Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024 - 2028
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s.185 - Application for approval of a single-enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal,
Plumbing and Allied Services Union of Australia
(AG2025/572)
CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING
AND PIPE TRADES EMPLOYEES UNION ENTERPRISE
AGREEMENT 2024 - 2028
Plumbing industry
COMMISSIONER P RYAN SYDNEY, 18 MARCH 2025
Application for approval of the Capit...
...72)
SOLUTIONS PTY LTD AND PLUMBING
AND PIPE TRADES EMPLOYEES UNION ENTERPRISE
AGREEMENT 2024 - 2028
Plumbing industry
COMMISSIONER P RYAN SYDNEY, 18 MARCH 2025
Application for approval of the Capital Maintenance Solutions Pty Ltd and Plumbing and
Pipe Trades Employees Union Enterprise Agreement 2024-2028
[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing
and Allied Servi...
...munications, 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 Capital Maintenance Solutions Pty Ltd and Plumbing and
Pipe Trades Employees Union Enterprise Agreement 2024 - 2028 (Agreement) pursuant to
s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterpris...
...nion Enterprise Agreement 2024 - 2028 (Agreement) pursuant to
s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
[2] The employer covered by the Agreement is Capital Maintenance Solutions Pty Ltd
(Employer).
Section 190 Undertakings
[3] The Employer provided written undertakings. A copy of the undertakings is attached
in Annexure A. I am satisfied that the undertakings ...
...
IN THE FAIR WORK COMMISSION
FWC Matter No.: AG2025/572
Section 185 -Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Cameron Zerner, General Manager for CAPITAL MAINTENANCE SOLUTIONS PTY
LTD give the following undertakings with respect to the CAPITAL MAINTENANCE
SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise
Agreement 2024-2028 ("the Agreemen...
... -Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Cameron Zerner, General Manager for SOLUTIONS PTY
LTD give the following undertakings with respect to the CAPITAL MAINTENANCE
SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise
Agreement 2024-2028 ("the Agreement"):
1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY
LTD to pro...
...e following undertakings with respect to the
SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise
Agreement 2024-2028 ("the Agreement"):
1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY
LTD to provide this undertaking in relation to the application before the Fair Work
Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum
stand...
...
1
IN THE FAIR WORK COMMISSION FWC Matter No .: AG2025/572 Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, General Manager for CAPITAL MAINTENANCE SOLUTIONS PTY LTD give the following undertakings with respect to the CAPITAL MAINTENANCE SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 ("the Agreement")...
... 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, General Manager for SOLUTIONS PTY LTD give the following undertakings with respect to the CAPITAL MAINTENANCE SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 ("the Agreement"): 1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY LTD to provide ...
...e the following undertakings with respect to the SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 ("the Agreement"): 1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY LTD to provide this undertaking in relation to the application before the Fair Work Commission. 2. The National Employment Standards (NES) apply to all employees as a minimum standard. ...
...
PLUMBING
CAPITAL MAINTENANCE
SOLUTIONS PTY LTD
AND
PLUMBING AND PIPE
TRADES EMPLOYEES
UNION ENTERPRISE
AGREEMENT
2024-2028
OCAPITAL MS OF SE NOI PLUMBING CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2024-2028
...
...
PLUMBING
SOLUTIONS PTY LTD
AND
PLUMBING AND PIPE
TRADES EMPLOYEES
UNION ENTERPRISE
AGREEMENT
2024-2028
OCAPITAL MS OF SE NOI PLUMBING CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2024-2028
...
...
NguyenH
Draft
Contents
CAPITAL MAINTENANCE SOLUTIONS PTY LTD ................................................................. 1
PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT ......... 1
Part 1 Introduction ................................................................................................................... 5
1. Title ........................................................
....................................................... 15
19. Part-Time Employees .................................................................................................. 15
2
Contents CAPITAL MAINTENANCE SOLUTIONS PTY LTD. - PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT . 1 Part 1 Introduction .5 1. Title .5 2. Interpretation 5 3. Coverage .6 4. Objectives 6 5. Commitments .6 6. Perio...
...
Part 1 Introduction
1. Title
This Agreement is the Capital Maintenance Solutions Ply Ltd and Plumbing and Pipe Trades
Employees Union Enterprise Agreement 2024-2028.
2. Interpretation
2.1 In this Agreement:
Adult Apprentice means an Apprentice who is 21 years or older when they enter
into their contract of training for a trade qualification that is registered with a
relevant government training a...
...Apprentice who is 21 years or older when they enter
into their contract of training for a trade qualification that is registered with a
relevant government training authority.
Agreement means the Capital Maintenance Solutions Ply Ltd and Plumbing and
Pipe Trades Employees Union Enterprise Agreement 2024-2028.
Apprentice means an Employee who is party to a contract of training with the
Employer that is regist...
...s an Employee who is engaged as such and who is paid
in accordance with clause 20.
Employee means a person employed by the Employer and who is covered by this
Agreement under clause 3.
Employer Capital Maintenance Solutions Ply Ltd ABN 12 611 672 961.
Full-Time Employee means an Employee who works an average of 38 Ordinary
Hours per week.
FW Act means the Fair Work Act 2009 (Cth), as in force from time-to...
...means the hours specified in clause 23.
Part-Time Employee means an Employee who works an average of less than 38
Ordinary Hours per week.
5
Part 1 Introduction 1. Title This Agreement is the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028. 2. Interpretation In this Agreement: Adult Apprentice means an Apprentice who is 21 years or older when ...
... an Apprentice who is 21 years or older when they enter into their contract of training for a trade qualification that is registered with a relevant government training authority. Agreement means the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 Apprentice means an Employee who is party to a contract of training with the Employer that is registered ...
...ee means an Employee who is engaged as such and who is paid in accordance with clause 20. Employee means a person employed by the Employer and who is covered by this Agreement under clause 3 Employer Capital Maintenance Solutions Pty Ltd ABN 12 611 672 961. Full-Time Employee means an Employee who works an average of 38 Ordinary Hours per week. FW Act means the Fair Work Act 2009 (Cth), as in force from time-to-time...
...R WORK COMMISSION
FWC Matter No.: AG2025/572
Section 185 – Application for approval of a single enterprise agreement
Undertaking- Section 190
I, Cameron Zerner, General Manager for CAPITAL MAINTENANCE SOLUTIONS PTY
LTD give the following undertakings with respect to the CAPITAL MAINTENANCE
SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise
Agreement 2024-2028 ("the Agreemen...
...cation for approval of a single enterprise agreement
Undertaking- Section 190
I, Cameron Zerner, General Manager for SOLUTIONS PTY
LTD give the following undertakings with respect to the CAPITAL MAINTENANCE
SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise
Agreement 2024-2028 ("the Agreement"):
1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY
LTD to ...
...following undertakings with respect to the
SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise
Agreement 2024-2028 ("the Agreement"):
1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY
LTD to provide this undertaking in relation to the application before the Fair Work
Commission.
2. The National Employment Standards (NES) apply to all employees as a minimum
s...
1 Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (AG2025/572) CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2024 - 2028 Plumbing industry COMMISSIONER P RYAN SYDNEY, 18 MARCH 2025 Application for approval of the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 [1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024 - 2028 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement. [2] The employer covered by the Agreement is Capital Maintenance Solutions Pty Ltd (Employer). Section 190 Undertakings [3] The Employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. Sections 186, 187, 188 and 190 [4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the FW Act are relevant to this application for approval has been met. In coming to this conclusion, I have had regard to the material [2025] FWCA 941 DECISION FairWork Commission AUSTRALIA FairWork Commission[2025] FWCA 941 2 contained in the application, the accompanying declaration, the responses to issues identified, and the Statement of Principles.1 Section 183 Bargaining Representative [5] The CEPU has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the CEPU. Approval [6] The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 25 March 2025. The nominal expiry date of the Agreement is 30 June 2028. COMMISSIONER Printed by authority of the Commonwealth Government Printer AE528374 PR785313 1 Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023. J DE THE FAIR WORK CO THE SEAL NOISSIN[2025] FWCA 941 3 Annexure A IN THE FAIR WORK COMMISSION FWC Matter No.: AG2025/572 Section 185 -Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, General Manager for CAPITAL MAINTENANCE SOLUTIONS PTY LTD give the following undertakings with respect to the CAPITAL MAINTENANCE SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 ("the Agreement"): 1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY LTD to provide this undertaking in relation to the application before the Fair Work Commission. 2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. 3. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. sJ;_- -- Signature 18.03.2025 Date 1 IN THE FAIR WORK COMMISSION FWC Matter No .: AG2025/572 Section 185 - Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, General Manager for CAPITAL MAINTENANCE SOLUTIONS PTY LTD give the following undertakings with respect to the CAPITAL MAINTENANCE SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 ("the Agreement"): 1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY LTD to provide this undertaking in relation to the application before the Fair Work Commission. 2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. 3 These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. 1 Signature 18.03.2025 Date 1PLUMBING CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2024-2028 OCAPITAL MS OF SE NOI PLUMBING CAPITAL MAINTENANCE SOLUTIONS PTY LTD AND PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT 2024-2028NguyenH Draft Contents CAPITAL MAINTENANCE SOLUTIONS PTY LTD ................................................................. 1 PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT ......... 1 Part 1 Introduction ................................................................................................................... 5 1. Title ............................................................................................................................... 5 2. Interpretation ................................................................................................................. 5 3. Coverage ....................................................................................................................... 6 4. Objectives ..................................................................................................................... 6 5. Commitments ................................................................................................................ 6 6. Period of operation / Nominal Expiry Date .................................................................... 8 7. Variation and termination .............................................................................................. 8 8. Protected industrial action ............................................................................................. 8 9. Annual wage increases ................................................................................................. 8 10. Relationship to other workplace laws ............................................................................ 8 Part 2 Consultation and Dispute Resolution ............................................................................ 9 11. Consultation .................................................................................................................. 9 12. Dispute resolution ....................................................................................................... 11 Part 3 Flexibility ..................................................................................................................... 13 13. Individual flexibility arrangements ............................................................................... 13 Part 4 General conditions of employment... ........................................................................... 14 14. General duties ............................................................................................................. 14 15. Probationary period ..................................................................................................... 14 16. Types of employment .................................................................................................. 14 17. Daily Hire Employees .................................................................................................. 14 18. Full-Time Employees ................................................................................................... 15 19. Part-Time Employees .................................................................................................. 15 2 Contents CAPITAL MAINTENANCE SOLUTIONS PTY LTD. - PLUMBING AND PIPE TRADES EMPLOYEES UNION ENTERPRISE AGREEMENT . 1 Part 1 Introduction .5 1. Title .5 2. Interpretation 5 3. Coverage .6 4. Objectives 6 5. Commitments .6 6. Period of operation / Nominal Expiry Date 8 7. Variation and termination 8 8. Protected industrial action 8 9. Annual wage increases 8 10. Relationship to other workplace laws 8 Part 2 Consultation and Dispute Resolution 9 11. Consultation .9 12. Dispute resolution 11 Part 3 Flexibility 13 13. Individual flexibility arrangements 13 Part 4 General conditions of employment. 14 14. General duties .14 15. Probationary period 14 16. Types of employment 14 17. Daily Hire Employees 14 18. Full-Time Employees 15 19. Part-Time Employees ... 15 220. Casual Employees ...................................................................................................... 15 21. Apprentices ................................................................................................................. 17 22. Sham Arrangements ................................................................................................... 17 Part 5 Hours of work, overtime and weekend work ............................................................... 19 23. Ordinary Hours ............................................................................................................ 19 24. Overtime ...................................................................................................................... 20 25. Shift Work .................................................................................................................... 21 26. Breaks ......................................................................................................................... 21 Part 6 Rates of pay ................................................................................................................ 22 27. Base Rates of pay ....................................................................................................... 22 28. Superannuation ........................................................................................................... 22 29. Travel Allowance ......................................................................................................... 22 30. Productivity Allowance ................................................................................................ 22 31. Meal Allowance ........................................................................................................... 22 32. Top-Up Workers Compensation/24 Hour Accident and Sickness Insurance ............ 23 33. Supervisor Allowance .................................................................................................. 23 34. . Living Away From Home Allowance ............................................................................ 23 35. Payment of wages ....................................................................................................... 24 Part 7 Leave .......................................................................................................................... 26 36. Definitions ................................................................................................................... 26 37. Annual leave ................................................................... : ........................................... 26 38. Personal/ carer's leave and compassionate leave ..................................................... 27 39. Family and Domestic Violence leave .......................................................................... 28 40. Community service leave ............................................................................................ 29 41. Public holidays ............................................................................................................ 30 42. Long service leave ...................................................................................................... 31 43. Parental leave ............................................................................................................. 31 Part 8 Stand Down ................................................................................................................. 32 3 20. Casual Employees 15 21. Apprentices 17 22. Sham Arrangements . 17 Part 5 Hours of work, overtime and weekend work . 19 23. Ordinary Hours. 19 24. Overtime 20 25. Shift Work .21 26. Breaks .21 Part 6 Rates of pay 22 27. Base Rates of pay 22 28. Superannuation. 22 29. Travel Allowance .22 30. Productivity Allowance .22 31. Meal Allowance 22 32. Top-Up Workers Compensation/24 Hour Accident and Sickness Insurance. 23 33. Supervisor Allowance 23 34. . Living Away From Home Allowance .23 35. Payment of wages .24 Part 7 Leave .26 36. Definitions .26 37. Annual leave .26 38. Personal / carer's leave and compassionate leave .27 39 Family and Domestic Violence leave 28 40. Community service leave .29 41. Public holidays .30 42. Long service leave .31 43. Parental leave .31 Part 8 Stand Down. .32 344. Inclement Weather .... , ................................................................................................. 32 Part 9 Work health and safety ............................................................................................... 35 45. General rights and obligations .................................................................................... 35 46. Fitness for work ...................................................................................................... ,.,,,35 4 7. Personal protective equipment. ................... , ... ,,, ...................................................... , .. 36 48. Compensation for tools and clothing ........................................................................... 36 Part 10 Training .................................................................................................................. 38 49. Training ....................................................................................................................... 38 Part 11 Termination of employment... ................................................................................. 39 50. Notice of termination ................................................................................................... 