs associated with the employee arranging and providing such camp or caravan accommodation. This clause will not apply where the employer provides appropriate camp or caravan accommodation. Camping Allowance An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $144.16 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.67 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer's approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. Camp Meal Charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties. 49 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



42.8 Rest and Recreation 

Rail or Road Travel 

(i) An employee who proceeds to a job which qualifies for the provisions of 
this subclause, may, after two months continuous service and 
thereafter at three monthly periods of continuous service return to their 
usual place of residence at the weekend. If the employee does so, the 
employee will be paid the amount of a bus or return railway fare to the 
bus or railway station nearest their usual place of residence on the pay 
day which immediately follows the date on which the employee returns 
to the job; provided no delay not agreed to by the employer takes place 
in connection with the employee's commencement of work on the 
morning of the working day following the weekend. Provided, however, 
that if the work upon which the employee is engaged will terminate in 
the ordinary course within a further twenty-eight days after expiration of 
any such period of two or three months, the provisions of this subclause 
will not be applicable. 

(ii) The entitlement under 42.8.(i) will be availed of as soon as reasonably 
practical after it becomes due and will lapse after a period of two 
months provided that the employee has been notified in writing by the 
employer in the week prior to such entitlement becoming due, of the 
date of entitlement and that such entitlement will lapse if not taken 
before the appropriate date two months later. (Proof of such written 
notice will lie with the employer). 

Variable Return Home 

In special circumstances, and by agreement with the employer, the return 
to the usual place of residence entitlements may be granted earlier or taken 
later than the prescribed date of accrual without alteration to the 
employee's accrual- entitlements. 

No Payment for Unused Fares 

Payment of fares and leave without pay as provided for in this subclause 
will not be made unless availed of by the employee. 

Flexible Rostered Day off 

If the employer and employee so agree in writing, the paid rostered day off 
as prescribed in clause 23 - Ordinary Hours of work, may be taken, and 
paid for, in conjunction with and additional to rest and recreation leave as 
prescribed in 17 .8, or at the end of the project, or on termination whichever 
comes first. 

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42.8 Rest and Recreation .....: Rail or Road Travel (i) An employee who proceeds to a job which qualifies for the provisions of this subclause, may, after two months continuous service and thereafter at three monthly periods of continuous service return to their usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after expiration of any such period of two or three months, the provisions of this subclause will not be applicable. (ii) The entitlement under 42.8.(i) will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due, of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the employer). Variable Return Home In special circumstances, and by agreement with the employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual- entitlements. No Payment for Unused Fares Payment of fares and leave without pay as provided for in this subclause will not be made unless availed of by the employee. Flexible Rostered Day off If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 23 - Ordinary Hours of work, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in 17.8, or at the end of the project, or on termination whichever comes first. 50 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 on line or face to face. The method of delivery of the 
AAC will be determined by the relevant training provider. 

Each Employee who successfully completes the AAC must be issued 
with a statement of attainment on successful completion of the AAC. The 
statement of attainment will be valid for a period of twelve (12) months only, 
Between the 1 st April and 31 st 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 attainments valid only for 
the period 1st of April until the 3i81 March of the following year. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 MC 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. 

UNDERGROUND INFRASTRUCTURE ALLOWANCE 

From the 1 st 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 

PUBLIC HOLIDAYS AND HOLIDAY WORK 

An employee will be entitled to the following holidays without deduction of 
pay: 

New Years' Day Anzac Day 

Australia Day King's Birthday 

Good Friday Labour Day 

Easter Saturday Christmas Day 

Easter Monday Boxing Day 

Further, an employee will be entitled to any State Act or State declared 
substitute days or additional days as observed in the particular state or 
locality. Where the business is situated near a state or territory border and 
the employer's operations traverse the border, the employer may elect to 
follow a particular state or territory's public holidays, subject to agreement 
with the affected employees. 

In addition to the above-mentioned holidays the following public holiday will 
apply in the City of Newcastle - Show Day. This public holiday will be 
observed on the local Show Day as gazetted for the City of Newcastle 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



when that day, in the locality of the employer's premises, occurs on an 
employee's ordinary working day. 

45.1 When Public Holidays Fall On A Weekend 

(a) When Christmas Day is a Saturday or Sunday a holiday in lieu will 
be observed on 27 December. 

(b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be 
observed on 28 December. 

(c) When New Year's Day or Australia Day is a Saturday or Sunday a 
holiday in lieu will be observed on the following Monday. 

(d) By agreement between an employer and the majority of employees' 
other days may be substituted for the days prescribed in Clause 45. 

45.2 Termination 

(a) If the employer terminates the employment of an employee (except 
for reasons of misconduct or incompetency) the employer will pay 
the employee a day's ordinary wages for each holiday or each 
holiday in a group which falls within ten consecutive calendar days 
after the day of termination. 

(b) Where any two or more of the holidays prescribed in this clause 
occur within a seven-day span, such holiday will be a group of 
holidays. If the first day of the group of holidays falls within ten 
consecutive calendar days after termination, the whole group will be 
deemed to fall within the ten consecutive calendar days. Christmas 
Day, Boxing Day and New Year's Day will be regarded as a group. 

(c) No employee will be entitled to receive payment from more than one 
employer in respect to the same public holiday or groups of holidays. 

45.4 Payment For Working On A Public Holiday 

An employee who works on any of the public holidays or substitute days 
prescribed in this clause will be paid at the rate of double time and a half for 
all time worked. An employee required to perform any work on a public 
holiday will be afforded at least four hours' work or paid for four hours at the 
appropriate rate. 

46. PERSONAL LEAVE 

46.1 The provisions of personal leave under this agreement shall be in 
accordance with the National Employment Standards (NES). 
Paid personal leave will be available to an employee when they are absent 
due to: 

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when that day, in the locality of the employer's premises, occurs on an employee's ordinary working day. 45.1 When Public Holidays Fall On A Weekend (a) When Christmas Day is a Saturday or Sunday a holiday in lieu will be observed on 27 December. (b) When Boxing Day is a Saturday or Sunday a holiday in lieu will be observed on 28 December. (c) When New Year's Day or Australia Day is a Saturday or Sunday a holiday in lieu will be observed on the following Monday. (d) By agreement between an employer and the majority of employees' other days may be substituted for the days prescribed in Clause 45. 45.2 Termination (a) If the employer terminates the employment of an employee (except for reasons of misconduct or incompetency) the employer will pay the employee a day's ordinary wages for each holiday or each holiday in a group which falls within ten consecutive calendar days after the day of termination. (b) Where any two or more of the holidays prescribed in this clause occur within a seven-day span, such holiday will be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group will be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day will be regarded as a group. (c) No employee will be entitled to receive payment from more than one employer in respect to the same public holiday or groups of holidays. 45.4 Payment For Working On A Public Holiday An employee who works on any of the public holidays or substitute days prescribed in this clause will be paid at the rate of double time and a half for all time worked. An employee required to perform any work on a public holiday will be afforded at least four hours' work or paid for four hours at the appropriate rate. 46. PERSONAL LEAVE 46.1 The provisions of personal leave under this agreement shall be in accordance with the National Employment Standards (NES). Paid personal leave will be available to an employee when they are absent due to: 53 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(i) personal illness or injury (sick leave); or 

(ii) providing care or support to a member of the employee's immediate 
family or a member of the employee's household who requires care or 
support because of: 

• a personal illness or injury, or 

• an unexpected emergency affecting the employee (carer's leave). 

46.2 The amount of personal leave to which an employee is entitled is as follows: 

(a) One day in the first month and then one additional day at the beginning 
of each of the next nine calendar months, will be available in the first 
year of employment, and 

(b) Ten days at the beginning of the employee's second and each 
subsequent year which, subject to 46.5 will commence on the 
anniversary of engagement. 

(c) An employee's personal leave entitlement is the current year's personal 
leave plus any accumulated personal leave available to the employee. 

46.3 In any year unused personal leave accumulates at the rate of the lesser of: 

(a) Ten days less the number of sick leave and carer's leave days taken 
from the current year's personal leave entitlements. 

(b) The balance of that year's unused personal leave. 

46.4 Personal leave accumulates from year to year. 

46.5 If an employee is terminated by the employer and is re-engaged within a 
period of six months, then the employee's unclaimed balance of personal 
leave will continue from the date of re-engagement. 

