Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error

Residual variations
(AM2022/15)

PLUMBING AND FIRE SPRINKLERS AWARD 2020
[MA000036]

Section 160 of the Fair Work Act 2009 (Cth) – variation on the Commission’s own motion – residual variations – Plumbing and Fire Sprinklers Award 2020.

A. Further to the decision issued by the Full Bench on 8 July 2022 [[2022] FWCFB 119], the above award is varied as follows:

1. By deleting the definition of ‘ordinary hourly rate’ appearing in clause 2 and inserting the following:

Ordinary hourly rate means the minimum weekly rate for the employee’s classification specified in clause 18—Minimum rates, plus any allowances specified as payable for all purposes, divided by 38.

2. By deleting the word “a” appearing before “RDO” in clause 15.5(a)(i) and inserting “an”.

3. By deleting clause 21.3(e)(v) and inserting the following:

(v) For the purposes of clause 21.3(e), the sprinkler fitting trade allowance has been structured to substitute for the following types of work:

•  Handling insulation material;

•  Use of explosive powered tools;

•  Using toxic substances;

•  Working in close proximity to employees engaged in using toxic substances;

•  Working where fumes are present;

•  Asbestos work requiring use of materials containing asbestos or work in close proximity to employees using such materials.

4. By deleting the word “themself” appearing in clause 21.10(d)(ii) and inserting “themselves”.

5. By deleting the words “ordinary hourly hourly rate” appearing in the table header in clause D.1.7 and inserting “ordinary hourly rate”.

6. By deleting the first header row of the table appearing in clause E.1.3(c).

7. By deleting the first header row of the table appearing in clause E.2.3(c).

B. This determination comes into operation on 11 July 2022. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 11 July 2022.

PRESIDENT

Printed by authority of the Commonwealth Government Printer