39 51. Redundancy pay ......................................................................................................... 39 Signatories to Agreement ..................................................................................................... .41 Appendix A ........................................................................................................................... .42 1. Classification of Employees ....................................................................................... .42 2. Rates of pay ................................................................................................................ 42 3. Allowance summary ................................................................................................... .44 4. Loadings summary ..................................................................................................... .45 5. Tool Summary ............................................................................................................ .46 6. RDO Calendars .......................................................................................................... .47 4 44. Inclement Weather 32 Part 9 Work health and safety 35 45. General rights and obligations 35 46. Fitness for work 35 47. Personal protective equipment. 36 48. Compensation for tools and clothing .36 Part 10 Training .38 49. Training ,38 Part 11 Termination of employment. .39 50. Notice of termination 39 51. Redundancy pay 39 Signatories to Agreement .. 41 Appendix A .42 1. Classification of Employees 42 2. Rates of pay 42 3. Allowance summary 44 4. Loadings summary .. 45 5. Tool Summary 46 6. RDO Calendars 47 4Part 1 Introduction 1. Title This Agreement is the Capital Maintenance Solutions Ply Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028. 2. Interpretation 2.1 In this Agreement: Adult Apprentice means an Apprentice who is 21 years or older when they enter into their contract of training for a trade qualification that is registered with a relevant government training authority. Agreement means the Capital Maintenance Solutions Ply Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028. Apprentice means an Employee who is party to a contract of training with the Employer that is registered with a relevant government training authority. Award means the Plumbing and Fire Sprinklers Award 2020, as in force from time to-time. Base Hourly Rate of Pay means an Employee's applicable hourly rates of pay set out in Appendix A, exclusive of any allowances. Casual Employee means an Employee who is engaged as such and who is paid in accordance with clause 20. Employee means a person employed by the Employer and who is covered by this Agreement under clause 3. Employer Capital Maintenance Solutions Ply Ltd ABN 12 611 672 961. Full-Time Employee means an Employee who works an average of 38 Ordinary Hours per week. FW Act means the Fair Work Act 2009 (Cth), as in force from time-to-time. FWC means the Fair Work Commission. Journeyperson Plumber/Journeyperson Drainer means an Employee who has completed their plumbing apprenticeship (Certificate Ill) who holds the appropriate licence/s and is primarily engaged to carry out plumbing work and drainage work under the supervision of a Sanitary Plumber/ Drainer. Junior Apprentice means an Apprentice who is younger than 21 years when they enter into their contract of training for a trade qualification that is registered with a relevant government training authority. NES mean the National Employment Standards at Part 2-2 of the FW Act, as in force from time-to-time. Nominal Expiry Date means the date specified in clause 6 Operative Drainer means an Employee who has completed their Certificate II, who holds the appropriate licence/s and is primarily engaged to carry out plumbing work and drainage work under the supervision of a Licensed Plumber/ Drainer. Ordinary Hours means the hours specified in clause 23. Part-Time Employee means an Employee who works an average of less than 38 Ordinary Hours per week. 5 Part 1 Introduction 1. Title This Agreement is the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028. 2. Interpretation In this Agreement: Adult Apprentice means an Apprentice who is 21 years or older when they enter into their contract of training for a trade qualification that is registered with a relevant government training authority. Agreement means the Capital Maintenance Solutions Pty Ltd and Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 Apprentice means an Employee who is party to a contract of training with the Employer that is registered with a relevant government training authority. Award means the Plumbing and Fire Sprinklers Award 2020, as in force from time- to-time. Base Hourly Rate of Pay means an Employee's applicable hourly rates of pay set out in Appendix A, exclusive of any allowances. Casual Employee means an Employee who is engaged as such and who is paid in accordance with clause 20. Employee means a person employed by the Employer and who is covered by this Agreement under clause 3 Employer Capital Maintenance Solutions Pty Ltd ABN 12 611 672 961. Full-Time Employee means an Employee who works an average of 38 Ordinary Hours per week. FW Act means the Fair Work Act 2009 (Cth), as in force from time-to-time. FWC means the Fair Work Commission. Journeyperson Plumber/Journeyperson Drainer means an Employee who has completed their plumbing apprenticeship (Certificate III) who holds the appropriate licence/s and is primarily engaged to carry out plumbing work and drainage work under the supervision of a Sanitary Plumber / Drainer. Junior Apprentice means an Apprentice who is younger than 21 years when they enter into their contract of training for a trade qualification that is registered with a relevant government training authority. NES mean the National Employment Standards at Part 2-2 of the FW Act, as in force from time-to-time. Nominal Expiry Date means the date specified in clause 6 Operative Drainer means an Employee who has completed their Certificate II, who holds the appropriate licence/s and is primarily engaged to carry out plumbing work and drainage work under the supervision of a Licensed Plumber / Drainer. Ordinary Hours means the hours specified in clause 23. Part-Time Employee means an Employee who works an average of less than 38 Ordinary Hours per week. 5Plant Operator/Trades Assistant means an employee who is primarily engaged (but not limited) to operating plant, whom may be required to assist all Employees when requested. Sanitary Plumber/Advanced Sanitary Drainer means an Employee who holds the appropriate licence/s and is primarily engaged to carry out plumbing and drainage work without supervision. Senior Management Employee means an Employee who is not covered by a modern award. Trade Assistant means an Employee who is primarily engaged (but not limited) to assisting all Employees where and as required. Service is as defined in section 22 the FW Act, as in force from time-to-time. 3. Coverage 3.1 The Agreement applies to the Employer and its Employees who are predominantly engaged in on-site plumbing works undertaken as part of construction projects in the Australian Capital Territory and New South Wales and who are covered by the classifications in Appendix A. 3.2 The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that 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 in accordance with section 201 (2) of the FW Act, the Fair Commission (FWC) has noted that the Agreement covers the union. 3.3 For the avoidance of doubt, this Agreement does not apply to: (a) employees engaged predominantly in administrative tasks; and (b) Senior Management Employees. 4. Objectives The objectives of the agreement are to: 4.1 Increase the efficiency of the company by the effective utilisation of the skill and commitment of the company's employees. 4.2 Improve the living standard, job satisfaction and continuity of the company's employees by improving industry standards. 4.3 Create a cooperative and productive industrial relations environment. 4.4 Provide workers with more varied, fulfilling and better paid jobs. 4.5 Promote the continued skill formation of workers. 4.6 Maintain a safe work environment. 4. 7 Establish effective communications between the company and its workers to ensure that the workforce are kept fully informed and have input into decision making that effects the work environment and the future employment of workers with the company. 4.8 Maintain and continue the integrity of trade training through apprenticeships contract of training. 5. Commitments 6 Plant Operator/Trades Assistant means an employee who is primarily engaged (but not limited) to operating plant, whom may be required to assist all Employees when requested. Sanitary Plumber/Advanced Sanitary Drainer means an Employee who holds the appropriate licence/s and is primarily engaged to carry out plumbing and drainage work without supervision. Senior Management Employee means an Employee who is not covered by a modern award. Trade Assistant means an Employee who is primarily engaged (but not limited) to assisting all Employees where and as required. Service is as defined in section 22 the FW Act, as in force from time-to-time. 3. Coverage 3.1 The Agreement applies to the Employer and its Employees who are predominantly engaged in on-site plumbing works undertaken as part of construction projects in the Australian Capital Territory and New South Wales and who are covered by the classifications in Appendix A. 3.2 The Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia 128v (CEPU)(union). On the condition that 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 in accordance with section 201(2) of the FW Act, the Fair Commission (FWC) has noted that the Agreement covers the union. 3.3 For the avoidance of doubt, this Agreement does not apply to: (a) employees engaged predominantly in administrative tasks; and (b) Senior Management Employees. 4. Objectives The objectives of the agreement are to: 4.1 Increase the efficiency of the company by the effective utilisation of the skill and commitment of the company's employees. 4.2 Improve the living standard, job satisfaction and continuity of the company's employees by improving industry standards. 4.3 Create a cooperative and productive industrial relations environment. 4.4 Provide workers with more varied, fulfilling and better paid jobs. 4.5 Promote the continued skill formation of workers. 4.6 Maintain a safe work environment. 4.7 Establish effective communications between the company and its workers to ensure that the workforce are kept fully informed and have input into decision making that effects the work environment and the future employment of workers with the company. 4.8 Maintain and continue the integrity of trade training through apprenticeships contract of training. 5. Commitments 6In order that objectives of this Agreement are achieved, the parties are ccmmitted to ensuring that: 5.1 The measures contained in this agreement lead to real gains in productivity. 5.2 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. 5.3 The measures provided for in this Agreement will be implemented through consultative mechanisms between the employees and the company as per clause 11. 5.4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 5.5 The dispute settlement procedures provided for in this agreement are applied and enforced. 5.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 5.7 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 and Construction Industry. 5.8 Suicide Prevention The parties acknowledge that: (a) Suicide prevention of employees in the construction industry is an important issue. (b) Mental Health on construction sites is now accepted as an industry safety concern. (c) Employees can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (d) Accordingly, to try and reduce the chance of suicide by an employee, The employer agrees to provide training to an appropriate number of employees in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and 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 a training package/ methodology, or provider, during normal working hours. 7 In order that objectives of this Agreement are achieved, the parties are committed to ensuring that: 5.1 The measures contained in this agreement lead to real gains in productivity. 5.2 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. 5.3 The measures provided for in this Agreement will be implemented through consultative mechanisms between the employees and the company as per clause 11. 5,4 Productivity measures will not be implemented at the expense of health and safety standards and those standards will be improved. 5.5 The dispute settlement procedures provided for in this agreement are applied and enforced. 5.6 A free flow of information occurs between the company and employees concerning all aspects of the construction process. 5.7 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 and Construction Industry. 5.8 Suicide Prevention The parties acknowledge that: (a) Suicide prevention of employees in the construction industry is an important issue. (b) Mental Health on construction sites is now accepted as an industry safety concern. (c) Employees can find it difficult to discuss feelings and emotions with colleagues at work, especially in the construction industry. (d) Accordingly, to try and reduce the chance of suicide by an employee, The employer agrees to provide training to an appropriate number of employees in consideration of the size and nature of the workforce concerned, to recognise potentially suicidal behaviour and 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 a training package/ methodology, or provider, during normal working hours. 76. Period of operation/ Nominal Expiry Date 6.1 This Agreement will commence operation 7 days after it is approved by the FWC. 6.2 This Agreement shall remain in force until 30 June 2028. The Employer intends to commence bargaining concerning a replacement enterprise agreement by no later than 6 months prior to the expiry date. This agreement will continue to operate after its nominal expiry date unless it is replaced by another enterprise agreement or is terminated in accordance with the FW Act. 7. Variation and termination 7.1 As per the FW Act, the Agreement may be varied as follows: (a) if the Employer and a majority of affected Employees agree, an application may be made to the FWC to vary any aspect of the Agreement; and (b) either the Employer or an Employee (or their representative, if any) may make an application to vary the Agreement to remove an ambiguity or uncertainty. 7.2 As per the FW Act, the Agreement may be terminated as follows: (a) before the Nominal Expiry Date, if the Employer and a majority of Employees agree, an application may be made to the FWC to terminate the Agreement; and (b) after the Nominal Expiry Date, either the Employer or an Employee (or their representative. if any) may apply to the FWC to terminate the Agreement. 8. Protected industrial action Protected industrial action as defined in the FW Act cannot be taken by Employees prior to the Nominal Expiry Date of this Agreement. 9. Annual wage increases The Base Hourly Rate of Pay in this agreement will increase by 5% on the first pay period after: (a) 1 July 2024 The base Hourly Rate of Pay in the agreement will increase by 6% on the first pay period after: (b) 1 July 2025 (c) 1 July 2026 The base Hourly Rate of Pay in the agreement will increase by 7% on the first pay period after: (d) 1 July 2027 10. Relationship to other workplace laws 10.1 This Agreement replaces in its entirety any potentially applicable modern awards, such as the Award, except where otherwise stated in this Agreement. 10.2 This Agreement operates in conjunction with the NES. 10.3 For the avoidance of doubt, any applicable legislation, regulation, industrial instruments, and any policies and procedures of the Employer are not incorporated into this Agreement and do not form part of an Employee's contract of employment. 8 6. Period of operation / Nominal Expiry Date 6.1 This Agreement will commence operation 7 days after it is approved by the FWC. 6.2 This Agreement shall remain in force until 30 June 2028. The Employer intends to commence bargaining concerning a replacement enterprise agreement by no later than 6 months prior to the expiry date. This agreement will continue to operate after its nominal expiry date unless it is replaced by another enterprise agreement or is terminated in accordance with the FW Act. 7. Variation and termination 7.1 As per the FW Act, the Agreement may be varied as follows: (a) if the Employer and a majority of affected Employees agree, an application may be made to the FWC to vary any aspect of the Agreement; and (b) either the Employer or an Employee (or their representative, if any) may make an application to vary the Agreement to remove an ambiguity or uncertainty. 7.2 As per the FW Act, the Agreement may be terminated as follows: (a) before the Nominal Expiry Date, if the Employer and a majority of Employees agree, an application may be made to the FWC to terminate the Agreement; and (b) after the Nominal Expiry Date, either the Employer or an Employee (or their representative, if any) may apply to the FWC to terminate the Agreement. 8. Protected industrial action Protected industrial action as defined in the FW Act cannot be taken by Employees prior to the Nominal Expiry Date of this Agreement. 9. Annual wage increases The Base Hourly Rate of Pay in this agreement will increase by 5% on the first pay period after: (a) 1 July 2024 The base Hourly Rate of Pay in the agreement will increase by 6% on the first pay period after: (b) 1 July 2025 (c) 1 July 2026 The base Hourly Rate of Pay in the agreement will increase by 7% on the first pay period after: (d) 1 July 2027 10. Relationship to other workplace laws 10.1 This Agreement replaces in its entirety any potentially applicable modern awards, such as the Award, except where otherwise stated in this Agreement. 10.2 This Agreement operates in conjunction with the NES. 10.3 For the avoidance of doubt, any applicable legislation, regulation, industrial instruments, and any policies and procedures of the Employer are not incorporated into this Agreement and do not form part of an Employee's contract of employment. 8Part 2 Consultation and Dispute Resolution 11. Consultation 11. 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) proposes to introduce a change to the regular roster or Ordinary Hours of work of Employees. Major change 11.2 For a major change referred to in clause11.1 (a): (a) the Employer must notify the Relevant Employees of the decision to introduce the major change; and (b) clauses 11.3 to 11.9 apply. 11.3 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 11.4 If: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 11.5 As soon as practicable after making its decision, the Employer must: (a) discuss with the Relevant Employees: 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 Employees: 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. 11.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 11. 7 The Employer must give prompt and genuine consideration to matters raised about the major change by the Relevant Employees. 9 Part 2 Consultation and Dispute Resolution 11. Consultation 11.1 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) proposes to introduce a change to the regular roster or Ordinary Hours of work of Employees. Major change 11.2 For a major change referred to in clause11.1(a): (a) the Employer must notify the Relevant Employees of the decision to introduce the major change; and (b) clauses 11.3 to 11.9 apply. 11.3 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 11.4 If: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 11.5 As soon as practicable after making its decision, the Employer must: (a) discuss with the Relevant Employees: 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 Employees: 1. 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. 11.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 11.7 The Employer must give prompt and genuine consideration to matters raised about the major change by the Relevant Employees. 911.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause11.2(a) and clauses 11.3 and 11.5 are taken not to apply. 