46.6 In such a case the employee's next year of service will commence after a 
total of twelve months has been served with the employer (excluding the 
period of interruption in service) since either: 

(a) The employee was first engaged, or 

(b) The anniversary of their original engagement as appropriate. 

46.7 Immediate Family Or Household 

(a) The entitlement to use personal leave for the purpose of carer's or 
bereavement leave is subject to the person in respect of whom the leave 
is being taken being either: 

(i) a member of the employee's immediate family; or 

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(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 on 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(ii) a member of the employee's household 

(b) The term immediate family includes: 

(i) spouse (including a former spouse, a de facto spouse and a 
former de facto spouse) of the employee. A de facto spouse 
means a person of the same or opposite sex to the employee who 
lives with the employee as husband or wife on a bona tide 
domestic basis; and 

(ii) child or an adult child (including an adopted child, a stepchild or 
an ex-nuptial child), parent, grandparent, grandchild or sibling of 
the employee or spouse of the employee. 

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). 

PARENTAL LEAVE 

The provision of parental leave under this agreement shall be in accordance 
with the National Employment Standards (NES). 

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. ANNUALLEAVE 

51.1 The provision of annual leave under this agreement shall be in accordance 
with the National Employment Standards (NES). 

51.2 Method Of Taking Leave 

(a) Either 28 consecutive days, or two separate periods of not less than 
seven consecutive days in all cases exclusive of any public holidays will 
be given and taken within six months from the date when the right to 
annual leave accrued. The employer and employee will seek to reach 
agreement on the taking of annual leave at a mutually convenient 
time(s). If not taken within six months from the date it accrued, either 
the employer or employee may give at least four weeks' notice of the 
dates when all or part of the accrued leave will be taken. 

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(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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(b) Where an employee requests that leave be allowed in one continuous 
period such request will not be unreasonably refused. 

(c) Continuous shift workers will be entitled to 5 weeks of paid annual 
leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) 

(d) In the circumstances where a public holiday falls within one day of a 
weekend or another public holiday the provisions of 51.2(a) may be 
altered by agreement between the employer and a majority of 
employees affected under this Agreement to provide that a day of 
annual leave entitlement may be granted on the day between the said 
public holidays and/or weekend if an employee, or employer, requests 
it. 

51.3 Leave Allowed Before Due Date 

(a) An employer may allow an employee to take any amount of annual 
leave before it becomes due. In such circumstances an employee 
cannot take further leave in advance of their accrued balance until after 
the date the employee becomes entitled to the leave that was taken in 
advance. 

(b) Where an employer has allowed an employee to take annual leave 
pursuant to 51.2(a) and the employee's services are terminated (for any 
reason) prior to the date the employee becomes entitled to the leave 
that was taken in advance, the employer may, for each complete week 
of the qualifying period of service not served by the employee, deduct 
from whatever remuneration is payable upon the termination of 
employment one-fifty second of the amount of wages paid on account 
of annual leave. 

51.4 Payment For Annual Leave On Termination 

(a) Rate of pay: 

Where an employee leaves or their employment is terminated, the 
employee will be paid their accrued balance of annual leave. 

(b) Annual leave loading: 

In addition, the employee will receive a loading of 17.5% calculated 
on the rates, prescribed by Appendix's Rates of Pay. 

51.5 Payment For Periods Of Leave 

(a) Payment in advance 

An employee, before going on annual leave, will be paid in advance at 
their current weekly wage rate (including leading hand allowance, if 
applicable) for the period of annual leave. 

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(b) Where an employee requests that leave be allowed in one continuous period such request will not be unreasonably refused. (c) Continuous shift workers will be entitled to 5 weeks of paid annual leave, in accordance with s.87(1)(b)(ii) of the Fair Work Act 2009 (Cth) (d) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provisions of 51.2(a) may be altered by agreement between the employer and a majority of employees affected under this Agreement to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it. 51.3 Leave Allowed Before Due Date (a) An employer may allow an employee to take any amount of annual leave before it becomes due. In such circumstances an employee cannot take further leave in advance of their accrued balance until after the date the employee becomes entitled to the leave that was taken in advance. (b) Where an employer has allowed an employee to take annual leave pursuant to 51.2(a) and the employee's services are terminated (for any reason) prior to the date the employee becomes entitled to the leave that was taken in advance, the employer may, for each complete week of the qualifying period of service not served by the employee, deduct from whatever remuneration is payable upon the termination of employment one-fifty second of the amount of wages paid on account of annual leave. 51.4 Payment For Annual Leave On Termination (a) Rate of pay: Where an employee leaves or their employment is terminated, the employee will be paid their accrued balance of annual leave. (b) Annual leave loading: In addition, the employee will receive a loading of 17.5% calculated on the rates, prescribed by Appendix's Rates of Pay. 51.5 Payment For Periods Of Leave (a) Payment in advance An employee, before going on annual leave, will be paid in advance at their current weekly wage rate (including leading hand allowance, if applicable) for the period of annual leave. 56 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



(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 

52. 

53. 

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. 

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 

HEAT POLICY 

The parties recognise the risk to worker health caused by exposure to 
high temperatures in the work environment. To reduce the potential for 
heat related illness, the parties agree to the following heat policy. 

Workers should be alerted to possible extreme or excess heat 
conditions by the Employer, HSR and/or the WHS Committee before 
commencing work or as soon as practicable after work commences. 

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(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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Once the temperature reaches 35 degrees, there will be an orderly 
cessation of work and preparations for safe completion of critical 
tasks currently under way. 

During periods of hot weather, if there are areas of the workplace that 
are below 35°, work shall continue as normal. Workers will walk a 
reasonable distance through the open to and from amenities, provided 
it does not pose a serious threat to their health or safety. 

53.1 Monitoring Of Temperature 

Temperatures shall be measured on site by a temperature gauge 
compliant to Australian Standards and located as agreed by the HSR 
and the WHS Committee. 

Temperatures shall be monitored during the course of the day by the 
Employer and the HSR. 

If gauges are not available - or malfunction, readings shall be taken 
from the nearest Bureau of Meteorology (BOM) weather station. 

53.2 Humidity 

Humidity creates a significant risk to workers' health and safety. 
Consultation with workers must take place when humidity exceeds 75% to 
assess all risks associated with the work being performed. Things taken 
into account shall include: 

• Monitoring and improving air flow/ventilation. 
• The health/medical conditions of individual workers. 
• Rescheduling work so that tasks are performed in cooler, less 

humid parts of the day. 
• Job rotation to reduce the amount of direct exposure to humidity. 
• Provision of temporary shade and electric fans. 
• Scheduled hourly drink breaks of approximately 5-10 minutes in 

shade. 
• Provision of cool drinking water. 
• Provision of extra and regular work breaks in cooler areas (i.e. Air­

conditioned site sheds); 
• Use of mechanical aids to reduce physical exertion; and 
• Adequate supervision. 

53.3 Guide To Heat Stress Symptoms 

Heat illness covers a range of medical conditions that can arise when the 
body is unable to properly cope with working in heat. These conditions 
include: 

• Heat stroke - a life threatening condition that requires immediate 
first aid and medical attention. 

• Fainting. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• 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 I First Aid 

Employees experiencing symptoms of heat stress must report to the first 
aid shed and receive medical attention. If unable to walk to the shed, 
normal first aid procedures will apply. 

53.7 Incident Reporting 

All heat related incidents are to be reported to the Employer and the PCBU. 
After any reported heat related incident, the Employer shall immediately 
advise the HSR, site WHS Committee and the PCBU. 

The Employer must advise the HSR, site WHS Committee and PCBU of 
any lost time injuries, discomfort or related complaints and absenteeism 
related to heat. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



53.8 Training 

All workers will be trained in mitigating and recognising heat stress illness 
symptoms, in themselves and others. With refresher training to take place 
annually. 
First Aiders need to be specifically trained in responding to heat related 
incidences. 
Training shall be provided by a suitably qualified organisation. 

53.9 Sun Safe Tips 

In addition to the effects of heat, skin cancers are a major concern for 
workers in the industry. The Employer shall ensure the following principles 
are implemented: 

• Employees are provided with and wear a broad brim hard hat 
attachment including neck flap. 

• Employees are provided with and wear light coloured, long-sleeved 
collared shirts with a minimum UPF of 50+. 

• Employees are provided with and wear long trousers or shorts that go 
to the knee. 

• The Employer must ensure clothing is lightweight, comfortable, well 
ventilated and does not restrict movement. 