11.9 In this term, 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 11.1 O For a change referred to in clause11.1 (b ): (a) the Employer must notify the Relevant Employees of the proposed change;and (b) clauses11.11to11.15apply 11.11 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 11.12 If: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 11.13 As soon as practicable after proposing to introduce the change, the Employer must: (a) discuss with the Relevant Employees the introduction of the change; and (b) for the purposes of the discussion-provide to the Relevant Employees: 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 10 11.8 If a term in this Agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clause11.2(a) and clauses 11.3 and 11.5 are taken not to apply. 11.9 In this term, 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 (1) the need to relocate Employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or Ordinary Hours of work 11.10 For a change referred to in clause11.1(b): (a) the Employer must notify the Relevant Employees of the proposed change; and (b) clauses 11.11 to 11.15 apply 11.11 The Relevant Employees may appoint a representative for the purposes of the procedures in this term. 11.12 If: (a) a Relevant Employee appoints, or Relevant Employees appoint, a representative for the purposes of consultation; and (b) the Employee or Employees advise the Employer of the identity of the representative; the Employer must recognise the representative. 11.13 As soon as practicable after proposing to introduce the change, the Employer must: (a) discuss with the Relevant Employees the introduction of the change; and (b) for the purposes of the discussion-provide to the Relevant Employees: 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 10(c) invite the Relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 11.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 11.15 The Employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employees. 11.16 In this term 'Relevant Employees' means the Employees who may be affected by a change referred to in clause 11.1. 12. Dispute resolution 12.1 If a dispute relates to: (a) a matter arising under this Agreement; or (b) the NES; this clause sets out procedures to settle the dispute. 12.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term, who must be recognised by the Employer. 12.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. 12.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. 12.5 The FWC may deal with the dispute in 2 stages: (a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the FWC is unable to resolve the dispute at the first stage, the FWC may: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 12.6 While the parties are trying to resolve the dispute: (a) an Employee must continue to perform their usual duties unless the Employee has a reasonable concern about an imminent risk to their health or safety; and (b) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or ii. applicable occupational health and safety legislation would not permit the work to be performed; or iii. the work is not appropriate for the Employee to perform; or 11 (c) invite the Relevant Employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 11.14 However, the Employer is not required to disclose confidential or commercially sensitive information to the Relevant Employees. 11.15 The Employer must give prompt and genuine consideration to matters raised about the change by the Relevant Employees. 11.16 In this term 'Relevant Employees' means the Employees who may be affected by a change referred to in clause 11.1. 12. Dispute resolution 12.1 If a dispute relates to: (a) a matter arising under this Agreement; or (b) the NES; this clause sets out procedures to settle the dispute. 12.2 An Employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term, who must be recognised by the Employer. 12.3 In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the Employee or Employees and relevant supervisors and/or management. 12.4 If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to the FWC. 12.5 The FWC may deal with the dispute in 2 stages: (a) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and (b) if the FWC is unable to resolve the dispute at the first stage, the FWC may: i. arbitrate the dispute; and ii. make a determination that is binding on the parties. 12.6 While the parties are trying to resolve the dispute: (a) an Employee must continue to perform their usual duties unless the Employee has a reasonable concern about an imminent risk to their health or safety; and (b) an Employee must comply with a direction given by the Employer to perform other available work at the same workplace, or at another workplace, unless: i. the work is not safe; or li. applicable occupational health and safety legislation would not permit the work to be performed; or ili. the work is not appropriate for the Employee to perform; or 11iv. there are other reasonable grounds for the Employee to refuse to comply with the direction. The parties to the dispute agree to be bound by a decision made by FWC in accordance with this term. Workplace Delegates 12.7 For the purposes of this clause, a workplace delegate is a person appointed or elected, in accordance with the rules of an employee organisation, to be a delegate or representative (however described) for members of the organisation who work in a particular enterprise. 12.8 An appointed or elected Workplace Delegate will be afforded the rights as so expressed by clause 29A of the Award. 12.9 In the event of any inconsistency between any provisions of this Agreement, the Award and the FW Act, the intent and terms of the of the instrument which provides the greater entitlement, in relation to rights of workplace delegates, shall prevail to the extent of such inconsistency. 12 iv. there are other reasonable grounds for the Employee to refuse to comply with the direction. The parties to the dispute agree to be bound by a decision made by FWC in accordance with this term. Workplace Delegates 12.7 For the purposes of this clause, a workplace delegate is a person appointed or elected, in accordance with the rules of an employee organisation, to be a delegate or representative (however described) for members of the organisation who work in a particular enterprise. 12.8 An appointed or elected Workplace Delegate will be afforded the rights as so expressed by clause 29A of the Award. 12.9 In the event of any inconsistency between any provisions of this Agreement, the Award and the FW Act, the intent and terms of the of the instrument which provides the greater entitlement, in relation to rights of workplace delegates, shall prevail to the extent of such inconsistency. 12Part 3 Flexibility 13. Individual flexibility arrangements 13.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement ('IFA') to vary the effect of terms of the Agreement if: (a) the IFA meets the genuine needs of the Employer and Employee; and (b) the IFA is genuinely agreed to by the Employer and Employee. 13.2 The Employer must ensure that the terms of the IFA: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA was made. 13.3 The Employer must ensure that the IFA: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: i. the terms of the Agreement that will be varied by the IFA; and ii. how the IFA will vary the effect of the terms; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA; and (e) states the day on which the IFA commences. 13.4 The Employer must give the Employee a copy of the IFA within 14 days after it is agreed to. 13.5 The Employer or Employee may terminate the IFA: (a) by giving no more than 28 days written notice to the other party to the IFA; or (b) if the Employer and Employee agree in writing - at any time. 13.6 This clause does not prevent the making of a common law contract of employment that supplements the terms and conditions in this Agreement. 13.7 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. 13 Part 3 Flexibility 13. .Individual flexibility arrangements 13.1 The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement ('IFA') to vary the effect of terms of the Agreement if: (a) the IFA meets the genuine needs of the Employer and Employee; and (b) the IFA is genuinely agreed to by the Employer and Employee. 13.2 The Employer must ensure that the terms of the IFA: (a) are about permitted matters under section 172 of the FW Act; and (b) are not unlawful terms under section 194 of the FW Act; and (c) result in the Employee being better off overall than the Employee would be if no IFA was made 13.3 The Employer must ensure that the IFA: (a) is in writing; and (b) includes the name of the Employer and Employee; and (c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee; and (d) includes details of: 1. the terms of the Agreement that will be varied by the IFA; and ii. how the IFA will vary the effect of the terms; and iii. how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA; and (e) states the day on which the IFA commences. 13.4 The Employer must give the Employee a copy of the IFA within 14 days after it is agreed to. 13.5 The Employer or Employee may terminate the IFA: (a) by giving no more than 28 days written notice to the other party to the IFA; or (b) if the Employer and Employee agree in writing - at any time. 13.6 This clause does not prevent the making of a common law contract of employment that supplements the terms and conditions in this Agreement. 13.7 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. 13Part 4 General conditions of employment 14. General duties 14.1 Employees must: (a) work honestly and faithfully and in a competent manner; {b) work as reasonably and lawfully directed by the Employer; (c) during normal working hours, devote the whole of their time and attention to the Employer's business; {d) fully and truthfully answer any questions the Employer asks regarding their employment or their activities on behalf of the Employer; and (e) follow any policies and procedures set by the Employer from time-to time. 14.2 Work locations may vary at the direction of the Employer. 14.3 Employees may be directed to carry out any duties that are reasonably required by the Employer and within the limits of the Employee's skills, competence and training, even if those duties are inconsistent with the usual duties performed by the Employee. 15. Probationary period 15.1 An Employee's first three (3) months of employment will be their probationary period. 15.2 During an Employee's probationary period, either the Employer or the Employee may terminate the Employee's employment by providing one day's notice or payment in lieu of notice, unless they are dismissed for serious misconduct, in which case no notice will be payable. 15.3 This clause does not apply to Casual Employees or Apprentices. 16. Types of employment 16.1 Employees under this Agreement will be employed either as full-time or part-time Employees on daily hire, or as Casual Employees. Employees will be informed at the time of engagement of the terms of their engagement as either a full-time or part-time on daily hire or Casual Employee. 16.2 At the time of engagement, if the Employer does not inform an employee in writing of the terms of their engagement, they will be a full-time Daily Hire Employee. Upon engagement, Employees must be informed whether their employment is full-time, part-time or casual. 17. Daily Hire Employees 17 .1 The following provisions will apply to daily hire Employees: (a) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; 14 Part 4 General conditions of employment 14. General duties 14.1 Employees must: (a) work honestly and faithfully and in a competent manner; (b) work as reasonably and lawfully directed by the Employer; (c) during normal working hours, devote the whole of their time and attention to the Employer's business; (d) fully and truthfully answer any questions the Employer asks regarding their employment or their activities on behalf of the Employer; and (e) follow any policies and procedures set by the Employer from time-to- time. 14.2 Work locations may vary at the direction of the Employer. 14.3 Employees may be directed to carry out any duties that are reasonably required by the Employer and within the limits of the Employee's skills, competence and training, even if those duties are inconsistent with the usual duties performed by the Employee. 15. Probationary period 15.1 An Employee's first three (3) months of employment will be their probationary period. 15.2 During an Employee's probationary period, either the Employer or the Employee may terminate the Employee's employment by providing one day's notice or payment in lieu of notice, unless they are dismissed for serious misconduct, in which case no notice will be payable. 15.3 This clause does not apply to Casual Employees or Apprentices. 16 Types of employment 16.1 Employees under this Agreement will be employed either as full-time or part-time Employees on daily hire, or as Casual Employees. Employees will be informed at the time of engagement of the terms of their engagement as either a full-time or part-time on daily hire or Casual Employee. 16.2 At the time of engagement, if the Employer does not inform an employee in writing of the terms of their engagement, they will be a full-time Daily Hire Employee. Upon engagement, Employees must be informed whether their employment is full-time, part-time or casual. 17. Daily Hire Employees 17.1 The following provisions will apply to daily hire Employees: (a) One day's notice of termination of employment will be given by either party or one day's pay must be paid or forfeited; 14(b) Notice will be given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; and (c) One hour prior to termination to gather, clean, pack and transport tools. 18. Full-Time Employees Entitlements Full-Time Employees are entitled to all of the applicable conditions of employment in this Agreement. For hours worked, Full-Time Employees must be paid the applicable Base Rates as per Appendix A. 19. Part-Time Employees Entitlements 19.1 Part-Time Employees are entitled to all of the applicable conditions of employment in this Agreement, which (except where otherwise stated) accrue on a pro-rata basis, depending on hours worked. For hours worked, Part-Time Employees must be paid the applicable Base Rates as per Appendix A. Hours of work 19.2 Upon engagement, Part-Time Employees must be informed of their usual hours of work, which may thereafter only be varied with the agreement of the Employer and the Employee. 20. Casual Employees Entitlements 20.1 Casual Employees are entitled to all of the applicable conditions of employment in this Agreement, other than paid annual leave, paid personal/carer's leave, paid community service leave, payment for absences on public holidays, RDO's, redundancy pay and notice of termination. Casual loading 20.2 For hours worked, Casual Employees must be paid a casual loading of 25%, calculated on the Employee's relevant Base Rate. 20.3 The loading in clause 20.2 must be paid in addition to any overtime, weekend or shift or public holiday loadings. Minimum engagement 20.4 A Casual Employee must be paid for at least three (3) hours work per engagement, plus the Travel Allowance, regardless of whether there is sufficient work for that length of time. Casual Conversion to full-time or part-lime employment 20.5 A casual employee, other than an irregular casual employee, who has been engaged by the employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. 15 (b) Notice will be given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work; and (c) One hour prior to termination to gather, clean, pack and transporttools. 18. .Full-Time Employees Entitlements Full-Time Employees are entitled to all of the applicable conditions of employment in this Agreement. For hours worked, Full-Time Employees must be paid the applicable Base Rates as per Appendix A. 19. Part-Time Employees Entitlements 19.1 Part-Time Employees are entitled to all of the applicable conditions of employment in this Agreement, which (except where otherwise stated) accrue on a pro-rata basis, depending on hours worked. For hours worked, Part-Time Employees must be paid the applicable Base Rates as per Appendix A. Hours of work 19.2 Upon engagement, Part-Time Employees must be informed of their usual hours of work, which may thereafter only be varied with the agreement of the Employer and the Employee. 20. Casual Employees Entitlements 20.1 Casual Employees are entitled to all of the applicable conditions of employment in this Agreement, other than paid annual leave, paid personal/carer's leave, paid community service leave, payment for absences on public holidays, RDO's, redundancy pay and notice of termination. Casual loading 20.2 For hours worked, Casual Employees must be paid a casual loading of 25%, calculated on the Employee's relevant Base Rate. 20.3 The loading in clause 20.2 must be paid in addition to any overtime, weekend or shift or public holiday loadings. Minimum engagement 20.4 A Casual Employee must be paid for at least three (3) hours work per engagement, plus the Travel Allowance, regardless of whether there is sufficient work for that length of time. Casual Conversion to full-time or part-time employment 20.5 A casual employee, other than an irregular casual employee, who has been engaged by the employer for a sequence of periods of employment under this Agreement during a period of six months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process. 1520.6 Every employer of such an employee 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. 20. 7 Any such casual employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion. 20.8 Any casual employee who has a right to elect under clause 20.5, on receiving notice under clause 20.6 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 or part-time employment, and within four weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse. 20.9 Once a casual employee has elected to become and has been converted to a full time or part-time employee, the employee may only revert to casual employment by written agreement with the employer. 20.10 If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 20.8, the employer and employee must, subject to clause 20.8, discuss and agree on: i. which form of employment the employee will convert to full-time or part - time; and ii. if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked. 20.11 An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee. 20.12 Following such agreement being reached, the employee converts to full-time or part-time employment. 20.13 Where, in accordance with clause 20.8 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. 20.14 By agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 20.5 as if the reference to six months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any agreement reached must be kept by the employer as a time and wages record. Any agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause 20.5. 20.15 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 20.6 Every employer of such an employee 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. 20.7 Any such casual employee who does not within four weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion. 20.8 Any casual employee who has a right to elect under clause 20.5, on receiving notice under clause 20.6 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 or part-time employment, and within four weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably so refuse. 20.9 Once a casual employee has elected to become and has been converted to a full- time or part-time employee, the employee may only revert to casual employment by written agreement with the employer. 20.10 If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with clause 20.8, the employer and employee must, subject to clause 20.8, discuss and agree on: i. which form of employment the employee will convert to full-time or part - time; and ii. if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked. 20.11 An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full- time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed on between the employer and employee. 20.12 Following such agreement being reached, the employee converts to full-time or part-time employment. 20.13 Where, in accordance with clause 20.8 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. 20.14 By agreement between the employer and the majority of the employees in the relevant workplace or a section or sections of it, or with the casual employee concerned, the employer may apply clause 20.5 as if the reference to six months is a reference to 12 months, but only in respect of a currently engaged individual employee or group of employees. Any agreement reached must be kept by the employer as a time and wages record. Any agreement reached with an individual employee may only be reached within the two months prior to the period of six months referred to in clause 20.5. 20.15 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. 1620.16 An employee must not be engaged and re-engaged to avoid any obligation under this agreement. 21. Apprentices Entitlements 21.1 Apprentices are entitled to all of the applicable conditions of employment in this Agreement, other than redundancy pay, Productivity Allowance and Supervisor Allowance. 21.2 For hours worked, Apprentices must be paid the applicable Base Hourly Rate of Pay as per Appendix A Off-the-job training 21.3 An apprentice is entitled to be absent from work to attend off-the-job training with a registered training organisation as part of their contract of training, without loss of pay. 21.4 In accordance with the Award, unless there is unsatisfactory progress by an Apprentice in their contract of training, the Employer will pay for, or will reimburse the cost of: (a) Any training fees payable for off-the-job training as per their contract of training with their registered training organisation; and (b) The cost of prescribed textbooks (excluding those textbooks which are available in the employer's technical library). Wage progression 21.5 In accordance with the Award, for hours worked Apprentices will be entitled to the applicable Base Hourly Rate of Pay indicated at Appendix A, either on the basis of time served or competency, whichever occurs earliest. Termination of apprenticeship 21.6 An apprenticeship may be terminated by either party giving notice in accordance with the NES. 22. Sham Arrangements Misrepresenting employment as independent contracting arrangement 22.1 (1) A person (the employer) that employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. 22.2 (2) Subsection (1) does not apply if the employer proves that, when the representation was made, the employer: (a) did not know; and (b) was not reckless as to whether; the contract was a contract of employment rather than a contract for services. 17 20.16 An employee must not be engaged and re-engaged to avoid any obligation under this agreement. 21. Apprentices Entitlements 21.1 Apprentices are entitled to all of the applicable conditions of employment in this Agreement, other than redundancy pay, Productivity Allowance and Supervisor Allowance. 21.2 For hours worked, Apprentices must be paid the applicable Base Hourly Rate of Pay as per Appendix A Off-the-job training 21.3 An apprentice is entitled to be absent from work to attend off-the-job training with a registered training organisation as part of their contract of training, without loss of pay. 21.4 In accordance with the Award, unless there is unsatisfactory progress by an Apprentice in their contract of training, the Employer will pay for, or will reimburse the cost of: (a) Any training fees payable for off-the-job training as per their contract of training with their registered training organisation; and (b) The cost of prescribed textbooks (excluding those textbooks which are available in the employer's technical library). Wage progression 21.5 In accordance with the Award, for hours worked Apprentices will be entitled to the applicable Base Hourly Rate of Pay indicated at Appendix A, either on the basis of time served or competency, whichever occurs earliest. Termination of apprenticeship 21.6 An apprenticeship may be terminated by either party giving notice in accordance with the NES. 22. Sham Arrangements Misrepresenting employment as independent contracting arrangement 22.1 (1) A person (the employer) that employs, or proposes to employ, an individual must not represent to the individual that the contract of employment under which the individual is, or would be, employed by the employer is a contract for services under which the individual performs, or would perform, work as an independent contractor. 22.2 (2) Subsection (1) does not apply if the employer proves that, when the representation was made, the employer: (a) did not know; and (b) was not reckless as to whether; the contract was a contract of employment rather than a contract for services. 17Dismissing to engage as independent contractor 22.3 An employer must not dismiss, or threaten to dismiss, an individual who: (a) is an employee of the employer; and (b) 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. Misrepresentation to engage as independent contractor 22.4 A person (the employer) that employs, or has at any time employed, an individual to perform particular work must not make 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. 18 Dismissing to engage as independent contractor 22.3 An employer must not dismiss, or threaten to dismiss, an individual who: (a) is an employee of the employer; and (b) 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. Misrepresentation to engage as independent contractor 22.4 A person (the employer) that employs, or has at any time employed, an individual to perform particular work must not make 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. 18Part 5 Hours of work, overtime and weekend work 23. Ordinary Hours Presenting to 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 of work or payment therefore at ordinary rates, plus the appropriate travel allowance if eligible. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case inclement weather provisions will apply. Ordinary Hours of work 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 38 per week worked in accordance with the following provisions for a four-week work cycle: Ordinary working hours will be worked in a twenty-day, four week cycle, Monday to Friday inclusive, with nineteen working days of eight hours each, between the hours of 7.00 a.m. and 6.00 p.m., with 0.4 of one hour on each day worked accruing as an entitlement to take a rostered day off (RDO) in each cycle paid as though worked, (a) This time will accrue as follows: i. 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken; ii. An employee is not entitled to accrue the time provided for in 23.1 (a) whilst on an RDO. 23.2 Clearing of Rostered Days Off (a) The RDO Calendars for 2025, 2026, 2027, and 2028 are pertained in Appendix A of this agreement. {b) While the schedule of RDO's prescribed will be observed, the employer and employee/employees may consult; to increase productivity and meet scheduled work arrangements alter the scheduled days mentioned in the Appendix to meet such work requirements. (c) The Calendars may be subject to change via consultation between the employer and employees. {d) If on commencement of Employment an employee does not have enough RDO leave accrued to obtain full payment for the next rostered day off, only partial payment may be made from accruals. (e) Termination of employment (f) On termination, the employer must pay an employee all unused accruals that the employee has accrued under this clause. (g) RDOs may be 'banked' up to a maximum of five (5) RDOs, unless otherwise agreed between the Employer and the Employee. These RDOs may be taken at times agreed between the Employer and the Employee. (h) Cashing out of RDOs will not be allowed in lieu of them as days off. Individual circumstances will be addressed in accordance with clause 13. 19 Part 5 Hours of work, overtime and weekend work 23. Ordinary Hours Presenting to 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 of work or payment therefore at ordinary rates, plus the appropriate travel allowance if eligible. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case inclement weather provisions will apply. Ordinary Hours of work 23.1 Except as provided elsewhere in this agreement, the average ordinary working hours will be 38 per week worked in accordance with the following provisions for a four-week work cycle: Ordinary working hours will be worked in a twenty-day, four week cycle, Monday to Friday inclusive, with nineteen working days of eight hours each, between the hours of 7.00 a.m. and 6.00 p.m ., with 0.4 of one hour on each day worked accruing as an entitlement to take a rostered day off (RDO) in each cycle paid as though worked, (a) This time will accrue as follows: i. 0.4 hours (24 minutes) accrued per day worked or per day of paid leave taken; ii. An employee is not entitled to accrue the time provided for in 23.1(a) whilst on an RDO. 23.2 Clearing of Rostered Days Off (a) The RDO Calendars for 2025, 2026, 2027, and 2028 are pertained in Appendix A of this agreement. (b) While the schedule of RDO's prescribed will be observed, the employer and employee/employees may consult; to increase productivity and meet scheduled work arrangements alter the scheduled days mentioned in the Appendix to meet such work requirements. (c) The Calendars may be subject to change via consultation between the employer and employees. (d) If on commencement of Employment an employee does not have enough RDO leave accrued to obtain full payment for the next rostered day off, only partial payment may be made from accruals. (e) Termination of employment (f) On termination, the employer must pay an employee all unused accruals that the employee has accrued under this clause. (g) RDOs may be 'banked' up to a maximum of five (5) RDOs, unless otherwise agreed between the Employer and the Employee. These RDOs may be taken at times agreed between the Employer and the Employee. (h) Cashing out of RDOs will not be allowed in lieu of them as days off. Individual circumstances will be addressed in accordance with clause 13. 19Early start 23.3 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. 23.4 Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. 24. Overtime 24.1 The Employer may request an Employee to work reasonable overtime. 24.2 An Employee may refuse to work unreasonable overtime. 24.3 No Employee can work overtime without the prior agreement of the Employer. 24.4 In determining whether overtime is reasonable or unreasonable, relevant factors include: (a) risks to health and safety; (b) the nature of the Employer's business, including its operational requirements and project demands; (c) the Employee's personal circumstances, including family responsibilities; (d) the fact that overtime loadings will be payable; (e) the amount of notice given by the Employer; (f) the amount of notice given by the Employee; and (g) any other relevant matter. Overtime loadings 24.5 An Employee who works outside of Ordinary Hours (inclusive of time accruing towards RDOs - i.e. more than 8 hours per weekday) must be paid the overtime loadings set out in the table below, multiplied by their Base Rates: Overtime period Loading Monday to Friday: first 2 hours 50% Monday to Friday: more than 2 hours 100% Saturday: all hours 100% Sunday: all hours 100% Part-Time Employees 24.6 For the avoidance of doubt, Part-Time Employees are entitled to overtime after more than 8 hours of work per day (inclusive of time accruing towards RDOs). Apprentices 24.7 An apprentice under the age of 18 cannot be made to work overtime, unless they agree to do so. 20 Early start 23.3 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. 23.4 Employees will be entitled to take five minutes immediately before lunch and before finishing time to enable them to wash and put away gear. The washing time breaks will be counted as time worked. 24. Overtime 24.1 The Employer may request an Employee to work reasonable overtime. 24.2 An Employee may refuse to work unreasonable overtime. 24.3 No Employee can work overtime without the prior agreement of the Employer. 24.4 In determining whether overtime is reasonable or unreasonable, relevant factors include: (a) risks to health and safety; (b) the nature of the Employer's business, including its operational requirements and project demands; (c) the Employee's personal circumstances, including family responsibilities; (d) the fact that overtime loadings will be payable; (e) the amount of notice given by the Employer; (f) the amount of notice given by the Employee; and (g) any other relevant matter. Overtime loadings 24.5 An Employee who works outside of Ordinary Hours (inclusive of time accruing towards RDOs - i.e. more than 8 hours per weekday) must be paid the overtime loadings set out in the table below, multiplied by their Base Rates: Overtime period Loading Monday to Friday: first 2 hours 50% Monday to Friday: more than 2 hours 100% Saturday: all hours 100% Sunday: all hours 100% Part-Time Employees 24.6 For the avoidance of doubt, Part-Time Employees are entitled to overtime after more than 8 hours of work per day (inclusive of time accruing towards RDOs). Apprentices 24.7 An apprentice under the age of 18 cannot be made to work overtime, unless they agree to do so. 2024.8 An Apprentice cannot be made to work overtime if it would conflict with their off the-job training as per their contract of training with a registered training organisation. Minimum shifts on weekends 24.9 An Employee who is required to work on a Saturday must be provided with at least three (3) hours' worth of pay, regardless of whether there is sufficient work for that length of time. 24.10 An Employee who is required to work on a Sunday must be provided with at least four (4) hours' worth of pay, regardless of whether there is sufficient work for that length of time. 25, Shift Work 25.1 For the purposes of the NES, the definition of a shift worker will be as per the Plumbing and Fire Sprinklers Award 2020. 25.2 For Shift Work occurring between midnight Sunday and midnight Saturday for five (5) or more consecutive shifts, Employees must be paid a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked, which will replace overtime loadings under clause 24.lf the Employer and the Employee agree, an Employee may perform Shift Work on a Sunday and receive a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked which will replace overtime loadings under clause 24. 25.3 For Shift Work occurring between midnight Friday and midnight Sunday, Employees performing Shift Work will be paid as for weekend work in accordance with the overtime provisions in clause 24. 25.4 An Employee employed for less than five (5) consecutive shifts in any working week will be paid in accordance with Clause 24.5. However, it can be paid per Clause 25.2 for less than five (5) consecutive shifts if notice is given and agreed by the Employee or the actions of an Employee means that they will not work five (5) consecutive shifts. 25.5 Shift Work hours are to be treated as Ordinary Hours of work for the purposes of RDO and leave accrual. 25.6 For all work performed beyond 8 hours per shift (including time accruing towards RDOs) Employees performing Shift Work must be paid in accordance with the overtime provisions in clause 24. 25.7 Employees must be provided with at least 10 consecutive hours off duty between shifts. If an Employee commences work without having received 10 consecutive hours off duty, such time will be paid overtime rates in accordance with clause 24 26. Breaks 26.1 An Employee who has worked for 5 hours must be provided with an unpaid meal break of not less than 30 minutes. 26.2 Employees must be provided with a paid crib break of 1 O minutes between 9.00 am and 11.00 am. 21 24.8 An Apprentice cannot be made to work overtime if it would conflict with their off- the-job training as per their contract of training with a registered training organisation. Minimum shifts on weekends 24.9 An Employee who is required to work on a Saturday must be provided with at least three (3) hours' worth of pay, regardless of whether there is sufficient work for that length of time. 24.10 An Employee who is required to work on a Sunday must be provided with at least four (4) hours' worth of pay, regardless of whether there is sufficient work for that length of time. 25. Shift Work 25.1 For the purposes of the NES, the definition of a shift worker will be as per the Plumbing and Fire Sprinklers Award 2020 25.2 For Shift Work occurring between midnight Sunday and midnight Saturday for five (5) or more consecutive shifts, Employees must be paid a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked, which will replace overtime loadings under clause 24.If the Employer and the Employee agree, an Employee may perform Shift Work on a Sunday and receive a Shift Work loading of 33% calculated on their Base Hourly Rate of Pay, for all hours worked which will replace overtime loadings under clause 24. 25.3 For Shift Work occurring between midnight Friday and midnight Sunday, Employees performing Shift Work will be paid as for weekend work in accordance with the overtime provisions in clause 24. 25.4 An Employee employed for less than five (5) consecutive shifts in any working week will be paid in accordance with Clause 24.5. However, it can be paid per Clause 25.2 for less than five (5) consecutive shifts if notice is given and agreed by the Employee or the actions of an Employee means that they will not work five (5) consecutive shifts. 25.5 Shift Work hours are to be treated as Ordinary Hours of work for the purposes of RDO and leave accrual. 25.6 For all work performed beyond 8 hours per shift (including time accruing towards RDOs) Employees performing Shift Work must be paid in accordance with the overtime provisions in clause 24. 25.7 Employees must be provided with at least 10 consecutive hours off duty between shifts. If an Employee commences work without having received 10 consecutive hours off duty, such time will be paid overtime rates in accordance with clause 24 26 Breaks 26.1 An Employee who has worked for 5 hours must be provided with an unpaid meal break of not less than 30 minutes. 26.2 Employees must be provided with a paid crib break of 10 minutes between 9.00 am and 11.00 am. 21Part 6 Rates of pay 27. Base Rates of pay 27.1 An Employee must be paid the applicable Base Rates of pay in Appendix A for their particular classification for all Ordinary Hours worked. 27 .2 All Employees engaged prior lo the commencement of this Agreement will be paid al no less than their existing Base Rate of Pay. 27.3 In accordance with section 206 of the FW Act, an Employee's Base Rate of pay must not be less than the base rate of pay (i.e. exclusive of loadings, allowances etc.) that would be payable under the Award. 28. Superannuation 28.1 The Employer will pay superannuation calculated on an Employee's ordinary time earnings into either a default fund or any fund nominated by the Employee, in accordance with the Superannuation Guarantee (Administration) Act 1992(Cth). 28.2 Superannuation contributions for default fund Employees will be made to a fund that offers a MySuper product. Cbus is the default fund. 28.3 Ordinary time earnings are the wages paid to an Employee for Ordinary Hours of work, being the Base Rates of pay set out in Appendix A, plus, where applicable: a) the Travel Allowance (clause 29); b) the Productivity Allowance (Clause 30); c) the Supervisor Allowance (Clause 33); d) casual loading (Clause 20.2; and e) the payment of RDO's. 29. Travel Allowance 29.1 The Employer will pay an Employee who is required to travel to a construction site in accordance with Appendix A. 29.2 No Travel Allowance is payable for any day on which an Employee is offered or provided with transport free-of-charge from home lo the construction site and return, or provided with a fully-maintained company vehicle. 29.3 The Travel Allowance is not subject to any loadings nor payable during any periods of leave, including RDOs. 30. Productivity Allowance 30.1 A Productivity Allowance as set out in Appendix A, will be payable lo all Employees, except Trade Assistants and Apprentices, for all hours worked. 30.2 The Productivity Allowance is not subject lo any loadings nor payable during any periods of leave and RDOs. 31. Meal Allowance 31.1 An Employee who is required to work for over (2) hours (i.e. 2 hours and 1 minute) when working overtime, will be paid as per Appendix A lo meet the cost of a meal, 22 Part 6 Rates of pay 27. Base Rates of pay 27.1 An Employee must be paid the applicable Base Rates of pay in Appendix A for their particular classification for all Ordinary Hours worked. 27.2 All Employees engaged prior to the commencement of this Agreement will be paid at no less than their existing Base Rate of Pay. 27.3 In accordance with section 206 of the FW Act, an Employee's Base Rate of pay must not be less than the base rate of pay (i.e. exclusive of loadings, allowances etc.) that would be payable under the Award. 28. Superannuation 28.1 The Employer will pay superannuation calculated on an Employee's ordinary time earnings into either a default fund or any fund nominated by the Employee, in accordance with the Superannuation Guarantee (Administration) Act 1992 (Cth). 