• Employees are provided sunglasses that meet Australian Standards 
and are safe for driving. 

• Employees are provided with a broad-spectrum sunscreen with a 
minimum SPF of 30+ and lip balm. 

• Employees are provided with portable shade where possible and are 
advised to work in natural shade where possible. 

• New employees at any site shall be informed, trained and supervised in 
sun safe techniques. 

• All building workers should have their skin checked regularly by a 
doctor, regardless of age; and 

• Employees are encouraged to monitor their skin and look out for 
new or unusual spots, a sore that won't heal, or a spot or mole that 
has changed size, shape or colour. 

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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 First Aiders need to be specifically trained in responding to heat related annually. 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



54. DRUG AND ALCOHOL POLICY 

The drug and alcohol policy contained below shall apply. 

• Employees shall be trained and inducted in any drug and alcohol 
policies that apply to them. Failure to do so shall mean that such 
policy cannot be used against them. 

• Notwithstanding the above, the following Drug and Alcohol principles 
shall apply: 

• Where practicable, self-testing shall be available for both drugs and 
alcohol. 

• Drug testing may be undertaken by oral fluid testing. The equipment 
used to perform the test shall be used, tested and calibrated to the 
manufacturer's instructions and certified to AS 4760 (Processes for 
specimen collection and the detection and quantitation of drug in oral 
fluid). In the event drug testing utilises other than oral fluid testing, the 
type of test must be one that establishes that that the employee has 
recently used (within 48 hours) drugs and is impaired in relation to the 
performance of their role. 

• Alcohol testing may only be done by use of an Accredited Breath Test 
device. The device must be calibrated and meet the minimum 
requirements of AS 3547. 

• Drug and Alcohol testing shall not be used to unfairly target employees. 

54.1 Preamble 

All parties in the industry are committed to the provision of safe and healthy 
workplaces. The attainment of this objective can be undermined by the 
hazardous use of alcohol and other drugs by some individuals on 
occasions. 

There are many factors which determine alcohol and other drug usage 
patterns. Some relate to personal and social matters. Others may relate to 
work culture and conditions. 

Research has highlighted that industry has a high level of alcohol use. This 
may affect Work Health and Safety. 

This policy aims to facilitate the implementation of practical ways in which 
workers themselves can address the alcohol and other drug issues which 
affect them, their families and co-workers. It provides guidelines which may 
be adapted to meet the specific conditions of different workplaces. 

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54. 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



54. Principles 

Safety is paramount: 

• Prevention of Safety and Health problems is the primary goal of alcohol 
and drug policy formulation. 

• Policy implementation and program management is best founded on 
consultation and collaboration between employees and management. 

• Employees with alcohol and/ or other drug problems will be provided 
with appropriate assistance, support and access to intervention 
program without jeopardising their employment. 

54.3 Objectives 

• To establish a program run by and for workers, which enables alcohol 
and other drug issues to be addressed at the workplace. 

• To expand awareness of alcohol and other drug use as a Work Health 
and Safety issue. 

• To enable industry factors likely to influence alcohol and other drug use 
(e.g. extended working hours, peer group pressure) to be recognised 
and addressed. 

• To provide a basis for health promotion in the industry. 

• To enable a consistent approach to alcohol and other drug issues 
across the industry in New South Wales. 

• To set out collaborative procedures for dealing with alcohol and drug 
issues on building and other sites. 

• To provide a structure to assist workers to get any help they need for 
alcohol and / or other drug problems, confidentially and without 
jeopardising their employment. 

• To enable the development of a network of people, resources and 
programs managed by and sensitive to the needs of workers with 
alcohol and drug problems. 

54.4 Goals 

• To have this alcohol and other drugs policy adopted for implementation 
in workplaces by meetings of employees. 

• To increase knowledge amongst workers about health and safety risks 
associated with alcohol and another drug use. 

• To maintain optimum safety on site and to reduce the harmful impact of 
alcohol and other drug use. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• To provide education about the safe use of alcohol and other drugs. 

• To train and resource health and safety representatives and other 
relevant personnel (where appropriate) to assist co-workers who are 
affected by alcohol and/or other drugs. 

54.5 Policy Implementation and Management 

• Properly constituted Work Health and Safety (WH&S) Committees or, 
where there is no WH&S Committee, Site Safety Supervisors / Safety 
Officers in conjunction with worker representatives, are the appropriate 
bodies to implement and administer alcohol and drug policy/ programs. 

• For the objectives of this policy to be achieved, the full cooperation of the 
Employer and Employees is required. 

54.6 Application of Policy 

The policy is to apply to all Employees and staff without distinction. 

54.7 Persons Affected by Alcohol and/or Other Drugs 

• A person who is under the influence of alcohol and/or any other drug will 
not be allowed to work on site whilst he/she is incapable of performing 
safe work practices. 

• Any person who believes another person is a risk to his/her own or 
another's safety should advise a Health and Safety representative (HSR) 
in confidence. The HSR shall take appropriate action, based on his/her 
assessment of the situation. 

• If the matter remains unresolved, the WH&S Committee and 
management in consultation with the person concerned and the person's 
representative will decide whether that person is capable of performing 
safe work practices. 

• Disciplinary action may be taken by management following consultation 
with the WH&S Committee and the person's representative. 

• If disciplinary action is to be taken, one verbal warning, one written 
warning shall apply. 

• The WH&S Committee will, as a matter of course, follow up to ensure 
that the person is aware of the policy and resources available to people 
with alcohol and/or other drug problems, or other problems which may 
underlie them. 

• (Where "WH&S Committee" is referred to hereafter, read "body 
nominated to implement policy on site"). 

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· 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



54.8 Rehabilitation/ Counselling 

• If a person is undertaking rehabilitation or counselling, he/she is entitled 
to sick leave, negotiated leave without pay and other benefits provided 
for by the Agreement. 

• An affected person will not be disadvantaged as a result of undertaking 
rehabilitation or counselling. 

• The Employer will liaise with the person's representative to enable 
appropriate assistance and support to be made available to him/her 
during and on completion of rehabilitation (with his/her permission). 

• Confidentiality is to be maintained in all matters relating to the 
rehabilitation and counselling, employment arrangements etc. of 
individuals. 

54.9 Employees At-Risk Through Medication Use 

• Employees who are taking medication which might affect their ability to 
undertake any kind of work safely, should advise an HSR or the First Aid 
Officer, who will act immediately to eliminate the risks. 

• No employee will be disadvantaged by his/her actions in this matter. 

54.10 Education and Prevention 

• The policy will be discussed and put forward for adoption on site at a 
meeting of all workers. 

• It is the on-going responsibility of Unions and the Employer to ensure 
that all Employees continue to be aware of the policy and program. The 
WH&S Committee will assist in this process. 

• All relevant information shall be available on site and displayed as 
appropriate. 

• From time to time the WH&S Committee, in consultation with 
management, may initiate relevant health and safety promotional 
activities in relation to alcohol and other drug use issues. 

54.11 Provision of Alcohol at Social Events 

Where social functions are held they will be located in a hazard-free area 
where responsible serving of alcoholic beverages will apply. This 
includes provision of non-alcoholic and low-alcoholic beverages. 

54.12 Role of Work Health and Safety Committee on Site 

• To encourage knowledge of policy and program by all workers on site. 

• To ensure information about the policy and program is displayed. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• To ensure information relevant to alcohol and other drugs is circulated 
amongst workers. 

• To initiate and coordinate relevant health promotional activities to 
relation to alcohol and other drugs, in consultation with management. 

• To provide information and referral options to workers as requested. 

• To be available for informal discussion with and follow-up of site 
employees when appropriate. 

• To undertake intervention and follow-up of affected persons. 

• To be available for discussion in regard to disciplinary action taken as a 
result of a person being under the influence of alcohol and/or any other 
drugs on site. 

• To follow-up persons undertaking rehabilitation to ensure that 
appropriate resources and support are made available when 
requested. 

• To encourage a peer support network on site. 

PART 10 MISCELLANEOUS 

55. ASBESTOS AWARENESS TRAINING 

The Employer agrees to schedule an agreed asbestos awareness training 
course. 

• Training will be undertaken within six months of the commencement of 
this Agreement for each current Employee who has not already 
participated in the training; and 

• within three months of a new Employee commencing employment. 

The course and provider of the training will be agreed with the Consultative 
Committee. 

56. STRUCTURED VOCATIONAL TRAINING 

56.1 The parties to this Agreement recognise that the apprenticeship system of 
structured vocational training that operates within the Plumbing, Mechanical 
Services and Medical Gas Industry has been integral to the efficiency and 
productivity of that industry. 

56.2 The parties are committed to maintaining the integrity of and improving 
upon the existing system of structured vocational training. In this regard the 
parties are committed to: -

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· To ensure information relevant to alcohol and other drugs is circulated amongst workers. ·To initiate and coordinate relevant health promotional activities to relation to alcohol and other drugs, in consultation with management. · To provide information and referral options to workers as requested. · To be available for informal discussion with and follow-up of site employees when appropriate. · To undertake intervention and follow-up of affected persons. To be available for discussion in regard to disciplinary action taken as a result of a person being under the influence of alcohol and/or any other drugs on site. · To follow-up persons undertaking rehabilitation to ensure that appropriate resources and support are made available when requested. · To encourage a peer support network on site. PART 10 MISCELLANEOUS 55. ASBESTOS AWARENESS TRAINING The Employer agrees to schedule an agreed asbestos awareness training course. · Training will be undertaken within six months of the commencement of this Agreement for each current Employee who has not already participated in the training; and · within three months of a new Employee commencing employment. The course and provider of the training will be agreed with the Consultative Committee. 56. STRUCTURED VOCATIONAL TRAINING 56.1 The parties to this Agreement recognise that the apprenticeship system of structured vocational training that operates within the Plumbing, Mechanical Services and Medical Gas Industry has been integral to the efficiency and productivity of that industry. 56.2 The parties are committed to maintaining the integrity of and improving upon the existing system of structured vocational training. In this regard the parties are committed to: - 65 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• Working co-operatively in facilitating the transition from the existing 
apprenticeship arrangements to the Australian Vocational Training 
system, which leads directly to an outcome of Cert 3; and 

• Ensuring that the trade skills required for the Plumbing, Roof Plumbing, 
Mechanical Services and Medical Gas industry will continue to be 
delivered through system of structured vocational training system based 
on sequential training through an apprenticeship (or equivalent contracts 
of training) to an outcome of at least Plumbing Tradesperson 

56.3 To facilitate ongoing structured vocational training the Employer will pay an 

57. 

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. 

BUILDING LEVY 

The parties of the agreement agree that the trade skills required for the 
Plumbing, Drainage, Gas-fitting, Roof Plumbing, Mechanical Services, 
Medical Gas and Hydrogen industry will continue to be delivered through 
system of structured vocational Training Centres that requires Infrastructure 
and Capital Investment for the Industry which the parties are stakeholders. 
To facilitate ongoing Infrastructure and Capital Investment required to meet 
the needs for the Vocational Training Centres the Employer will pay an 
organisation approved by the CEPU Plumbing Division NSW Branch: 

(a) From 1 April 2024 - $20 per week per employee including 
apprentices covered by this agreement. 

(b) From 1 April 2025 - $25 per week per employee including 
apprentices covered by this agreement. 

(c) From 1 April 2026 - $30 per week per employee including 
apprentices covered by this agreement. 

(d) From 1 April 2027 - $30 per week per employee including 
apprentices covered by this agreement. 

58. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE 

The Employer agrees to an annual audit of the Employer's compliance with 
this Agreement, by approved auditor Stannartds Accountants and Advisors 
Pty Ltd (Stannards). In the event Stannards is unable to conduct the audit, 
the parties shall meet and agree on an alternative auditor, who is 
appropriately qualified to assess the Employer's compliance with this 
Agreement and relevant industrial obligations. Any alternative auditor 
agreed by the parties to conduct the audit must hold a practicing certificate 
from the Institute of Chartered Accountants or a registered CPA. 

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. Working co-operatively in facilitating the transition from the existing apprenticeship arrangements to the Australian Vocational Training system, which leads directly to an outcome of Cert 3 ; and Ensuring that the trade skills required for the Plumbing, Roof Plumbing, Mechanical Services and Medical Gas industry will continue to be delivered through system of structured vocational training system based on sequential training through an apprenticeship (or equivalent contracts of training) to an outcome of at least Plumbing Tradesperson 56.3 To facilitate ongoing structured vocational training the Employer will pay an organisation approved by the CEPU PLUMBING DIVISION NSW BRANCH: From 1 April 2024 or on the commencement of the agreement, the employer will pay $32.55 per week per employee including apprentices covered by this agreement. 57 BUILDING LEVY The parties of the agreement agree that the trade skills required for the Plumbing, Drainage, Gas-fitting, Roof Plumbing, Mechanical Services, Medical Gas and Hydrogen industry will continue to be delivered through system of structured vocational Training Centres that requires Infrastructure and Capital Investment for the Industry which the parties are stakeholders. To facilitate ongoing Infrastructure and Capital Investment required to meet the needs for the Vocational Training Centres the Employer will pay an organisation approved by the CEPU Plumbing Division NSW Branch: (a) From 1 April 2024 - $20 per week per employee including apprentices covered by this agreement. (b) From 1 April 2025 - $25 per week per employee including apprentices covered by this agreement. (c) From 1 April 2026 - $30 per week per employee including apprentices covered by this agreement. (d) From 1 April 2027 - $30 per week per employee including apprentices covered by this agreement. 58. AUDITORS CLAUSE ENTITLEMENT COMPLIANCE The Employer agrees to an annual audit of the Employer's compliance with this Agreement, by approved auditor Stannartds Accountants and Advisors Pty Ltd (Stannards). In the event Stannards is unable to conduct the audit, the parties shall meet and agree on an alternative auditor, who is appropriately qualified to assess the Employer's compliance with this Agreement and relevant industrial obligations. Any alternative auditor agreed by the parties to conduct the audit must hold a practicing certificate from the Institute of Chartered Accountants or a registered CPA. 66 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



The Employer will provide a copy of the annual audit report to the Union 
within five (5) business days of receipt, and by no later than 30 June of 
each year. All information provided in the annual audit report must be 
provided in a manner consistent with the Privacy Act 1988. 

The Employer will undergo an initial audit within 3 months of the signing of 
this Agreement. 

Where a compliant is made, outside the annual audit, regarding a 
suspected breach of pay entitlements and remuneration due to employees 
covered by this Agreement, it is agreed that a further audit can be 
requested by the Union to ensure ongoing compliance with this Agreement. 

All costs associated of each audit are payable by the Employer. 

Where evidence exists of continuing non-compliance, or significant 
breaches by the Employer, the Union may arrange an additional 
independent audit report detailing all entitlements be provided by 
Stannards, at the 'Employer's expense. 

If the Employer is identified paying 'all-in' rates it will pay and back pay the 
'all-in' rate being paid to all Employees on that site plus all conditions of this 
Agreement for job duration. An "all-in" rate means a payment in lieu of one 
or more entitlements and Levy's of this Agreement. 

Any audit which reveals non-compliance or outstanding employee 
entitlements, the Employer agrees that it will immediately rectify the non­
compliance or outstanding employee entitlements and provide the Union 
with evidence of rectification and/or payment of outstanding entitlements, 
within 14 days. The Employer will incur a penalty for each non-compliance 
at double (x2) the penalty unit amount prescribed by the ATO, for tax 
obligation infringements. Payment of penalties pursuant to this clause are 
to be paid directly to the effected employee(s). 

Failure to comply with the requirements of this clause, may result in the in 
the Union lodging a dispute with the FWC in accordance with the dispute 
resolution clause [insert clause no] contained in this Agreement. Provided 
that nothing in this clause prevents a party from applying to a court for 
orders in relation to contraventions of civil remedy or penalty provisions. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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. 

TRADE UNION RIGHTS AND REPRESENTATION 

Clauses 61.1 of this Agreement outlines the rights for Union Delegates 
when assisting Employees. For clarity, each Employee has the right to 
determine whether they wish to be represented or not. 
Such representatives (or individual Employees) are entitled to the 
protections of Division 4 of Part 3-1 of the Fair Work Act in relation to 
their involvement in lawful industrial activities. 

60.1 Union Delegate Rights 

Where an Employee has been elected as a Union Delegate, the 
Employer will recognise the following rights: 

• the right to be treated fairly and to perform their role without any 
discrimination in their employment. 