28.2 Superannuation contributions for default fund Employees will be made to a fund that offers a MySuper product. Cbus is the default fund. 28.3 Ordinary time earnings are the wages paid to an Employee for Ordinary Hours of work, being the Base Rates of pay set out in Appendix A, plus, where applicable: a) the Travel Allowance (clause 29); b) the Productivity Allowance (Clause 30); c) the Supervisor Allowance (Clause 33); d) casual loading (Clause 20.2; and e) the payment of RDO's. 29. Travel Allowance 29.1 The Employer will pay an Employee who is required to travel to a construction site in accordance with Appendix A. 29.2 No Travel Allowance is payable for any day on which an Employee is offered or provided with transport free-of-charge from home to the construction site and return, or provided with a fully-maintained company vehicle. 29.3 The Travel Allowance is not subject to any loadings nor payable during any periods of leave, including RDOs. 30. Productivity Allowance 30.1 A Productivity Allowance as set out in Appendix A, will be payable to all Employees, except Trade Assistants and Apprentices, for all hours worked. 30.2 The Productivity Allowance is not subject to any loadings nor payable during any periods of leave and RDOs. 31. Meal Allowance 31.1 An Employee who is required to work for over (2) hours (i.e. 2 hours and 1 minute) when working overtime , will be paid as per Appendix A to meet the cost of a meal, 22plus an additional amount as per appendix A to cover the cost of a meal for each subsequent four (4) hours of overtime worked. 31.2 Where the Employer provides a meal (or meals), the Employee will not receive the allowance payable at 31.1. 32. 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, 24hr. accident and sickeness insurance with Plumbing Industry Income Protection Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid with 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. 33. Supervisor Allowance 33.1 An Employee who supervises a number of Employees will be paid the Supervisor Allowance as set out Appendix A. 34. Living Away From Home Allowance 34.1 Where an Employee is directed to perform work at a distant construction site, being a site in excess of 75 kilometres from the Canberra GPO, such work will be 'Distant Work' and they will be provided with a Living Away From Home Allowance as detailed below. 34.2 At the discretion of the Employer, for all days of absence (including weekends) the Living Away From Home Allowance can be provided as either: (a) provide the employee with reasonable board and lodging to a standard of no less than 3 star accommodation, with 2 meals daily, being breakfast and dinner, and an out of pocket allowance per day as per Appendix A; or (b) Pay an accommodation allowance per day as Appendix A, and an out of pocket allowance per day as per Appendix A, such allowances will not be counted as wages. (c) as otherwise agreed between the Employer and the Employee. 34.3 Where an Employee is directed to perform Distant Work, the Employer will pay for the Employee's transport to the distant location and for any travel time (up to eight (8) hours pay per day (including time accrued towards RDOs) at their Base Hourly Rate of Pay, in accordance with Appendix A, which will replace any entitlement to the Travel Allowance under Clause 29. 34.4 The Living Away From Home Allowance is not subject to any loadings nor payable during any periods of leave. 23 plus an additional amount as per appendix A to cover the cost of a meal for each subsequent four (4) hours of overtime worked. 31.2 Where the Employer provides a meal (or meals), the Employee will not receive the allowance payable at 31.1 32. 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, 24hr. accident and sickeness insurance with Plumbing Industry Income Protection Pty Ltd for all employees other than casuals. This policy will contain provisions that allow approved benefits to be paid with 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. 33. Supervisor Allowance 33.1 An Employee who supervises a number of Employees will be paid the Supervisor Allowance as set out Appendix A. 34. Living Away From Home Allowance 34.1 Where an Employee is directed to perform work at a distant construction site, being a site in excess of 75 kilometres from the Canberra GPO, such work will be 'Distant Work' and they will be provided with a Living Away From Home Allowance as detailed below. 34.2 At the discretion of the Employer, for all days of absence (including weekends) the Living Away From Home Allowance can be provided as either: (a) provide the employee with reasonable board and lodging to a standard of no less than 3 star accommodation, with 2 meals daily, being breakfast and dinner, and an out of pocket allowance per day as per Appendix A; or (b) Pay an accommodation allowance per day as Appendix A, and an out of pocket allowance per day as per Appendix A, such allowances will not be counted as wages. (c) as otherwise agreed between the Employer and the Employee. 34.3 Where an Employee is directed to perform Distant Work, the Employer will pay for the Employee's transport to the distant location and for any travel time (up to eight (8) hours pay per day (including time accrued towards RDOs) at their Base Hourly Rate of Pay, in accordance with Appendix A, which will replace any entitlement to the Travel Allowance under Clause 29. 34.4 The Living Away From Home Allowance is not subject to any loadings nor payable during any periods of leave. 2334.5 The Travel Allowance in clause 29 will be payable to all Employees engaged on Distant Work, except where they are accommodated on or adjacent to the construction site. 35. Payment of wages 35.1 Each Employee will be paid weekly by way of electronic funds transfer. Employees will receive an electronic pay slip on a weekly basis. 35.2 As per the NES; for paragraph 536(2)(b) of the Act, a pay slip must specify: (a) the employer's name; and (b) the employee's name; and (c) the period to which the pay slip relates; and (d) the date on which the payment to which the pay slip relates was made; and (e) the gross amount of the payment; and (f) the net amount of the payment; and (g) any amount paid to the employee that is a bonus, loading, allowance, penalty rate, incentive-based payment or other separately identifiable entitlement; and (h) on and after 1 January 2010-the Australian Business Number (if any) of the employer. (i) If an amount is deducted from the gross amount of the payment, the pay slip must also include the name, or the name and number, of the fund or account into which the deduction was paid. If the employee is paid at an hourly rate of pay, the pay slip must also include: 0) the rate of pay for the employee's ordinary hours (however described); and (k) the number of hours in that period for which the employee was employed at that rate; and (I) the amount of the payment made at that rate. (m) If the employee is paid at an annual rate of pay, the pay slip must also include the rate as at the latest date to which the payment relates. (n) If the employer is required to make superannuation contributions for the benefit of the employee, the pay slip must also include: (o) the amount of each contribution that the employer made during the period to which the pay slip relates, and the name, or the name and number, of any fund to which the contribution was made; or 24 34.5 The Travel Allowance in clause 29 will be payable to all Employees engaged on Distant Work, except where they are accommodated on or adjacent to the construction site. 35. Payment of wages 35.1 Each Employee will be paid weekly by way of electronic funds transfer. Employees will receive an electronic pay slip on a weekly basis. 35.2 As per the NES; for paragraph 536(2)(b) of the Act, a pay slip must specify: (a) the employer's name; and (b) the employee's name; and (c) the period to which the pay slip relates; and (d) the date on which the payment to which the pay slip relates was made; and (e) the gross amount of the payment; and (f) the net amount of the payment; and (g) any amount paid to the employee that is a bonus, loading, allowance, penalty rate, incentive-based payment or other separately identifiable entitlement; and (h) on and after 1 January 2010-the Australian Business Number (if any) of the employer. (1) If an amount is deducted from the gross amount of the payment, the pay slip must also include the name, or the name and number, of the fund or account into which the deduction was paid. If the employee is paid at an hourly rate of pay, the pay slip must also include: () the rate of pay for the employee's ordinary hours (however described); and (k) the number of hours in that period for which the employee was employed at that rate; and (1) the amount of the payment made at that rate. (m) If the employee is paid at an annual rate of pay, the pay slip must also include the rate as at the latest date to which the payment relates. (n) If the employer is required to make superannuation contributions for the benefit of the employee, the pay slip must also include: (o) the amount of each contribution that the employer made during the period to which the pay slip relates, and the name, or the name and number, of any fund to which the contribution was made; or 24(p) the amounts of contributions that the employer is liable to make in relation to the period to which the pay slip relates, and the name, or the name and number, of any fund to which the contributions will be made. 35.3 The following additional items will also be included on payslips: (a) balance of accrued RDO hours; and (b) accrued annual leave hours; and (c) redundancy contribution. 35.4 The Company's electronic timesheet system gives Employees secure access to their personal information, improves administration and project efficiency. The mandatory use of the system requires Employees to use their own devices and minimal data . 25 (p) the amounts of contributions that the employer is liable to make in relation to the period to which the pay slip relates, and the name, or the name and number, of any fund to which the contributions will be made. 35.3 The following additional items will also be included on payslips: (a) balance of accrued RDO hours; and (b) accrued annual leave hours; and (c) redundancy contribution. 35.4 The Company's electronic timesheet system gives Employees secure access to their personal information, improves administration and project efficiency. The mandatory use of the system requires Employees to use their own devices and minimal data . . 25Part 7 Leave 36. Definitions In this Part, as per the FW Act: Immediate family means: (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an Employee; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of an Employee. 37. Annual leave 37.1 Annual leave is provided under the NES. 37.2 An Employee (other than a Casual Employee) is entitled to up to 20 days of paid annual leave per year of Service. 37.3 Annual leave accrues during Ordinary Hours and accumulates from year-to-year. Annual leave accrues at the rate of approximately 2.923 hours per week. 37.4 Annual leave may be taken at any time agreed to between the Employer and an Employee or as directed by the Employer under clauses 37.10, 37.12 and 37.13. The Employer must not unreasonably refuse an Employee's request to take annual leave. Payment for annual leave 37.5 An Employee on annual leave must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. 37.6 An Employee on annual leave must also receive an annual leave loading, calculated at 17.5% of the Base Rates of pay. 37.7 An Employee may, at their discretion, elect when the payment for annual leave is to be received paid. The Employee may choose for annual leave to be paid in advance or as per the normal weekly pay cycle. 37.8 Where the Employee does not advise the Employer of their preferred payment option, the Employer must pay the Employee in accordance with Clause 35 or as prescribed in the FW Act, whichever is more beneficial to the Employee. Accrued annual leave on termination 37.9 On termination of employment, an Employee must be paid for any unused accrued annual leave at the rate that would have been payable had the Employee taken the leave, including the annual leave loading under clause 37.6. Direction to take annual leave - Excessive leave 37.10 If an Employee has accrued more than eight (8) weeks of annual leave, the Employer may direct the Employee to take annual leave or to cash out part of the accrued annual leave entitlement so long as the Employee would be left with at least 20 days of accrued annual leave remaining. 26 Part 7 Leave 36. Definitions In this Part, as per the FW Act: Immediate family means: (a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an Employee; or (b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of an Employee. 37. Annual leave 37.1 Annual leave is provided under the NES. 37.2 An Employee (other than a Casual Employee) is entitled to up to 20 days of paid annual leave per year of Service. 37.3 Annual leave accrues during Ordinary Hours and accumulates from year-to-year. Annual leave accrues at the rate of approximately 2.923 hours per week. 37.4 Annual leave may be taken at any time agreed to between the Employer and an Employee or as directed by the Employer under clauses 37.10, 37.12 and 37.13. The Employer must not unreasonably refuse an Employee's request to take annual leave. Payment for annual leave 37.5 An Employee on annual leave must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. 37.6 An Employee on annual leave must also receive an annual leave loading, calculated at 17.5% of the Base Rates of pay. 37.7 An Employee may, at their discretion, elect when the payment for annual leave is to be received paid. The Employee may choose for annual leave to be paid in advance or as per the normal weekly pay cycle. 37.8 Where the Employee does not advise the Employer of their preferred payment option, the Employer must pay the Employee in accordance with Clause 35 or as prescribed in the FW Act, whichever is more beneficial to the Employee. Accrued annual leave on termination 37.9 On termination of employment, an Employee must be paid for any unused accrued annual leave at the rate that would have been payable had the Employee taken the leave, including the annual leave loading under clause 37.6. Direction to take annual leave - Excessive leave 37.10 If an Employee has accrued more than eight (8) weeks of annual leave, the Employer may direct the Employee to take annual leave or to cash out part of the accrued annual leave entitlement so long as the Employee would be left with at least 20 days of accrued annual leave remaining. 2637.11 An Employee may accrue more than eight (8) weeks of annual leave with the agreement of the Employer, which shall be not unreasonably withheld. Direction lo take annual leave -Annual shut-down 37.12 The Employer may require an Employee to take annual leave and/or RDOs during an annual company shutdown in conjunction with the Christmas/New Year holiday period, where at least four (4) weeks' notice has been provided to Employees or they otheiwise agree. 37.13 If an Employee does not have sufficient accrued annual leave and/or RDOs to cover the annual shutdown, the Employee maybe directed to take any accrued annual leave and/or RDOs or otheiwise take leave without pay. Cashing-out of annual leave 37 .14 An Employee may cash-out annual leave provided that: (a) the Employee would be left with at least 20 days of accrued annual leave; (b) the Employer and Employee agree in writing to cash-out the leave; and (c) the Employee is paid the rate that would have been payable had the Employee taken the leave, including the annual leave loading under clause 37.6. Interaction with other leave 37.15 An Employee's accrued annual leave will not be debited for any days on which the Employee is entitled to paid absence for a public holiday under clause 41, is on paid personal/ carer's leave, paid compassionate leave or community service leave. 38. Personal I carer's leave and compassionate leave 38.1 Personal / carer's leave and compassionate leave is provided under the NES. Paid personal I carer's leave 38.2 An Employee (other than a Casual Employee) is entitled to up to ten (10) days of paid personal / carer's leave per year of Service. 38.3 Personal/ carer's leave accrues during Ordinary Hours and accumulates from year to year. Personal/carer's leave accrues at the rate of approximately 1.461 hours per week. 38.4 Personal / carer's leave may be taken whenever an Employee is not fit for work due to a personal illness or injury, or where a member of the Employee's household or immediate family requires care because of an illness, injury or unexpected emergency. Payment for personal I carer's leave 38.5 An Employee on paid personal / carer's leave must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. Unpaid carer's leave 38.6 Where an Employee has no accrued paid personal/carer's leave, they may take up to two (2) days of unpaid carer's leave per occasion where a member of the Employee's household or immediate family requires care because of an illness, injury or unexpected emergency. 27 37.11 An Employee may accrue more than eight (8) weeks of annual leave with the agreement of the Employer, which shall be not unreasonably withheld. Direction to take annual leave - Annual shut-down 37.12 The Employer may require an Employee to take annual leave and/or RDOs during an annual company shutdown in conjunction with the Christmas/New Year holiday period, where at least four (4) weeks' notice has been provided to Employees or they otherwise agree. 37.13 If an Employee does not have sufficient accrued annual leave and/or RDOs to cover the annual shutdown, the Employee maybe directed to take any accrued annual leave and/or RDOs or otherwise take leave without pay. Cashing-out of annual leave 37.14 An Employee may cash-out annual leave provided that: (a) the Employee would be left with at least 20 days of accrued annual leave; (b) the Employer and Employee agree in writing to cash-out the leave; and (c) the Employee is paid the rate that would have been payable had the Employee taken the leave, including the annual leave loading under clause 37.6. Interaction with other leave 37.15 An Employee's accrued annual leave will not be debited for any days on which the Employee is entitled to paid absence for a public holiday under clause 41, is on paid personal / carer's leave, paid compassionate leave or community service leave. 38. Personal / carer's leave and compassionate leave 38.1 Personal / carer's leave and compassionate leave is provided under the NES. Paid personal / carer's leave 38.2 An Employee (other than a Casual Employee) is entitled to up to ten (10) days of paid personal / carer's leave per year of Service. 38.3 Personal / carer's leave accrues during Ordinary Hours and accumulates from year to year. Personal/carer's leave accrues at the rate of approximately 1.461 hours per week. 38.4 Personal / carer's leave may be taken whenever an Employee is not fit for work due to a personal illness or injury, or where a member of the Employee's household or immediate family requires care because of an illness, injury or unexpected emergency. Payment for personal / carer's leave 38.5 An Employee on paid personal / carer's leave must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. Unpaid carer's leave 38.6 Where an Employee has no accrued paid personal/carer's leave, they may take up to two (2) days of unpaid carer's leave per occasion where a member of the Employee's household or immediate family requires care because of an illness, injury or unexpected emergency. 2738.7 Unlike paid personal I carer's leave, unpaid carer's leave is available to Casual Employees. Paid compassionate leave 38.8 An Employee (including a Casual Employee) may take up to two (2) days of compassionate leave per occasion whenever a member of the Employee's household or immediate family has contracted an illness or sustained an injury which poses a serious threat to their life, or has died. 38.9 An Employee on compassionate leave (other than a Casual Employee) must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. Notice and evidence 38.10 An Employee who is on paid personal / carer's leave, unpaid carer's leave or paid compassionate leave must give the Employer notice of their absence as soon as practicable, advising the Employer of the expected length of the leave. 38.11 The Employer may request the Employee to provide reasonable evidence that the leave was taken for a permissible reason. 38.12 Depending on the circumstances, the Employer may require an Employee to produce a medical certificate provided by a medical practitioner as defined in the FW Act (e.g. where leave is taken next to a public holiday, a weekend or for multiple days of absence) a statutory declaration or other evidence (e.g. for a single day of absence mid-week). If an Employee fails to provide reasonable evidence after being requested to do so, the Employee will not be entitled to be paid for their absence. Interaction with public holidays 38.13 An Employee's accrued paid personal / carer's leave will not be debited for any days of absence on which the Employee is entitled to paid absence for a public holiday under clause 41. 39. Family and Domestic Violence leave 39.1 Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee that: (a) seeks to coerce or control the employee; and (b) causes the employee harm or to be fearful. 39.2 A close relative of the employee is a person who: (a) is a member of the employee's immediate family; or (b) is related to the employee Aboriginal or Torres Strait Islander kinship rules. 39.3 Family and Domestic Violence Leave is provided for under the NES. 39.4 An Employee including those who are full time, part time and casual is entitled to 10 days of paid family and domestic violence leave each year. Employees can access the full amount from the day they start work. Family and domestic violence leave does not accumulate year to year and is not paid out termination of employment. 28 38.7 Unlike paid personal / carer's leave, unpaid carer's leave is available to Casual Employees. Paid compassionate leave 38.8 An Employee (including a Casual Employee) may take up to two (2) days of compassionate leave per occasion whenever a member of the Employee's household or immediate family has contracted an illness or sustained an injury which poses a serious threat to their life, or has died. 38.9 An Employee on compassionate leave (other than a Casual Employee) must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. Notice and evidence 38.10 An Employee who is on paid personal / carer's leave, unpaid carer's leave or paid compassionate leave must give the Employer notice of their absence as soon as practicable, advising the Employer of the expected length of theleave. 38.11 The Employer may request the Employee to provide reasonable evidence that the leave was taken for a permissible reason. 38.12 Depending on the circumstances, the Employer may require an Employee to produce a medical certificate provided by a medical practitioner as defined in the FW Act (e.g. where leave is taken next to a public holiday, a weekend or for multiple days of absence) a statutory declaration or other evidence (e.g. for a single day of absence mid-week). If an Employee fails to provide reasonable evidence after being requested to do so, the Employee will not be entitled to be paid for their absence. Interaction with public holidays 38.13 An Employee's accrued paid personal / carer's leave will not be debited for any days of absence on which the Employee is entitled to paid absence for a public holiday under clause 41. 39. Family and Domestic Violence leave 39.1 Family and domestic violence is violent, threatening or other abusive behaviour by a close relative of an employee that: (a) seeks to coerce or control the employee; and (b) causes the employee harm or to be fearful. 39.2 A close relative of the employee is a person who: (a) is a member of the employee's immediate family; or (b) is related to the employee Aboriginal or Torres Strait Islander kinship rules. 39.3 Family and Domestic Violence Leave is provided for under the NES. 39.4 An Employee including those who are full time, part time and casual is entitled to 10 days of paid family and domestic violence leave each year. Employees can access the full amount from the day they start work. Family and domestic violence leave does not accumulate year to year and is not paid out termination of employment. 2839.5 The employee may take paid family and domestic violence leave as: (a) a single continuous 10 day period; or (b) separate periods of one or more days each: or (c) any separate periods to which the employee and the employer agree, including periods of less than one day. 39,6 The employee may take paid family and domestic violence leave if: (a) the employee is experiencing family and domestic violence; and (b) the needs to do something to deal with the impact of family and domestic violence; and (c) it is impractical for the employee to do that thing outside the employees ordinary hours of work. Notice and evidence 39.7 An Employer can request an Employee to provide evidence to show that the leave was to deal with family and domestic violence. The type of evidence required may include documents issued by Police, a relevant Court, family violence support service documents and/or a statutory declaration. 39.8 An Employer will ensure to take all reasonably practicable steps to ensure confidentiality when dealing with an application for and evidence of leave being taken under this Clause. 39.9 An Employer, where required by law or where it is necessary to protect the life, health and/or safety of the employee or another person, may disclose information about an Employee's situation. 40. Community service leave 40.1 Community service leave is provided under the NES. 40.2 An Employee is entitled to be absent from work on community service leave where they are required to provide jury service or engage in a 'Voluntary Emergency Management Activity', as provided for in the NES. Jury service 40.3 An Employee is not entitled to be paid while on community service leave, unless they are on jury service. However, a Casual Employee on jury service is not entitled to payment. 40.4 An Employee (other than a Casual Employee) on jury service must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay, but only during their first (ten) 10 days of absence. Payment for jury service 42.5 The Employer may require an Employee to provide reasonable evidence that the Employee tried to obtain government-funded jury pay and of the amount payable or paid. 42.6 The Employer is only required to pay an Employee the difference (if any) between the Employee's Base Rates of pay and the government-funded jury pay. 29 39.5 The employee may take paid family and domestic violence leave as: (a) a single continuous 10 day period; or (b) separate periods of one or more days each: or (c) any separate periods to which the employee and the employer agree, including periods of less than one day. 39.6 The employee may take paid family and domestic violence leave if: (a) the employee is experiencing family and domestic violence; and (b) the needs to do something to deal with the impact of family and domestic violence; and (c) it is impractical for the employee to do that thing outside the employees ordinary hours of work. Notice and evidence 39.7 An Employer can request an Employee to provide evidence to show that the leave was to deal with family and domestic violence. The type of evidence required may include documents issued by Police, a relevant Court, family violence support service documents and/or a statutory declaration. 39.8 An Employer will ensure to take all reasonably practicable steps to ensure confidentiality when dealing with an application for and evidence of leave being taken under this Clause. 39.9 An Employer, where required by law or where it is necessary to protect the life, health and/or safety of the employee or another person, may disclose information about an Employee's situation. 40. Community service leave 40.1 Community service leave is provided under the NES. 40.2 An Employee is entitled to be absent from work on community service leave where they are required to provide jury service or engage in a 'Voluntary Emergency Management Activity', as provided for in the NES. Jury service 40.3 An Employee is not entitled to be paid while on community service leave, unless they are on jury service. However, a Casual Employee on jury service is not entitled to payment. 40.4 An Employee (other than a Casual Employee) on jury service must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay, but only during their first (ten) 10 days of absence. Payment for jury service 42.5 The Employer may require an Employee to provide reasonable evidence that the Employee tried to obtain government-funded jury pay and of the amount payable or paid. 42.6 The Employer is only required to pay an Employee the difference (if any) between the Employee's Base Rates of pay and the government-funded jury pay. 2942.7 If the Employee fails to provide evidence of having attempted to obtain government-funded jury pay (following a request to provide such evidence) the Employer is not required to pay the Employee for any period of jury service. 41. Public holidays 41.1 Public holiday leave is provided under the NES. 41.2 An Employee is entitled to be absent from work on a public holiday. 41.3 An Employer may request an Employee to work on a public holiday if the request is reasonable. However, an Employee may still refuse to work on a public holiday if the refusal is reasonable. 41.4 In determining whether a request is or a refusal is reasonable, relevant factors include: (a) the nature the Employer's business, including its operational requirements and project demands; (b) the Employee's personal circumstances, including family responsibilities; (c) the fact that public holiday loadings will be payable; (d) the amount of notice given by the Employer; (e) the amount of notice given by the Employee; and (f) any other relevant matter. Payment for public holidays 41.5 Employees (other than Casual Employees) who are absent on a public holiday on which the Employee would ordinarily have worked must be paid for the particular Employee's ordinary hours of work (up lo 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. Public holiday loading 41.6 An Employee who is required lo work on a public holiday must be paid their applicable Base Rates of pay, plus a loading of 150%, calculated on their Base Rates of pay and be paid for al least 4 hours work, regardless of whether there is sufficient work for that length of lime. Minimum shifts on public holidays 41.7 An Employee who is required lo work on a public holiday must be provided with al least 4 hours' worth of pay, regardless of whether there is sufficient work for that length of lime. Recognised public holidays 41.8 The following days (or any substituted days under the FW Act or the Holidays Act 1958 (ACT)) are public holidays: (a) 1 January (New Year's Day); (b) 26 January (Australia Day); (c) Canberra Day; (d) Good Friday; 30 42.7 If the Employee fails to provide evidence of having attempted to obtain government-funded jury pay (following a request to provide such evidence) the Employer is not required to pay the Employee for any period of jury service. 41. Public holidays 41.1 Public holiday leave is provided under the NES. 41.2 An Employee is entitled to be absent from work on a public holiday. 41.3 An Employer may request an Employee to work on a public holiday if the request is reasonable. However, an Employee may still refuse to work on a public holiday if the refusal is reasonable. 41.4 In determining whether a request is or a refusal is reasonable, relevant factors include: (a) the nature the Employer's business, including its operational requirements and project demands; (b) the Employee's personal circumstances, including family responsibilities; (c) the fact that public holiday loadings will be payable; (d) the amount of notice given by the Employer; (e) the amount of notice given by the Employee; and (f) any other relevant matter. Payment for public holidays 41.5 Employees (other than Casual Employees) who are absent on a public holiday on which the Employee would ordinarily have worked must be paid for the particular Employee's ordinary hours of work (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Rates of pay. Public holiday loading 41.6 An Employee who is required to work on a public holiday must be paid their applicable Base Rates of pay, plus a loading of 150%, calculated on their Base Rates of pay and be paid for at least 4 hours work, regardless of whether there is sufficient work for that length of time. Minimum shifts on public holidays 41.7 An Employee who is required to work on a public holiday must be provided with at least 4 hours' worth of pay, regardless of whether there is sufficient work for that length of time. Recognised public holidays 41.8 The following days (or any substituted days under the FW Act or the Holidays Act 1958 (ACT)) are public holidays: (a) 1 January (New Year's Day); (b) 26 January (Australia Day); (c) Canberra Day; (d) Good Friday; 30(e) Easter Saturday; (f) Easter Monday; (g) 25 April (Anzac Day); (h) Reconciliation Day (i) King's Birthday; G) Labour Day; (k) 25 December (Christmas Day); (I) 26 December (Boxing Day). Substituted public holidays 41.9 The Employer and an Employee may agree to substitute a public holiday (or part of that day) for another day or part-day. 42. Long service leave Employees will accrue long service leave in accordance with the NES and the Long Service (Portable Schemes) Act 2009 (ACT) and / or the Long Service Leave Act 1976 (ACT) and I or the Building and Construction Industry Long Service Payments Act 1986 (NSW) and / or the the Long Service Leave Act 1955 (NSW). 43. Parental leave An Employee may be entitled to parental leave in accordance with the NES and the Paid Parental Leave Act 2010 (Cth). 31 (e) Easter Saturday; (1) Easter Monday; (g) 25 April (Anzac Day); (h) Reconciliation Day (i) King's Birthday; (1) Labour Day; (k) 25 December (Christmas Day); (1) 26 December (Boxing Day). Substituted public holidays 41.9 The Employer and an Employee may agree to substitute a public holiday (or part of that day) for another day or part-day. 42. Long service leave Employees will accrue long service leave in accordance with the NES and the Long Service (Portable Schemes) Act 2009 (ACT) and / or the Long Service Leave Act 1976 (ACT) and / or the Building and Construction Industry Long Service Payments Act 1986 (NSW) and / or the the Long Service Leave Act 1955 (NSW). 43. Parental leave An Employee may be entitled to parental leave in accordance with the NES and the Paid Parental Leave Act 2010 (Cth). 31Part 8 Stand Down 44. Inclement Weather 44.1 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 36 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. 44.2 If the Manager/Supervisor considers that it is unsafe for employees to continue working or to commence work, the employer may direct employees into other areas that are unaffected by inclement weather and direct that Employees continue to work in these areas. Areas that are unaffected by inclement weather may be situated on the same site or be a different site altogether, so long as employees are not exposed to inclement weather conditions whilst carrying out work at these areas. 44.3 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 44.4 Once the meeting has occurred, the following shall apply: 44.5 Transfers If recognised that in order to relocate to other areas that are unaffected by inclement weather, employees may be exposed to inclement weather for brief periods. For the avoidance of doubt, where the employer directs the employee to continue work in areas that are unaffected by inclement weather in accordance with clause 44.2, employees may be required to move through inclement weather conditions when relocating to areas that are unaffected by inclement weather, or when boarding transport so as to relocate to these areas that are unaffected by inclement weather. 44.6 Employees may be transferred to an area or site not affected by inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site, provided: (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. 32 Part 8 Stand Down 44. Inclement Weather 44.1 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 36 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. 44.2 If the Manager/Supervisor considers that it is unsafe for employees to continue working or to commence work, the employer may direct employees into other areas that are unaffected by inclement weather and direct that Employees continue to work in these areas. Areas that are unaffected by inclement weather may be situated on the same site or be a different site altogether, so long as employees are not exposed to inclement weather conditions whilst carrying out work at these areas. 44.3 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 44.4 Once the meeting has occurred, the following shall apply: 44.5 Transfers If recognised that in order to relocate to other areas that are unaffected by inclement weather, employees may be exposed to inclement weather for brief periods. For the avoidance of doubt, where the employer directs the employee to continue work in areas that are unaffected by inclement weather in accordance with clause 44.2, employees may be required to move through inclement weather conditions when relocating to areas that are unaffected by inclement weather, or when boarding transport so as to relocate to these areas that are unaffected by inclement weather. 44.6 Employees may be transferred to an area or site not affected by inclement weather if useful work that is within the scope of the employees' skill, competence and training consistent with the classification structure of this agreement is available at that site, provided: (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. 3244.7 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. 44.8 Remaining on Site 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. 44.9 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. 44.10 Rain at Starting Time or During Breaks 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. (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. 44.11 Employees Required to Work in Inclement Weather 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. 44.12 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. 44.13 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. 44.14 Entitlements to Payments 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. 44.15 The following conditions will apply: (a) The first period will commence on the first Monday on or after the 1 33 44.7 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. 44.8 Remaining on Site 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. 44.9 Employees will be entitled to cease work and leave the site for the day and shall be paid in accordance with this clause. 44.10 Rain at Starting Time or During Breaks 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. (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. 44.11 Employees Required to Work in Inclement Weather 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. 44.12 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. 44.13 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. 44.14 Entitlements to Payments 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. 44.15 The following conditions will apply: (a) The first period will commence on the first Monday on or after the 1 33January 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. 44.16 Payment under this will be weekly. 34 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. 44.16 Payment under this will be weekly. 34Part 9 Work health and safety 45. General rights and obligations 45.1 The Employer recognises its duties under the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT) to ensure, so far as is reasonably practicable, the health and safety of Employees. 45.2 During the life of the agreement the Employer will implement an electronic workplace health and safety management system to create a safer workplace. Employees will be consulted prior to implementation. This system will ensure that Employees cannot work onsite unless they have accessed and digitally signed off WHSE documentation. The mandatory use of this system will require Employees to use their own device and minimal data. 45.3 Where an employee is required to undertake inductions after hours, they will be paid 1 hours pay. If the induction is time stamped then the employee will only be paid for the time taken to do the induction. 45.4 The right to disconnect conditions shall be observed in accordance with the Plumbing and Fire Sprinklers Award 2020. 45.5 Employees must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not risk the health and safety of other persons. 45.6 Employees must notify their immediate supervisor when they have been requested to perform tasks that they feel they lack the knowledge, experience, or ability to perform such a task in a safe manner. 45.7 Employees must comply with the work health and safety policies, procedures and practices of the Employer and any reasonable instruction of the Employer in relation to work health and safety. A failure to comply with work health and safety obligations or follow reasonable instructions in relation to work health and safety may result in disciplinary action, including summary dismissal. 