• For the Union Delegate to represent an Employee where 
requested in relation to a grievance, dispute or a discussion with a 
member of the Union; 

• the right to place information related to permitted matters on a 
notice board in a prominent location in the workplace except that 
the material must not breach freedom of association, privacy and 
other applicable laws; and 

• the right to paid time to attend industrial tribunals and/or courts 
where they have been requested to do so by an Employee (which 
may include themselves) whom they represent in a particular 
dispute in their workplace. 

• the right to paid time to assist and represent Employees who have 
requested them to represent them in respect of a dispute arising in 
their workplace; and 

• the right to represent the interests of members in their workplace 
to the Union, the Employer and industrial tribunals/courts. 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• 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 

61. 

• 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. 

HEAL TH & SAFETY REPRESENTATIVES 

The employees may request that the Employer commence negotiations to 
determine work groups. Once those work groups have been identified 
workers may elect a Health and Safety Representative (HSR) and Deputy 
Health & Safety Representative (DHSR) if any, for each work group in 
accordance with the provisions of the Work Health and Safety Act (NSW) 
2011. 

Once elected, the HSR will be paid an allowance of $1.50 per hour, on top of 
their ordinary hourly rate, for each hour worked. This payment will 
commence from the first full pay period commencing after the election. 
Where the HSR is absent, the DHSR will receive an allowance of $1.50 per 
hour for each hour worked for the period of their absence. 

As soon as practical within the period of 3 months after the Employer being 
advised of the election of the HSR and the DHSR, the Employer will arrange 
and pay for the necessary training to enable the HSR and the DHSR to 
perform their role. While attending these courses the HSR and the DHSR will 
be paid their normal rate of pay, including all allowances. That is, they will 

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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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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. ENGAGEMENT OF SUBCONTRACTORS 

62.1 The employer and employees recognise the employer's obligation to maintain a 
stable workforce and to cater for variances in workload. 

62.2 It is recognised that the employer needs to be able to source additional labour by 
engaging Bona fide Businesses, following consultation with the parties of the 
agreement. 

62.3 All subcontract firms would be engaged according to each of the following terms:-

• The employer shall only engage subcontractors and employees of subcontractors, 
to do work that would be covered by this Agreement if it was performed by the 
employees, who apply wages and conditions that are no less favourable than that 
provided for in this agreement. This will not apply where the Employer is contractually 
obliged by the head contractor/client to engage a specific nominated subcontractor to 
do specialist work 

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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 ENGAGEMENT OF SUBCONTRACTORS 62.1 The employer and employees recognise the employer's obligation to maintain a stable workforce and to cater for variances in workload. 62.2 It is recognised that the employer needs to be able to source additional labour by engaging Bona fide Businesses, following consultation with the parties of the agreement. 62.3 All subcontract firms would be engaged according to each of the following terms :- . The employer shall only engage subcontractors and employees of subcontractors, to do work that would be covered by this Agreement if it was performed by the employees, who apply wages and conditions that are no less favourable than that provided for in this agreement. This will not apply where the Employer is contractually obliged by the head contractor/client to engage a specific nominated subcontractor to do specialist work 70 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



• This clause does not apply in respect of specialist subcontractors engaged by the 
Employer where the provisions of clause 62.3 are met. However, this exclusion will not 
be effective if the specialist subcontractor further subcontracts any portions of the 
works for which it has been contracted by the Employer, unless otherwise agreed by 
the Employer and the Union. 

62.4 The Employer will not contravene the Sham Contracting Provisions of the Act and this 
Agreement: 

Where the Employer makes a definite decision that it intends to engage a 3rd party to 
perform work covered by the Agreement, the employer shall notify the relevant delegate 
and the Union within a reasonable time. 

• All employees of subcontract firms will be direct employees of the subcontract firm. 

• All employees of the subcontract firm engaged will be registered Tradespeople or 
apprenticed. 

• The subcontract firm will have its own safe work method statements and WHS plans. 

• The subcontract firm will have all appropriate licences and will hold current public 
liability and workers compensation insurances. 

• Builders will be notified that the subcontract firm has been engaged and all employees 
of the subcontract firm will be inducted under their company name. 

• Likely duration of this engagement 

• Type of work proposed to be performed 

• Subcontract firms must be allowed to complete their work but no other work will be 
contracted to them if redundancies are taking place. 

• No employee shall be made redundant whilst Subcontract employees engaged by the 
employer are performing work that is or has been performed by the employees on the 
particular site or project. This clause does not apply in respect of subcontract firms. 

62.5 Supplementary Labour: 

• is not to replace direct labour which is employed and subsequently terminated. 

• is not to be used to eliminate or erode the employment opportunities of direct labour of the 
employer. 

The Employer will ensure that Supplementary Labour receives no less than the EBA 
rates and conditions of this agreement that would apply to them if they were Employees 
directly employed by the employer, undertaking work covered by this agreement: 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

71 


· This clause does not apply in respect of specialist subcontractors engaged by the Employer where the provisions of clause 62.3 are met. However, this exclusion will not be effective if the specialist subcontractor further subcontracts any portions of the works for which it has been contracted by the Employer, unless otherwise agreed by the Employer and the Union. 62.4 The Employer will not contravene the Sham Contracting Provisions of the Act and this Agreement: Where the Employer makes a definite decision that it intends to engage a 3rd party to perform work covered by the Agreement, the employer shall notify the relevant delegate and the Union within a reasonable time. · All employees of subcontract firms will be direct employees of the subcontract firm. All employees of the subcontract firm engaged will be registered Tradespeople or apprenticed. . The subcontract firm will have its own safe work method statements and WHS plans. The subcontract firm will have all appropriate licences and will hold current public liability and workers compensation insurances. Builders will be notified that the subcontract firm has been engaged and all employees of the subcontract firm will be inducted under their company name. . Likely duration of this engagement · Type of work proposed to be performed Subcontract firms must be allowed to complete their work but no other work will be contracted to them if redundancies are taking place. . No employee shall be made redundant whilst Subcontract employees engaged by the employer are performing work that is or has been performed by the employees on the particular site or project. This clause does not apply in respect of subcontract firms. 62.5 Supplementary Labour: ·is not to replace direct labour which is employed and subsequently terminated. · is not to be used to eliminate or erode the employment opportunities of direct labour of the employer. The Employer will ensure that Supplementary Labour receives no less than the EBA rates and conditions of this agreement that would apply to them if they were Employees directly employed by the employer, undertaking work covered by this agreement: 71 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



All Sub-Contract firms would be engaged according to each of the following terms: 

• All employees of subcontract firms will be direct employees of the subcontract firm. 

• All employees of the subcontract firm engaged will be registered Tradespeople or 
apprenticed . 

• The subcontract firm will have its own safe work method statements and WHS plans. 

• The subcontract firm will have all appropriate licences and will hold current public 
liability and workers compensation insurances. 

• Builders will be notified that the subcontract firm has been engaged and all employees 
of the subcontract firm will be inducted under their company name. 

• Likely duration of this engagement 

• Type of work proposed to be performed 

Subcontract firms must be allowed to complete their work but no other work will be 
contracted to them if redundancies by the employer are taking place. 

No employee shall be made redundant whilst Subcontract employees engaged by the 
Employer are performing work that is or has been performed by the employees on the 
particular site or project. This clause does not apply in respect of subcontract firms. 

The Union may reasonably request the Employer to, where reasonably and lawfully possible 
and does cause undue cost or harm to the employer, undertake reasonable endeavours to 
provide the Union with: 

• Details of entitlements accrued and paid in accordance with this agreement 
• Current Certificate of Compliance 
• Details of Contributions to Cbus Scheme 
• Details of Contributions to Plumbing and Pipe Trades and Entitlement Fund 
• Details of Licensing and Registration 
• Details of Contributions to the Training Levy and Building Levy 
• Compliance with the Agreement Awareness Course 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

72 


All Sub-Contract firms would be engaged according to each of the following terms: · All employees of subcontract firms will be direct employees of the subcontract firm. · All employees of the subcontract firm engaged will be registered Tradespeople or apprenticed . . The subcontract firm will have its own safe work method statements and WHS plans. · The subcontract firm will have all appropriate licences and will hold current public liability and workers compensation insurances. · Builders will be notified that the subcontract firm has been engaged and all employees of the subcontract firm will be inducted under their company name. · Likely duration of this engagement · Type of work proposed to be performed Subcontract firms must be allowed to complete their work but no other work will be contracted to them if redundancies by the employer are taking place. No employee shall be made redundant whilst Subcontract employees engaged by the Employer are performing work that is or has been performed by the employees on the particular site or project. This clause does not apply in respect of subcontract firms. The Union may reasonably request the Employer to, where reasonably and lawfully possible and does cause undue cost or harm to the employer, undertake reasonable endeavours to provide the Union with: Details of entitlements accrued and paid in accordance with this agreement Current Certificate of Compliance Details of Contributions to Cbus Scheme Details of Contributions to Plumbing and Pipe Trades and Entitlement Fund Details of Licensing and Registration Details of Contributions to the Training Levy and Building Levy Compliance with the Agreement Awareness Course 72 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



63 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 

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 

$1,792.80 $1574.64 12 Months pw 

Refrigeration Mech ph $47.38 $41.53 
1 st 12 Months pw $1705.68 $1495.08 

HVAC ph $43.87 $36.30 
Labourers PW $1579.32 $1306.80 

1 st Class Sheet ph $48.62 $44.64 
Metal PW $1750.32 $1607.04 

2nd Class Sheet ph $44.24 $38.39 
Metal pw $1592.64 $1382.04 

Lagger 
ph $38.39 $34.13 
PW $1382.04 $1228.68 

General Hand 
ph $33.74 $30.15 
pw $1214.64 $1085.40 

Travel pd $35 $35 

Redundancy pw $145 $130 

Superannuation pw 11% 11% 

Site Allowance ph $4.20 $4.20 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

73 


63 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 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 1st 12 Months pw $1705.68 $1495.08 HVAC ph $43.87 $36.30 Labourers pw $1579.32 $1306.80 1st Class Sheet ph $48.62 $44.64 Metal pw $1750.32 $1607.04 2nd Class Sheet ph $44.24 $38.39 Metal pw $1592.64 $1382.04 Lagger ph $38.39 $34.13 pw $1382.04 $1228.68 General Hand ph $33.74 $30.15 pw $1214.64 $1085.40 Travel pd $35 $35 Redundancy pw $145 $130 Superannuation pw 11% 11% Site Allowance ph $4.20 $4.20 73 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Appendix 1 Table 2 
Rates of pay at the first full pay period after 1 st April 2024 

Sydney/ACT Wollongong, Central Coast 
& All other Areas 

(36-hour div) (36-hour div) 

Plumber's rate 
ph $54.09 $47.69 
PW $1,947.24 $1716.84 

Refrigeration Mech ph $52.78 $46.36 
After 

$1900.08 $1668.96 12 Months pw 

Refrigeration Mech ph $50.22 $44.02 
1 st 12 Months pw $1807.92 $1584.72 
1 st Class Sheet ph $51.54 $47.31 

Metal pw $1855.44 $1703.16 
2nd Class Sheet ph $46.89 $40.69 

Metal PW $1688.04 $1464.84 

Lagger 
ph $40.69 $36.18 
PW $1464.84 $1302.48 

HVAC ph $46.50 $38.48 
Labourers PW $1674 $1385.28 

General Hand 
ph $35.76 $31.96 
pw $1287.36 $1150.56 

Travel pd $35 $35 

Redundancy pw $150 $135 

Site Allowance ph $4.40 $4.40 

Superannuation pw 11% 11% 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

74 


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 1st Class Sheet ph $51.54 $47.31 Metal pw $1855.44 $1703.16 2nd Class Sheet ph $46.89 $40.69 Metal pw $1688.04 $1464.84 Lagger ph $40.69 $36.18 pw $1464.84 $1302.48 HVAC ph $46.50 $38.48 Labourers pw $1674 $1385.28 General Hand ph $35.76 $31.96 pw $1287.36 $1150.56 Travel pd $35 $35 Redundancy pw $150 $135 Site Allowance ph $4.40 $4.40 Superannuation pw 11% 11% 74 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Appendix 1 Table 3 
Rates of pay at the first full pay period after 1 st 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 

$2014.20 $1769.04 12 Months pw 

Refrigeration Mech ph $53.23 $46.66 
1 st 12 Months pw $1916.28 $1679.76 
1 st Class Sheet ph $54.63 $50.15 

Metal pw $1966.68 $1805.4 
2nd Class Sheet ph $49.71 $43.13 

Metal PW $1789.56 $1552.68 

Lagger 
ph $43.13 $38.35 
PW $1552.68 $1380.60 

HVAC ph $49.29 $40.79 
Labourers PW $1774.44 $1468.44 

General Hand 
ph $37.91 $33.88 
pw $1335.6 $1219.68 

Travel pd $40 $40 

Redundancy pw $155 $140 

Site Allowance ph $4.60 $4.60 

Superannuation pw 11.5% 11.5% 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

75 


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 1st Class Sheet ph $54.63 $50.15 Metal pw $1966.68 $1805.4 2nd Class Sheet ph $49.71 $43.13 Metal pw $1789.56 $1552.68 Lagger ph $43.13 $38.35 pw $1552.68 $1380.60 HVAC ph $49.29 $40.79 Labourers pw $1774.44 $1468.44 General Hand ph $37.91 $33.88 pw $1335.6 $1219.68 Travel pd $40 $40 Redundancy pw $155 $140 Site Allowance ph $4.60 $4.60 Superannuation pw 11.5% 11.5% 75 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Appendix 1 Table 4 
Rates of pay at the first full pay period after 1 st 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 
1 st 12 Months pw $2031.12 $1780.56 
1 st Class Sheet ph $57.91 $53.16 

Metal pw $2084.76 $1913.76 
2nd Class Sheet ph $52.69 $45.72 

Metal pw $1896.84 $1645.92 

Lagger 
ph $45.72 $40.65 
PW $1645.92 $1463.40 

HVAC ph $52.25 $43.24 
Labourers PW $1881 $1556.64 

General Hand 
ph $40.18 $35.91 
PW $1446.48 $1292.76 

Travel pd $45 $45 

Redundancy pw $160 $145 

Site Allowance ph $5 $5 

Superannuation pw 12% 12% 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

76 


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 1st Class Sheet ph $57.91 $53.16 Metal pw $2084.76 $1913.76 2nd Class Sheet ph $52.69 $45.72 Metal pw $1896.84 $1645.92 Lagger ph $45.72 $40.65 pw $1645.92 $1463.40 HVAC ph $52.25 $43.24 Labourers pw $1881 $1556.64 General Hand ph $40.18 $35.91 pw $1446.48 $1292.76 Travel pd $45 $45 Redundancy pw $160 $145 Site Allowance ph $5 $5 Superannuation pw 12% 12% 76 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



Appendix 1 Table 5 
Rates of pay at the first full pay period after 1 st 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 
1 st Class Sheet ph $61.96 $56.88 

Metal pw $2230.56 $2047.68 
2nd Class Sheet ph $56.37 $48.92 

Metal pw $2029.32 $1761.12 

Lagger 
ph $48.92 $43.50 
PW $1761.12 $1566 

HVAC ph $55.91 $46.27 
Labourers PW $2012.76 $1665.72 

General Hand 
ph $42.99 $38.42 
pw $1547.64 $1383.12 

Travel pd $52 $52 

Redundancy pw $165 $150 

Site Allowance ph $5 $5 

Superannuation pw 12% 12% 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

77 


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 1st Class Sheet ph $61.96 $56.88 Metal pw $2230.56 $2047.68 2nd Class Sheet ph $56.37 $48.92 Metal pw $2029.32 $1761.12 Lagger ph $48.92 $43.50 pw $1761.12 $1566 HVAC ph $55.91 $46.27 Labourers pw $2012.76 $1665.72 General Hand ph $42.99 $38.42 pw $1547.64 $1383.12 Travel pd $52 $52 Redundancy pw $165 $150 Site Allowance ph $5 $5 Superannuation pw 12% 12% 77 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



APPENDIX 2 - RATES OF PAY APPRENTICES 

Apprentices 

Current 2024 2025 

l st Year $18.45 $19.56 $20.73 

2nd Year $24.75 $26.24 $27.81 

3rd Year $34.77 $36.87 $39.07 

4th Year $37.22 $39.45 $41.82 

Adult Apprentices 

Current 2024 2025 

1st Year $24.75 $25.50 $25.75 

2nd Year $24.75 $27.24 $28.81 

3rd Year $34.77 $36.87 $39.07 

4th Year $37.22 $39.45 $41.82 

Site Allowance Per Hour (minimum) 