45.8 Employees may cease work where they have a reasonable concern about an imminent risk to their health and safety. 45.9 When health and safety issues arise, they should be referred to the Employer's safety representative or supervisor. The supervisor shall discuss the matter with the person and the safety representative (if available) with a view to agreeing on a on a safe working procedure to minimise and eliminate where possible the risk of injury or disease. 46. Fitness for work 46.1 Given the inherently dangerous nature of construction work, Employees must be fit for work, so that they are not at risk to either themselves or others. 46.2 An Employee may be unfit for work due to a range of reasons, including but not limited to, fatigue, use of prescription drugs, illicit drugs and / or alcohol. If an Employee considers that they or any other Employee(s) are unfit for work, they must immediately notify their supervisor. 46.3 The Employer has a zero-tolerance policy in relation to sale, supply or consumption of illicit drugs and / or alcohol during work {including breaks). 35 Part 9 Work health and safety 45. General rights and obligations 45.1 The Employer recognises its duties under the Work Health and Safety Act 2011 (ACT) and the Work Health and Safety Regulation 2011 (ACT) to ensure, so far as is reasonably practicable, the health and safety of Employees. 45.2 During the life of the agreement the Employer will implement an electronic workplace health and safety management system to create a safer workplace. Employees will be consulted prior to implementation. This system will ensure that Employees cannot work onsite unless they have accessed and digitally signed off WHSE documentation. The mandatory use of this system will require Employees to use their own device and minimal data. 45.3 Where an employee is required to undertake inductions after hours, they will be paid 1 hours pay. If the induction is time stamped then the employee will only be paid for the time taken to do the induction. 45.4 The right to disconnect conditions shall be observed in accordance with the Plumbing and Fire Sprinklers Award 2020. 45.5 Employees must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not risk the health and safety of other persons. 45.6 Employees must notify their immediate supervisor when they have been requested to perform tasks that they feel they lack the knowledge, experience, or ability to perform such a task in a safe manner. 45.7 Employees must comply with the work health and safety policies, procedures and practices of the Employer and any reasonable instruction of the Employer in relation to work health and safety. A failure to comply with work health and safety obligations or follow reasonable instructions in relation to work health and safety may result in disciplinary action, including summary dismissal. 45.8 Employees may cease work where they have a reasonable concern about an imminent risk to their health and safety. 45.9 When health and safety issues arise, they should be referred to the Employer's safety representative or supervisor. The supervisor shall discuss the matter with the person and the safety representative (if available) with a view to agreeing on a on a safe working procedure to minimise and eliminate where possible the risk of injury or disease. 46. Fitness for work 46.1 Given the inherently dangerous nature of construction work, Employees must be fit for work, so that they are not at risk to either themselves or others. 46.2 An Employee may be unfit for work due to a range of reasons, including but not limited to, fatigue, use of prescription drugs, illicit drugs and / or alcohol. If an Employee considers that they or any other Employee(s) are unfit for work, they must immediately notify their supervisor. 46.3 The Employer has a zero-tolerance policy in relation to sale, supply or consumption of illicit drugs and / or alcohol during work (including breaks). 35Consumption of alcohol for company events must occur off-site. Sale, supply or consumption of illicit drugs and/ or alcohol during work (including breaks) will result in summary dismissal without notice. 46.4 The Employer may introduce mandatory drug and / or alcohol testing, following consultation with Employees. 46.5 Employees must comply with a direction from the Employer to undertake a medical assessment by a medical practitioner nominated by the Employer where the Employer considers that the employee may be unfit for work, or incapable of safely performing their duties. The Employer will pay for the medical assessment. 46.6 If the Employer reasonably believes that an Employee is unfit for work due to the reasons outlined in clause 46.2 above, to the extent that the Employee presents as a work health and safety risk to themselves or others, the Employer may direct the Employee to stand down from work until the Employee is fit to safely perform their duties. The Employee may access accrued annual leave or personal leave for the period of stand down. If the Employee has no leave accrued or is a Casual Employee, then leave without pay will be approved by the Employer. 47. Personal protective equipment 47.1 Within 152 hours worked, all new Employees will receive the following personal protective equipment (PPE): (a) Two (2) long sleeve Shirts; (b) Two (2) Pairs ofTrousers or Shorts; (c) One (1) Pair Boots; and (d) One (1) Jacket. 47.2 The Employer will replace PPE on a fair wear and tear basis as required, but Employees must take care of their PPE. A maximum of $180.00 will be the allowance every 12 months by the employer, for the replacement of protective footwear (Boots). 47.3 Where an Employee is required to wear protective clothing, other than that provided in clause 47.1, 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 such clothing and/or equipment is paid for or supplied by the Employer. 47.4 The clothing detail in Clause 47.1 may be varied following agreement between the Employer and the Employee. 4 7 .5 While at work, the Employee must have their PPE with them at all times, to be used as necessary. Where an Employee fails to bring PPE with them to work they may be stood-down without pay until they return to work with their PPE. 48. Compensation for tools and clothing 48.1 The Employer requires the employees to provide the tools listed in 5.1 Appendix A. when they commence employment. 48.2 An Employee whose clothes, spectacles, hearing aid/s or tools have been accidently spoilt by acid, sulphur or other substance/s will be paid such an amount to cover the loss, as may be agreed upon with the Employer. 48.3 An Employee will be reimbursed by the Employer to a maximum of $1335.00 for 36 Consumption of alcohol for company events must occur off-site. Sale, supply or consumption of illicit drugs and / or alcohol during work (including breaks) will result in summary dismissal without notice. 46.4 The Employer may introduce mandatory drug and / or alcohol testing, following consultation with Employees. 46.5 Employees must comply with a direction from the Employer to undertake a medical assessment by a medical practitioner nominated by the Employer where the Employer considers that the employee may be unfit for work, or incapable of safely performing their duties. The Employer will pay for the medical assessment. 46.6 If the Employer reasonably believes that an Employee is unfit for work due to the reasons outlined in clause 46.2 above, to the extent that the Employee presents as a work health and safety risk to themselves or others, the Employer may direct the Employee to stand down from work until the Employee is fit to safely perform their duties. The Employee may access accrued annual leave or personal leave for the period of stand down. If the Employee has no leave accrued or is a Casual Employee, then leave without pay will be approved by the Employer. 47. Personal protective equipment 47.1 Within 152 hours worked, all new Employees will receive the following personal protective equipment (PPE): (a) Two (2) long sleeve Shirts; (b) Two (2) Pairs of Trousers or Shorts; (c) One (1) Pair Boots; and (d) One (1) Jacket. 47.2 The Employer will replace PPE on a fair wear and tear basis as required, but Employees must take care of their PPE. A maximum of $180.00 will be the allowance every 12 months by the employer, for the replacement of protective footwear (Boots). 47.3 Where an Employee is required to wear protective clothing, other than that provided in clause 47.1, 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 such clothing and/or equipment is paid for or supplied by the Employer. 47.4 The clothing detail in Clause 47.1 may be varied following agreement between the Employer and the Employee. 47.5 While at work, the Employee must have their PPE with them at all times, to be used as necessary. Where an Employee fails to bring PPE with them to work they may be stood-down without pay until they return to work with their PPE. 48. Compensation for tools and clothing 48.1 The Employer requires the employees to provide the tools listed in 5.1 Appendix A. when they commence employment. 48.2 An Employee whose clothes, spectacles, hearing aid/s or tools have been accidently spoilt by acid, sulphur or other substance/s will be paid such an amount to cover the loss, as may be agreed upon with the Employer. 48.3 An Employee will be reimbursed by the Employer to a maximum of $1335.00 for 36loss 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 Employer's direction, or if the tools are accidently lost over water or if tools are lost or stolen during an Employee's absence after leaving the job because of injury or illness. An Employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 48.4 Where an Employee is absent from work because of illness or accident and has advised the Employer in accordance with clause 38.10, the Employer will ensure that the Employee's tools are securely stored during his/her absence. In the event where the tools of the Employee are lost or stolen whilst away from work as prescribed in this subclause, clause 48.2 will apply. 48.5 When the Employer requires the Employee to wear spectacles with toughened glass lenses, the Employer will pay for the toughening process or the cost of new lenses. 48.6 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 at Appendix A. (b) The Employee will, if required 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. 48.7 During the life of this agreement, all parties will review, edit and agree on an updated tool Summary, contained in Appendix A. This is to reflect the changing nature of the plumbing industry and tools required by employees to meet these changing needs and achieve the most effective productivity. Once an agreed Tool Summary is complete, an agreed replacement cost will be determined and reflected in the following agreement. 37 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 Employer's direction, or if the tools are accidently lost over water or if tools are lost or stolen during an Employee's absence after leaving the job because of injury or illness. An Employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss. 48.4 Where an Employee is absent from work because of illness or accident and has advised the Employer in accordance with clause 38.10, the Employer will ensure that the Employee's tools are securely stored during his/her absence. In the event where the tools of the Employee are lost or stolen whilst away from work as prescribed in this subclause, clause 48.2 will apply. 48.5 When the Employer requires the Employee to wear spectacles with toughened glass lenses, the Employer will pay for the toughening process or the cost of new lenses. 48.6 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 at Appendix A. (b) The Employee will, if required 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. 48.7 During the life of this agreement, all parties will review, edit and agree on an updated tool Summary, contained in Appendix A. This is to reflect the changing nature of the plumbing industry and tools required by employees to meet these changing needs and achieve the most effective productivity. Once an agreed Tool Summary is complete, an agreed replacement cost will be determined and reflected in the following agreement. 37Part 10 Training 49. Training 49.1 The Employer encourages Employees to undertake vocational education and to seek formal recognition of their skills, including by way of recognising prior learning. 49.2 Where a written application is made by an Employee to undertake vocational education relevant to their role, subject to the approval of the Employer, Employees will be provided with paid leave to attend training. 49.3 For approved training, Employees must be paid for time spent training (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. 38 Part 10 Training 49. Training 49.1 The Employer encourages Employees to undertake vocational education and to seek formal recognition of their skills, including by way of recognising prior learning. 49.2 Where a written application is made by an Employee to undertake vocational education relevant to their role, subject to the approval of the Employer, Employees will be provided with paid leave to attend training. 49.3 For approved training, Employees must be paid for time spent training (up to 8 hours per day, inclusive of 0.4 hours accruing towards an RDO) at their applicable Base Hourly Rate of Pay. 38Part 11 Termination of employment 50. Notice of termination 50.1 Notice of termination is provided under the NES. The notice provisions of the NES do not apply to a daily hire employee. 50.2 The notice of termination required to be given by an Employee is the same as that required of an Employer. 50.3 One day's notice of termination will be given by a daily hire Employee or the Employer or one day's pay must be paid or forfeited. 50.4 Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work. 50.5 Nothing in this clause will affect the right of an Employer to dismiss an Employee without notice for misconduct or refusing duty. 50.6 All Employees covered under this Agreement are classified as "daily hire" Employees, except Apprentices and Casual Employees. Employee termination 50.7 Where an Employee terminates their employment, they must provide the required notice. Where the Employee fails to provide the required period of notice, the Employer may withhold from any monies due to the Employee an amount up to that which would have been payable to the Employee for the period of notice which the Employee failed to provide, had they worked Ordinary Hours during that period. Actions on termination 50.8 Upon termination, Employees must return all company property, including but not limited to, vehicles, mobile phones and PPE. 51. Redundancy pay 51.1 Redundancy pay is provided under the NES. Entitlement to redundancy pay 51.2 An Employee is entitled to be paid redundancy pay by the Employer if the Employee's employment is terminated: (a) at the Employer's initiative because the Employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or (b) because of the insolvency or bankruptcy of the Employer. Amount of redundancy pay 51.3 The amount of the redundancy pay equals the total amount payable to the Employee for the redundancy pay period worked out using the following table at the Employee's Base Hourly Rate of Pay for his or her ordinary hours of work. 39 Part 11 Termination of employment 50. Notice of termination 50.1 Notice of termination is provided under the NES. The notice provisions of the NES do not apply to a daily hire employee. 50.2 The notice of termination required to be given by an Employee is the same as that required of an Employer. 50.3 One day's notice of termination will be given by a daily hire Employee or the Employer or one day's pay must be paid or forfeited. 50.4 Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day's work. 50.5 Nothing in this clause will affect the right of an Employer to dismiss an Employee without notice for misconduct or refusing duty. 50.6 All Employees covered under this Agreement are classified as "daily hire" Employees, except Apprentices and Casual Employees. Employee termination 50.7 Where an Employee terminates their employment, they must provide the required notice. Where the Employee fails to provide the required period of notice, the Employer may withhold from any monies due to the Employee an amount up to that which would have been payable to the Employee for the period of notice which the Employee failed to provide, had they worked Ordinary Hours during that period. Actions on termination 50.8 Upon termination, Employees must return all company property, including but not limited to, vehicles, mobile phones and PPE. 51. Redundancy pay 51.1 Redundancy pay is provided under the NES. Entitlement to redundancy pay 51.2 An Employee is entitled to be paid redundancy pay by the Employer if the Employee's employment is terminated: (a) at the Employer's initiative because the Employer no longer requires the job done by the employee to be done by anyone, except where this is due to the ordinary and customary turnover of labour; or (b) because of the insolvency or bankruptcy of the Employer. Amount of redundancy pay 51.3 The amount of the redundancy pay equals the total amount payable to the Employee for the redundancy pay period worked out using the following table at the Employee's Base Hourly Rate of Pay for his or her ordinary hours of work. 39Redundancy pay period Employee's period of continuous service Redundancy with the employer on termination pay period At least 1 year but less than 2 years 4 weeks 2 At least 2 years but less than 3 years 6 weeks 3 Al least 3 years but less than 4 years 7 weeks 4 Al least 4 years but less than 5 years 8 weeks 5 At least 5 years but less than 6 years 10 weeks 6 At least 6 years but less than 7 years 11 weeks 7 At least 7 years but less than 8 years 13 weeks 8 At least 8 years but less than 9 years 14 weeks 9 At least 9 years but less than 1 O years 16 weeks 10 At least 1 O years 12 weeks 51.4 Casual Employees and Apprentices are not entitled to redundancy pay. 51.5 In accordance with Appendix A the Employer will contribute weekly to a redundancy trust and a Top-Up accident insurance policy for eligible employees. 51.6 The employer will pay into the ATO Approved Worker Entitlement redundancy funds (under the Fringe Benefits Tax Assessment Act 1986), with contributions paid into the Plumbing And Pipe Trades Entitlement Fund. 51.7 An Employer may offset an Employees redundancy pay entitlement in whole or in part through its contributions to a redundancy pay scheme. 51.8 If a member of the fund who is covered under this agreement becomes redundant (as defined by the Trust Deed), they are entitled to be paid the benefit of the accumulated employer contribution in their Member Account, less any applicable tax that may be required to be deducted by law. 40 Redundancy pay period Employee's period of continuous service Redundancy with the employer on termination pay period 1 At least 1 year but less than 2 years 4 weeks 2 At least 2 years but less than 3 years 6 weeks 3 At least 3 years but less than 4 years 7 weeks 4 At least 4 years but less than 5 years 8 weeks 5 At least 5 years but less than 6 years 10 weeks 6 At least 6 years but less than 7 years 11 weeks 7 At least 7 years but less than 8 years 13 weeks 8 At least 8 years but less than 9 years 14 weeks 9 At least 9 years but less than 10 years 16 weeks 10 At least 10 years 12 weeks 51.4 Casual Employees and Apprentices are not entitled to redundancy pay. 51.5 In accordance with Appendix A the Employer will contribute weekly to a redundancy trust and a Top-Up accident insurance policy for eligible employees. 51.6 The employer will pay into the ATO Approved Worker Entitlement redundancy funds (under the Fringe Benefits Tax Assessment Act 1986), with contributions paid into the Plumbing And Pipe Trades Entitlement Fund. 51.7 An Employer may offset an Employees redundancy pay entitlement in whole or in part through its contributions to a redundancy pay scheme. 51.8 If a member of the fund who is covered under this agreement becomes redundant (as defined by the Trust Deed), they are entitled to be paid the benefit of the accumulated employer contribution in their Member Account, less any applicable tax that may be required to be deducted by law. 40Signatories to Agreement The persons below sign this Agreement in accordance with section 185(5) of the FW Act and regulation 2.06A of the Fair Work Regulations 2009 (Cth). On behalf of the Employer ~- Name: Cameron Zerner Capacity to sign: General Manager Address: 23-27 Bedford Street, Queanbeyan, NSW, 2620 Date: 05/03/2025 On behalf of the CEPU Of Australia Plumbing Division NSW Branch , C Name: 7t-,e.o . '3::,rv, ov +-z_o f"""I O ~ Capacity to sign: -sfctk "S-ec.v-~ \ Address: St,op !/11 I w,c. fvol 5./-- / Date: 'J / O '3 / r.,() 'l, 1- 41 Signatories to Agreement The persons below sign this Agreement in accordance with section 185(5) of the FW Act and regulation 2.06A of the Fair Work Regulations 2009 (Cth). On behalf of the Employer Name: Cameron Zerner Capacity to sign: General Manager Address: 23-27 Bedford Street, Queanbeyan, NSW, 2620 Date: 05/03/2025 On behalf of the CEPU Of Australia Plumbing Division NSW Branch Name: Theo. Samatroparios Capacity to sign: State Secretary, Address: Shop 1/111 MCEVoy St, Alexandria, NSW Date: 5/03/2025 415. Tool Summary 5.1 The Employer requires the employees to provide the following tools when they commence employment: 1 x pair 225mm footprints 1 x pair 225mm stillsons 1 x pair 450mm stillsons 1 x pair 250mm vice grips 1 x pair 225mm multigrips 1 x pair 250mm pincers 1 x pair 300mm straight snips 1 x pair 175mm curved snips 1 x pair left hand wiss snips 1 x pair right wiss snips 1 x pair pop rivet gun 1 x pair 200mm dividers 1 x pair 15mm copper tube benders 1 x set Allen keys- 1-10mm (metric & imperial) 1 x set ratchet socket wrench 6-25mm or 1 x set open end/ring spanners 6- 25mm 1 x screwdriver 200mm phillips 1 x screwdriver 150mm phillips 1 x screwdriver 300mm slotted 1 x screwdriver 200mm slotted 1 x socket set (up to 25mm) 1 x ½ benders 1 x claw hammer 20oz 1 x trap wrench 1 x lump hammer 4LB 1 x bevel square 250mm 1 x square set 300mm 1 x 600 level 1 x 1200 level 1 x bricklayers string line 1 x chalk line 1 x plumbob 1 x 25mm wood chisel 1 x silicon gun 1 x 150mm crescent shifting spanner 1 x 300mm crescent shifting spanner 1 x 250mm rasp and handle 1 x 250mm half round file and handle 1 x hacksaw Sandvik 225 1 x junior hacksaw 1 x tube cutter 3-32mm 1 x tapered bent pin 1 x pointing towel 1 x basin spanner 1 x strap wrench 1 x centre punch 1 x prick punch 1 x nail bag 1 x tool box or carry all or equivalent 1 x plugging chisel 1 x 13mm cold chisel 1 x 25mm cold chisel 1 x Stanley knife 1 x flint gun 1 x oxygen key 1 x 8 metre measuring tape 1 hand wood saw 660mm per year (replaced by Employer on fair wear and tear basis) 1 x PVC conduit cutters 1 x wire brush 1 x trade quality drill with battery and charger (min 18v) 1 x 4 way laser (calibrated) 46 5. Tool Summary 5.1 The Employer requires the employees to provide the following tools when they commence employment: 1 x pair 225mm footprints 1 x 25mm wood chisel 1 x pair 225mm stillsons 1 x silicon gun 1 x pair 450mm stillsons 1 x 150mm crescent shifting spanner 1 x pair 250mm vice grips 1 x 300mm crescent shifting spanner 1 x pair 225mm multigrips 1 x 250mm rasp and handle 1 x pair 250mm pincers 1 x 250mm half round file and handle 1 x pair 300mm straight snips 1 x hacksaw Sandvik 225 1 x pair 175mm curved snips 1 x junior hacksaw 1 x pair left hand wiss snips 1 x tube cutter 3-32mm 1 x pair right wiss snips 1 x tapered bent pin 1 x pair pop rivet gun 1 x pointing towel 1 x pair 200mm dividers 1 x basin spanner 1 x pair 15mm copper tube benders 1 x strap wrench 1 x set Allen keys - 1-10mm (metric & imperial) 1 x centre punch 1 x set ratchet socket wrench 6-25mm or 1 x set open- 1 x prick punch end/ring spanners 6- 25mm 1 x screwdriver 200mm phillips 1 x nail bag 1 x screwdriver 150mm phillips 1 x tool box or carry all or equivalent 1 x screwdriver 300mm slotted 1 x plugging chisel 1 x screwdriver 200mm slotted 1 x 13mm cold chisel 1 x socket set (up to 25mm) 1 x 25mm cold chisel 1 x 1/2 benders 1 x Stanley knife 1 x claw hammer 20oz 1 x flint gun 1 x trap wrench 1 x oxygen key 1 x lump hammer 4LB 1 x 8 metre measuring tape 1 x bevel square 250mm 1 hand wood saw 660mm per year (replaced by Employer on fair wear and tear basis) 1 x square set 300mm 1 x PVC conduit cutters 1 x 600 level 1 x wire brush 1 x 1200 level 1 x trade quality drill with battery and charger (min 18v) 1 x bricklayers string line 1 x 4 way laser (calibrated) 1 x chalk line 1 x plumbob 466. RDO Calendars 6.1 RDO Calendar 2025: 1st January Public Holiday (New Year's Day) 2"' January RDO 27~ January Public Holiday (Australia Day) 11 th March RDO 10th March Public Holiday (Canberra Day) 1 sth April Public Holiday (Good Friday) 19th April Public Holiday (Easter Saturday) 20th April Public Holiday (Easter Sunday) 21 st April Public Holiday (Easter Monday) 22"' April RDO 23'' April RDO 24th April RDO 25th April Public Holiday (Anzac Day) 2"' June Public Holiday (Reconciliation Day) 9th June Public Holiday (King's Birthday) 10th June RDO 7~ July RDO 4th August RDO sth September RDO 6th October Public Holidays (Labour Day) 7th October RDO 10th November RDO 23'' December RDO 24th December RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December Public Holiday (substitute Day) 47 6. RDO Calendars 6.1 RDO Calendar 2025: 1st January Public Holiday (New Year's Day) 2nd January RDO 27th January Public Holiday (Australia Day) 11th March RDO 10th March Public Holiday (Canberra Day) 18th April Public Holiday (Good Friday) 19th April Public Holiday (Easter Saturday) 20th April Public Holiday (Easter Sunday) 21st April Public Holiday (Easter Monday) 22nd April RDO 23rd April RDO 24th April RDO 25th April Public Holiday (Anzac Day) 2nd June Public Holiday (Reconciliation Day) 9th June Public Holiday (King's Birthday) 10th June RDO 7th July RDO 4th August RDO 8th September RDO 6th October Public Holidays (Labour Day) 7th October RDO 10th November RDO 23rd December RDO 24th December RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December Public Holiday (substitute Day) 476.2 RDO Calendar 2026: 1st January Public Holiday (New Year's Day) 26thJanuary Public Holiday (Australia Day) 23'' January RDO 23'' February RDO 9th March Public Holiday (Canberra Day) 6th March RDO 3'' April Public Holiday (Good Friday) 4th April Public Holiday (Easter Saturday) 5th April Public Holiday (Easter Sunday) 6th April Public Holiday (Easter Monday) 7th April RDO 24th April RDO 25th April Public Holiday (Anzac Day) 29th May RDO 1st June Public Holiday (Reconciliation Day) 5th June RDO 8th June Public Holiday (King's Birthday) 27th July RDO 24th August RDO 28th September RDO 2'' October RDO 5th October Public Holiday (labour Day) 23'' November RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 28th December Public Holiday (Boxing Day Public Holiday) 29th December RDO 48 6.2 RDO Calendar 2026 1st January Public Holiday (New Year's Day) 26thJanuary Public Holiday (Australia Day) 23rd January RDO 23rd February RDO 9th March Public Holiday (Canberra Day) 6th March RDO 3rd April Public Holiday (Good Friday) 4th April Public Holiday (Easter Saturday) 5th April Public Holiday (Easter Sunday) 6th April Public Holiday (Easter Monday) 7th April RDO 24th April RDO 25th April Public Holiday (Anzac Day) 29th May RDO 1st June Public Holiday (Reconciliation Day) 5th June RDO 8th June Public Holiday (King's Birthday) 27th July RDO 24th August RDO 28th September RDO 2nd October RDO 5th October Public Holiday (Labour Day) 23rd November RDC 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 28th December Public Holiday (Boxing Day Public Holiday) 29th December RDO 48Appendix A 1. Classification of Employees Employees will be classified by the Employer according to their skills, experience and qualifications, against the criteria indicated in the occupations descriptions in the table below and clause 2 of this Agreement. 2. Rates of pay 2.1 For hours worked, the Base Hourly Rate of Pay for an Employee, Productivity Allowance (other than Apprentices and Trades Assistants), Travel Allowance, Supervisor Allowance (where applicable), Meal Allowance and Personal Accident Insurance as indicated in the table below and in 3.1: Classification Criteria Ref Base Hourly Base Houri: Base Hourly Base Hourly Clause Rate of Pay Rate of Pay • Rate of Pay Rate of Pay from from from from 1 July 2024 1 July2025 1 July2026 1 July2027 Sanitary 2.1 $42.84 $45.41 $48.13 $51.49 Plumber/Advanced Sanitary Drainer, Gasfitter on Construction*, ** Journeyperson 2.1 $42.84 $45.41 $48.13 $51.49 Plumber I Journeyperson Drainer*, ** Operative 2.1 $30.99 $32.84 $34.81 $37.24 Drainer*, ** Plant Operator/Trade, 2.1 $35.51 $37.64 $39.89 $42.68 Assistant Trades Assistant 2.1 $30.04 $31.84 $33.75 $36.11 * Note: An Employee cannot be classified as an Operative Drainer, Journeyperson Drainer, Advanced Drainer, Journeyperson Plumber or Advanced Plumber unless they are able to undertake such work in accordance with the Construction Occupations (Licensing) Act 2004 (ACT) and Construction Occupations (Licensing) Regulation 2004 (ACT) (as amended from time-to-time) and any succeeding legislation. A current licence must be maintained, and evidence of currency provided to the Employer. 2.2 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. 2 .3 Any Employees engaged by the Employer prior to the commencement of the Agreement shall, retain their ordinary hours of work and allowances associated with their ordinary hours of work. 2.4 If any Employee engaged by the Employer prior to the commencement of this Agreement ceases to be an Employee and is subsequently re-engaged by the Employer within twelve (12) months, that Employee shall be employed on the same Base Hourly Rate of Pay and Allowances, plus any subsequent pay increases, as applicable prior to ceasing employment. 42 Appendix A 1. Classification of Employees Employees will be classified by the Employer according to their skills, experience and qualifications, against the criteria indicated in the occupations descriptions in the table below and clause 2 of this Agreement. 2. Rates of pay 2.1 For hours worked, the Base Hourly Rate of Pay for an Employee, Productivity Allowance (other than Apprentices and Trades Assistants), Travel Allowance, Supervisor Allowance (where applicable), Meal Allowance and Personal Accident Insurance as indicated in the table below and in 3.1: Classification Criteria Ref Clause Base Hourly |Base Hourly Base Hourly Base Hourly Rate of Pay Rate of Pay Rate of Pay Rate of Pay from from from from 1 July 2024 1 July 2025 1 July 2026 1 July 2027 Sanitary 2.1 $42.84 $45.41 $48.13 $51.49 Plumber/Advanced Sanitary Drainer, Gasfitter on Construction *, ** Journeyperson 2. $42.84 $45.41 $48.13 $51.49 Plumber 1 Journeyperson Drainer* ** Operative 2. $30.99 $32.84 $34.81 $37.24 Drainer* ** Plant Operator/Trades 2.1 $35.51 $37.64 $39.89 $42.68 Assistant Trades Assistant 2.1 $30.04 $31.84 $33.75 $36.11 * Note: An Employee cannot be classified as an Operative Drainer, Journeyperson Drainer, Advanced Drainer, Journeyperson Plumber or Advanced Plumber unless they are able to undertake such work in accordance with the Construction Occupations (Licensing) Act 2004 (ACT) and Construction Occupations (Licensing) Regulation 2004 (ACT) (as amended from time-to-time) and any succeeding legislation. A current licence must be maintained, and evidence of currency provided to the Employer. 2.2 For the avoidance of doubt, this Agreement would still apply where a common law contract of employment is made. 2.3 Any Employees engaged by the Employer prior to the commencement of the Agreement shall, retain their ordinary hours of work and allowances associated with their ordinary hours of work. 2.4 If any Employee engaged by the Employer prior to the commencement of this Agreement ceases to be an Employee and is subsequently re-engaged by the Employer within twelve (12) months, that Employee shall be employed on the same Base Hourly Rate of Pay and Allowances, plus any subsequent pay increases, as applicable prior to ceasing employment. 42Junior Apprentice Rates 2.5 For hours worked, the Base Hourly Rates of Pay for Junior Apprentices are as indicated in the table below. Stage 1 $19.37 $20.53 $21.76 $23.28 Stage 2 $22.12 $23.44 $24.84 $26.57 Stage 3 $23.50 $24.91 $26.40 $28.24 Stage 4 $29.00 $30.74 $32.58 $34.86 Adult Apprentice Rates 2.6 For hours worked, the Base Hourly Rates of Pay for Adult Apprentices are as indicated in the table below. Base Hourly Base Hourly Base Hourly Base Hourly Rate of Pay Rate of Pay Rate of Pay Rate of Pay from from from from 1 July 2024 1 July 2025 1 July 2026 1 July 2027 . . Stage 1 $27.35 $28.99 $30.72 $32.87 Stage 2 $27.35 $28.99 $30.72 $32.87 Stage 3 $27.35 $28.99 $30.72 $32.87 Stage 4 $29.00 $30.74 $32.58 $34.86 43 Junior Apprentice Rates 2.5 For hours worked, the Base Hourly Rates of Pay for Junior Apprentices are as indicated in the table below Base Rate Hourly | Base Hourly Rate Base Hourly Rate Base Hourly of Pay of Pay of Pay Rate of Pay from from from from 1 July 2024 1 July 2025 1 July 2026 1 July 2027 Stage 1 $19.37 $20.53 $21.76 $23.28 Stage 2 $22.12 $23.44 $24.84 $26.57 Stage 3 $23.50 $24.91 $26.40 $28.24 Stage 4 $29.00 $30.74 $32.58 $34.86 Adult Apprentice Rates 2.6 For hours worked, the Base Hourly Rates of Pay for Adult Apprentices are as indicated in the table below. Base Hourly | Base Hourly Base Hourly Base Hourly Rate of Pay Rate of Pay Rate of Pay Rate of Pay from from from from 1 July 2024 1 July 2025 1 July 2026 1 July 2027 Stage 1 $27.35 $28.99 $30.72 $32.87 Stage 2 $27.35 $28.99 $30.72 $32.87 Stage 3 $27.35 $28.99 $30.72 $32.87 Stage 4 $29.00 $30.74 $32.58 $34.86 433. Allowance summary 3.1 The following allowance may also be payable in addition to the Base Hourly Rate of Pay indicated in item 2.1 of Appendix A: Allowance payable Ref Clause Amount Frequency . pavable . Travel Allowance 29 $25.00 Per day $27.50 from 1 July 2026 $30.00 from 1 Julv 2027 Travel Allowance for Apprentices 29 Pro-rata Per day Stage 1 $11.30 $12.43 from 1 July 2026 $13.56 from July 2027 Stage 2 $12.91 $14.19 from 1 July 2026 $15.48 from 1 July 2027 Stage 3 $13.72 $15.09 from 1July 2026 $16.47 from 1July 2027 Stage 4 $16.92 $18.34 from 1 July 2026 $20.31 from 1 July 2027 Mature Age Stage 1-3 $15.96 $17.54 from 1 July 2026 $19.14 from 1 July 2027 Mature Age Stage 4 $16.92 $18.34 from 1 July 2026 $20.31 from 1 July 2027 Productivity Allowance 30 $5.20 Per hour (excluding Trades Assistants and Apprentices) $5.70 from 1 July 2026 $6.20 from 1 July 2027 44 3. Allowance summary 3.1 The following allowance may also be payable in addition to the Base Hourly Rate of Pay indicated in item 2.1 of Appendix A: Allowance payable Ref Clause Amount Frequency Travel Allowance payable 29 $25.00 Per day $27.50 from 1 July 2026 $30.00 from 1 July 2027 Travel Allowance for Apprentices 29 Pro-rata Per day Stage 1 $11.30 $12.43 from 1 July 2026 $13.56 from July 2027 Stage 2 $12.91 $14.19 from 1 July 2026 $15.48 from 1 July 2027 Stage 3 $13.72 $15.09 from 1 July 2026 $16.47 from 1July 2027 Stage 4 $16.92 $18.34 from 1 July 2026 $20.31 from 1 July 2027 Mature Age Stage 1-3 $15.96 $17.54 from 1 July 2026 $19.14 from 1 July 2027 Mature Age Stage 4 $16.92 $18.34 from 1 July 2026 $20.31 from 1 July 2027 Productivity Allowance 30 $5.20 Per hour (excluding Trades Assistants and Apprentices) $5.70 from 1 July 2026 $6.20 from 1 July 2027 44Supervisor Allowance 33 • 2-5 employees $33.60 Per week • 6-10 employees $43.00 • 11 + employees $92.91 Meal Allowance 31 $16.56 Per occasion Out of pocket allowance 34.2(a) $50.00 Per day Out of pocket allowance 34.2(b) $50.00 Per day Pay and accommodation 34.2(b) $150.00 Per day allowance Top Up Insurance 32 $26.00 Per week Redundancy Fund 51 $120.00 Per week Superannuation 28 Per week Per week 4. Loadings summary 4.1 The Base Rates of pay indicated in item 2 of Appendix A above may also be subject to the following loadings: Overtime loadings Loading Clause Monday to Friday: first 2 hours 50% 24.5 Monday to Friday: more than 2 hours 100% 24.5 Weekend loadings Loading Clause Saturday: all hours 100% 24.5 Sunday: all hours 100% 24.5 Public holiday loadings Loading Clause Public holiday 150% 41.6 45 Supervisor Allowance 33 2-5 employees $33.60 Per week 6-10 employees $43.00 . 11+ employees $92.91 Meal Allowance 31 $16.56 Per occasion Out of pocket allowance 34.2(a) $50.00 Per day Out of pocket allowance 34.2(b) $50.00 Per day Pay and accommodation 34.2(b) $150.00 Per day allowance Top Up Insurance 32 $26.00 Per week Redundancy Fund 51 $120.00 Per week Superannuation 28 Per week Per week 4. Loadings summary 4.1 The Base Rates of pay indicated in item 2 of Appendix A above may also be subject to the following loadings: Overtime loadings Loading Clause Monday to Friday: first 2 hours 50% 24.5 Monday to Friday: more than 2 hours 100% 24. Weekend loadings Loading Clause Saturday: all hours 100% 24.5 Sunday: all hours 100% 24.5 Public holiday loadings Loading Clause Public holiday 150% 41.6 456.3 RDO Calendar 2027: 1 st January Public Holiday (New Year's Day) 25th January RDO 26th January Public Holiday (Australia Day) 22°' February RDO 8th March Public Holiday (Canberra Day) 5th March RDO 26th March Public Holiday (Good Friday) 27th March Public Holiday (Easter Saturday) 28th March Public Holiday (Easter Sunday) 29th March Public Holiday (Easter Monday) 30th March RDO 23'' April RDO 26th April Public Holiday (Anzac Day) 28th May RDO 31 st May Public Holiday (Reconciliation Day) 14th June Public Holiday (King's Birthday) 11 th June RDO 26th July RDO 23'' August RDO 20th September RDO 4th October Public Holiday (Labour Day) 1'1 October RDO 22"' November RDO 24th December RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December Public Holiday (Christmas Day) 28th December Public Holiday (Boxing Day) 49 6.3 RDO Calendar 2027: 1st January Public Holiday (New Year's Day) 25th January RDO 26th January Public Holiday (Australia Day) 22nd February RDO 8th March Public Holiday (Canberra Day) 5th March RDO 26th March Public Holiday (Good Friday) 27th March Public Holiday (Easter Saturday) 28th March Public Holiday (Easter Sunday) 29th March Public Holiday (Easter Monday) 30th March RDO 23rd April RDO 26th April Public Holiday (Anzac Day) 28th May RDO 31st May Public Holiday (Reconciliation Day) 14th June Public Holiday (King's Birthday) 11th June RDO 26th July RDO 23rd August RDO 20th September RDO 4th October Public Holiday (Labour Day) 1st October RDO 22nd November RDO 24th December RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December Public Holiday (Christmas Day) 28th December Public Holiday (Boxing Day) 496.4 RDO Calendar 2028: 1st January Public Holiday (New Year's Day) 26th January Public Holiday (Australia Day) 271h January RDO 28th February RDO 10th March RDO 13th March Public Holiday (Canberra Day) 14th April Public Holiday (Good Friday) 15th April Public Holiday (Easter Saturday) 16th April Public Holiday (Easter Sunday) 171h April Public Holiday (Easter Monday) 181h April RDO 24th April RDO 251h April Public Holiday (Anzac Day) 29th May Public Holiday (Reconciliation Day) 30th May RDO 9th June RDO 12th June Public Holiday (King's Birthday) 17th July RDO 21 st August RDO 29th September RDO 2"' October Public Holiday (Labour Day) 23'' October RDO 20th November RDO 25th December Public Holiday (Christmas Day) 261h December Public Holiday (Boxing Day) 27th December RDO 50 6.4 RDO Calendar 2028: 1st January Public Holiday (New Year's Day) 26th January Public Holiday (Australia Day) 27th January RDO 28th February RDO 10th March RDO 13th March Public Holiday (Canberra Day) 14th April Public Holiday (Good Friday) 15th April Public Holiday (Easter Saturday) 16th April Public Holiday (Easter Sunday) 17th April Public Holiday (Easter Monday) 18th April RDO 24th April RDO 25th April Public Holiday (Anzac Day) 29th May Public Holiday (Reconciliation Day) 30th May RDO 9th June RDO 12th June Public Holiday (King's Birthday) 17th July RDO 21st August RDO 29th September RDO 2nd October Public Holiday (Labour Day) 231ª October RDO 20th November RDO 25th December Public Holiday (Christmas Day) 26th December Public Holiday (Boxing Day) 27th December RDO 501 IN THE FAIR WORK COMMISSION FWC Matter No.: AG2025/572 Section 185 – Application for approval of a single enterprise agreement Undertaking- Section 190 I, Cameron Zerner, General Manager for CAPITAL MAINTENANCE SOLUTIONS PTY LTD give the following undertakings with respect to the CAPITAL MAINTENANCE SOLUTIONS PTY LTD & Plumbing and Pipe Trades Employees Union Enterprise Agreement 2024-2028 ("the Agreement"): 1. I have the authority given to me by CAPITAL MAINTENANCE SOLUTIONS PTY LTD to provide this undertaking in relation to the application before the Fair Work Commission. 2. The National Employment Standards (NES) apply to all employees as a minimum standard. Where there is an inconsistency between the NES and a clause of this agreement, the NES will apply and the clause of the agreement will not apply, except to the extent that the clause of the agreement provides for a more beneficial outcome for employees than the NES. 3. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission. ____________________________ Signature ____________________________ DateCameron Image Cameron Text Box 18.03.2025