Current 2024 2025 

1st Year $1.68 $1.85 $2.00 

2nd Year $2.32 $2.50 $2.70 

3rd Year $2.90 $3.15 $3.40 

4th Year $3.79 $3.95 $4.10 

Travel Per Day 

Current 2024 2025 

1st Year $22.60 $22.60 $28 

2nd Year $26 $26 $32 

3rd Year $26 $26 $32 

4th Year $26 $26 $32 

Redundancy Per Week 

Current 2024 2025 

1st Year $0 $1.50 $2.50 

2nd Year $0 $2.50 $4.50 

3rd Year $39.29 $39.29 $42.29 

4th Year $39.29 $39.29 $43.29 

2026 2027 

$21.97 $23.51 

$29.48 $31.54 

$41.41 $44.31 

$44.33 $47.43 

2026 2027 

$26.00 $26.50 

$30.48 $32.54 

$41.41 $44.31 

$44.33 $47.43 

2026 2027 

$2.25 $2.50 

$2.90 $3.00 

$3.55 $3.75 

$4.30 $4.50 

2026 2027 

$32 $35 

$36 $40 

$36 $40 

$36 $40 

2026 2027 

$3.50 $4.50 

$6.50 $8.50 

$45.29 $48.29 

$47.29 $51.29 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

78 


APPENDIX 2 - RATES OF PAY APPRENTICES Apprentices Current 2024 2025 2026 2027 1st Year $18.45 $19.56 $20.73 $21.97 $23.5: 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 69 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 78 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



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 x 1200mm level 

1 x chaulk-o-matic 1 x 30m measuring tape 

1 x plumbob 450gr 1 x wood float 

1 x 25mm wood chisel 1 x steel float 

1 x edging tool 

79 
D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


APPENDIX 3 - TOOL LIST 1 x pair 225mm Footprints 1 x 150mm Crescent shifting spanner 1 x pair 250mm Stillsons 1 x 300mm crescent shifting spanner 1 x pair 450mm Stillsons 1 x 250mm rasp & handle 1 x pair 250mm Vice Grips 1 x 250mm half round file & handle 1 x pair 200mm Combination Pliers 1 x hacksaw (sandvik 225) 1 x pair 225mm Multigrips 1 x junior hacksaw 1 x pair 200mm Pincers 1 x tube cutter 3mm-32mm 1 x pair 300mm straight snips 1 x tapered bent pin 1 x pair 175mm curved snips 1 x pointing towel 1 x pair left hand wiss snips 1 x basin spanner 1 x pair right hand wiss snips 1 x strap bench 1 x pair pop rivet pliers 1 x centre punch 1 x pair 200mm dividers 1 x prick punch 1 x pair 15mm copper tube benders 1 x nail bag 1 x set Allen keys 1mm-10mm 1 x toolbox or carry all or equivalent 1 x set ratchet socket wrench 6-25mm or 1 x plugging chisel 1 x set open end/ring spanners 6-16mm 1 x 13mm cold chisel 1 x screwdriver 200mm Phillips 1 x 25mm cold chisel 2 x screwdriver 150mm Phillips 1 x Stanley knife 1 x screwdriver 300mm slotted 1 x flint gun 1 x screwdriver 200mm slotted 1 x oxy key 1 x cross pin hammer 10 oz 1 x 8 metre measuring tape 1 x ball pin hammer 20 oz 1 x hand wood saw 660mm per year- replaced by employer on a fair ware and tare basis 1 x claw hammer 20 oz 1 x PVC conduit cutters 1 x trap or spud wrench 1 x wire brush 1 x lump hammer 4LB 1 x battery drill with battery and charger 1 x bevel square 250mm 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 x 1200mm level 1 x chaulk-o-matic 1 x 30m measuring tape 1 x plumbob 450gr 1 x wood float 1 x 25mm wood chisel 1 x steel float 1 x edging tool 79 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



APPENDIX 4 - RDO CALENDERS 2024 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

21 22 23 24 25 26 27 

29 30 31 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

22 23 24 25 26 27 

July '24 

• S M T W T F S 

1 2 3 4 5 6 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

21 22 23 24 25 26 27 

6 7 9 10 11 12 

13 14 15 16 17 18 19 

20 21 22 23 24 25 26 

27 28 29 30 31 

■ Annual leave (optional) 

□ Flexible RDO 

4 5 6 7 8 9 10 

11 12 13 14 15 16 17 

18 20 21 22 23 24 

25 26 27 28 29 

May'24 

S M T W T F S 

1 2 3 4 

5 6 7 8 9 10 11 

12 13 14 15 16 17 18 

19 21 22 23 24 25 

26 27 28 29 30 31 

August '24 

S M T W T F S -

1 2 3 

4 5 6 7 8 9 10 

11 12 13 14 15 16 17 

18 20 21 22 23 24 

25 26 27 28 29 30 31 

November '24 

S M T W T F S 

1 2 

3 5 6 7 8 9 

10 11 12 13 14 15 

17 18 19 20 21 22 

24 25 26 27 28 29 

Scheduled RDO 

□□ Designated Long Weekend (Public Holiday and RDO 

3 4 5 6 7 

10 11 12 13 14 15 16 

17 19 20 21 22 23 

25 26 27 28 29 30 

30 

2 3 4 5 6 7 

9 10 11 12 13 14 15 

16 17 18 19 20 21 22 

23 25 26 27 28 29 

September '24 

S M T W T F S 

1 2 3 4 5 6 7 

8 9 10 11 12 13 14 

15 16 17 18 19 20 21 

22 24 25 26 27 28 

29 30 

December '24 

S M T W T F S 

8 10 12 13 14 

15 16 17 18 19 20 21 

25 26 27 28 

= 

80 
D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


APPENDIX 4 - RDO CALENDERS 2024 2024 January '24 February '24 March '24 SMTWTF S SMTWTF S SMTWTF S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 1 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 1 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 :24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April '24 May '24 June '24 SMTWTFS SMTWTFS SMTWTFS 1 2 3 4 5 6 1 2 3 4 30 1 7 8 9 10 11 12 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 July '24 August '24 September '24 SMTWTF S SM TWTFS SMTWTF S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 20 21 22 23 24 22 23 24 25 .26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October '24 November '24 December '24 SMTWTF S SMTWTFS SMTWTF S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 80 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



APPENDIX 4 - RDO CALENDERS 2025 

12 13 14 15 16 17 18 

19 20 21 22 23 24 25 

26 27 28 29 30 31 

1 2 3 4 5 

6 7 8 9 10 11 12 

13 14 15 16 17 18 19 

20 21 22 23 24 25 26 

27 28 29 30 

July 

S M T W T F S 

1 2 3 4 5 

6 7 8 9 10 11 12 

13 14 15 16 17 18 19 

20 21 22 23 24 25 26 

27 29 30 31 

5 6 7 8 9 10 11 

12 13 14 15 16 17 18 

19 20 21 22 23 24 25 

26 27 28 29 30 31 

9 11 12 13 14 15 

16 17 18 19 20 21 22 

23 25 26 27 28 

- - - - --- - - ~ -

May 

S M T W T F S 

1 2 3 

4 6 7 8 9 10 

11 12 13 14 15 16 17 

18 20 21 22 23 24 

25 26 27 28 29 30 31 

August 

S M T W T F S 

1 2 

3 5 6 7 8 9 

10 11 12 13 14 15 16 

17 19 20 21 22 23 

24 25 26 27 28 29 30 

2 . 4 5 6 7 8 

9 10 11 12 13 14 15 

16 18 19 20 21 22 

23 24 25 26 27 28 29 

30 ~ I 

■ Annual leave ( optional) 

□ Flexible RDO Scheduled RDO 

□ □ Designated Long Weekend (Public Holiday and RDO 

9 10 11 12 13 14 15 

16 17 18 19 20 21 22 

23 25 26 27 28 29 

8 9 10 11 12 13 14 

15 16 17 18 19 20 21 

22 23 24 25 26 27 28 

29 

1 2 3 4 5 6 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

21 23 24 25 26 27 

28 29 30 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

21 25 26 27 

28 

= 

81 
D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


APPENDIX 4 - RDO CALENDERS 2025 2025 January February March SMTWTF S SMTWTFS SMTWTFS 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 0 11 12 13 14 15 9 0 11 12 13 14 1 19 20 21 22 23 24 25 6 17 18 19 20 21 22 16 17 18 19 20 21 22 26 27 2 29 30 31 23 24 25 26 27 2 23 24 25 26 27 28 29 30 31 April May June SMTWTFS SMTW TFS SMTWTF S 1 2 3 4 5 1 2 3 1 2 3 4 5 6 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 3 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 6 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 29 30 July August September SMTWT F S SMTWTF S S M TWT F S 1 2 3 4 5 1 2 1 2 3 4 5 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 )11 12 13 14 15 16 14 15 16 17 18 19 20 20 21 22 23 24 25 26 17 18 19 20 21 22 23 21 22 23 24 25 26 27 27 28 29 30 3 1 25 26 27 28 29 28 29 30 31 October November December SM TWTF S S MTWTF S SMTWTFS 1 2 3 4 1 1 2 3 4 5 6 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20 19 2 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 81 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



APPENDIX 4 - RDO CALENDERS 2026 

4 5 6 

11 12 13 14 15 

18 19 20 21 22 

25 26 27 28 29 

5 6 7 8 

12 13 14 15 16 

19 20 21 22 23 

26 27 28 29 30 

July 

S M T W T F S 

1 2 3 4 

5 6 7 8 9 10 11 

12 14 15 16 17 18 

19 20 21 22 23 24 25 

26 . 28 29 30 31 

4 5 6 7 9 10 

11 12 13 14 15 16 17 

18 

25 

20 21 22 23 24 

27 28 29 30 31 

8 9 10 11 12 13 14 

15 16 17 18 19 20 21 

22 24 25 26 27 28 

May 

S M T W T F S 

1 2 

3 4 5 6 7 8 9 

10 11 12 13 14 15 16 

17 19 20 21 22 23 

24 25 26 27 28 29 30 

August 

S M T W T F S 

1 

2 3 4 5 6 7 8 

9 10 11 12 13 14 15 

16 17 18 19 20 21 22 

23 25 26 27 28 29 

8 10 11 12 13 14 

15 16 17 18 19 20 21 

22 23 24 25 26 27 28 

29 30 

■ 
□ 
□ □ 

Annual leave (optional) 

Flexible RDO Scheduled RDO 

Designated Long Weekend (Public Holiday and RDO 

8 9 10 11 12 13 14 

15 16 17 18 19 20 21 

22 24 25 26 27 28 

29 30 31 

7 8 10 11 12 13 

14 15 16 17 18 19 20 

21 22 23 24 25 26 27 

28■ 30 

September 

S M T W T F S 

1 2 3 4 5 

6 7 8 9 10 11 12 

13 14 15 16 17 18 19 

20 ■ 22 23 24 25 26 

27 28 29 30 

6 7 8 9 10 11 12 

13 14 15 16 17 18 19 

20 21 22 23 24 25 26 

27 28 29 30 31 

= 

82 
D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


APPENDIX 4 - RDO CALENDERS 2026 2026 January February March SMTWTF S SMTWTF SMTWTF 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 1 10 11 12 13 14 8 10 11 12 13 14 11 12 13 14 15 16 17 15 16 17 18 19 20 21 15 16 17 18 19 20 21 18 19 20 21 22 23 24 22 23 24 25 26 27 28 2 23 24 25 26 27 28 5 26 27 28 29 30 31 29 30 31 April May June SMTWT FS SMTWTF S SMTWTFS 1 2 3 4 1 2 1 2 3 4 5 6 5 6 7 8 9 10 11 3 4 5 6 7 8 9 7 8 9 10 11 12 13 12 13 14 15 16 17 18 10 11 12 13 14 15 16 14 15 16 17 18 19 2 19 20 21 22 23 24 25 17 18 19 20 21 22 23 21 22 23 24 25 26 2 26 27 28 29 30 24 25 26 27 28 29 30 28 29 30 31 July August September SMTWTF S s MTWTF S SMTWTFS 1 2 3 4 1 1 2 3 4 5 6 7 8 9 10 11 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 13 14 15 16 17 18 19 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 26 27 28 2 :30 31 23 24 25 26 27 28 29 27 28 29 30 30 31 October November December SMTW TFS SMTWTFS S MTWTFS 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 7 8 9 10 11 12 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 1 18 19 18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 2 25 26 27 28 29 30 3 29 30 27 28 29 30 31 00 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 82 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



APPENDIX 4 - RDO CALENDERS 2027 

3 

10 

17 18 19 

24 25 26 27 28 

1 2 3 

' 4 5 6 7 8 9 10 

11 12 13 14 15 16 17 

18 19 20 21 22 23 24 

25 26 27 28 29 30 

1 2 3 

4 5 6 7 8 9 10 

11 12 13 14 15 16 17 

18 19 20 21 22 23 24 

25 27 28 29 30 31 

3 4 5 6 7 8 9 

10 11 12 13 14 15 16 

17 18 19 20 21 22 23 

24 25 26 27 28 29 30 

31 

' 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

21 

28 

23 24 25 26 27 

May 

SMTWT F S 

1 

2 3 4 5 6 7 8 

9 10 11 12 13 14 15 

16 17 18 19 20 21 22 

23 25 26 27 28 29 

August 

SMTWT F S 

1 2 3 4 5 6 7 

8 9 10 11 12 13 14 

15 16 17 18 19 20 21 

22 24 25 26 27 28 

29 30 31 

1 

1 ■ 9 10 11 12 13 

14 15 16 17 18 19 20 

21 22 23 24 25 26 27 

28 29 30 

■ Annual leave ( optional) 

□ Flexible RDO Scheduled RDO 

□ □ Designated Long Weekend (Public Holiday and RDO 

7 8 9 10 11 12 13 

14 15 16 17 18 19 20 

21 22 23 24 25 26 27 

28 29 30 31 

1 2 3 4 5 

6 7 8 9 10 11 12 

13 14 15 16 17 18 19 

20 21 22 23 24 25 26 

27 28 29 30 

September 

S M T W T F S 

1 2 3 4 

5 6 7 8 9 10 11 

12 13 14 15 16 17 18 

19 21 22 23 24 25 

26 27 28 29 30 

5 6 7 8 9 10 11 

12 13 14 15 16 17 18 

i9 20 21 22 23 24 25 

26 27 28 29 30 31 

/ 

= 

83 
D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 

Agreement 2023-2027 


APPENDIX 4 - RDO CALENDERS 2027 2027 January February March SMTWTFS 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 00 0 11 12 13 14 15 1 14 15 16 17 18 19 20 14 15 16 17 18 19 20 17 18 19 20 21 22 23 21 22 23 24 25 26 27 21 22 23 24 25 26 27 24 2 26 27 28 29 30 28 28 29 30 31 31 April May June SMTWTF S SMTWTF S SMTWTF S 1 2 3 1 1 2 3 4 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 1 17 9 10 11 12 13 14 15 14 15 16 17 18 1 18 19 20 21 22 2 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 SMTWTF S S M T W T F S SM TWTF 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 1 6 17 1 18 19 20 21 22 23 24 22 23 24 25 26 27 2 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 SMTWTFS S MTWTFS 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 13 5 6 7 8 9 10 11 10 11 12 13 14 15 16 14 15 : 17 18 19 20 12 13 14 1 16 17 18 17 18 19 20 21 22 23 21 22 23 24 25 26 27 19 20 21 22 2 24 25 24 25 26 27 28 29 30 28 29 30 26 27 28 29 30 31 31 Annual leave (optional) Flexible RDO Scheduled RDO = Designated Long Weekend (Public Holiday and RDO 83 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027




 



SIGNATORY PAGE 

For and on behalf of: D&E Air Conditioning Pty Ltd 

Name: Colin Way 

Position: Director 

ABN: 24 158 631 979 

Employer Adress: 113 Wicks Road Macquarie Park NSW 2113 

Signature 
13th February 2024 

Date 

A Representative of the CEPU - Plumbing Division (NSW Branch) and employee/s 
covered by this Agreement. 

13 / o2 / Ze2.4-
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 

D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise 
Agreement 2023-2027 

84 


SIGNATORY PAGE For and on behalf of: D&E Air Conditioning Pty Ltd Name: Colin Way Position: Director ABN: 24 158 631 979 Employer Adress: 113 Wicks Road Macquarie Park NSW 2113 13th February 2024 Signature Date A Representative of the CEPU - Plumbing Division (NSW Branch) and employee/s covered by this Agreement. 13/02/2024 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 84 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical (HVAC) Enterprise Agreement 2023-2027

Cases cited by this decision: