Plumbing Trades Employees Union

2.1 This Agreement shall be binding upon the (the enterprise) in respect of employees engaged in the industry of the occupations, businesses or enterprises of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning or ventilation plumbers, irrigation installer, Plumber’s Labourers, engaged on site or in construction work (as defined) and the CEPU (Plumbing Division) Victorian Branch. This Agreement recognises the CEPU as a legitimate representative of the employees covered by this Agreement.

2.2 The terms and conditions of this agreement apply to employees employed by the enterprise in Victoria who are engaged in the industry of the occupations, businesses or enterprises of plumbers, gasfitters, roof plumbers, lead burners, ship plumbers and heating, air conditioning or ventilation plumbers, irrigation installer, Plumber’s Labourers, engaged on site or in construction work (as defined) who are employed or usually employed in the plumbing industry in executing any plumbing, gasfitting, pipe fitting or domestic engineering work, whether prefabricated or not, or who execute any work in or in connection with:

Sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by plumbers;
Lead, wrought, cast or sheet iron, copper, brass or other classes of pipework;
Water (hot or cold), steam, gas, air vacuum, heating or ventilating appliances, fittings, services or installations;
House, ship, sanitary, chemical or general plumbing or drainage.

The terms of this agreement will not apply to:

The employment of sprinkler fitters by an employer respondent to the Sprinkler Pipe Fitters Award;
To employees principally engaged in installing automatic fire protection systems; or
To the employment of weekly engaged employees fully employed in workshops off site by employers respondent to the Metal Engineering and Associated Industries Award 1998.

INTENTIONS OF THE PARTIES

The intentions of the parties in reaching this Agreement are to:

3.1 To provide for an efficient, progressive and prosperous plumbing enterprise for the benefit of the enterprise and its employees;

3.2 Improve job satisfaction and continuity of employment for workers;

3.3 Create a co-operative and productive enterprise environment;

3.4 Maintain a safe working environment;

3.5 Ensure the integrity of structured training consistent with national competency standards.

LODGEMENT AND DATE OF OPERATION OF THE AGREEMENT

4.1 This Agreement shall be lodged in accordance with the Fair Work Act 2009.

4.2 This Agreement shall come into operation from the date of lodgement and remain in force until 31 October 2011.

NO EXTRA CLAIMS AND INCREASES TO WAGES AND ALLOWANCES

5.1 The rates of pay and allowances as provided in Appendix A shall apply to all employees covered by this agreement.

5.2 The parties accept that this Agreement is in full and final settlement of all wage, terms and conditions claims. There will be no further claims on any matter, including matters concerning Incolink and Co-Invest during the period of this Agreement.

5.3 The parties agree they will not pursue any further claims during the nominal life of this Agreement in relation to matters covered by this Agreement.

5.4 It is agreed that there be no increase to wages and allowances, other than contained in this agreement, prior to 1 December 2011.

5.5 This Agreement covers all claims made whether or not expressly referred to in the Agreement.

5.6 Increases in Wages and other Conditions of Employment in this Agreement will accrue from 1st December 2008, or the first full pay period thereafter.

RELATIONSHIP TO THE Plumbing and Fire Sprinklers Award 2010

6.1 This Agreement shall wholly replace the Plumbing and Fire Sprinklers Award 2010 [MA000036] (Award) or any successor award. 6.2 No employee will be disadvantaged by the introduction of this Agreement.

DEFINITIONS

7.1 FWA means Fair Work Australia.

7.2 Construction work means all work performed under this Agreement in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops.

7.3 Continuous service means a period of continuous employment regardless of an employee’s absence from work for any of the following reasons:

7.3.1 illness or accident up to a maximum of four weeks after the expiration of paid personal leave;

7.3.2 any leave entitlement taken (e.g. annual leave, jury service, public holiday, personal leave, long service leave, etc.);

7.3.3 injury received during the course of employment and up to a maximum of 52 weeks for which the employee received workers’ compensation;

7.3.4 any other absence from work except where the enterprise notifies the employee in writing that his/her service has been broken.

For accrual of annual leave, see clause 26 – Annual leave.

Any other leave authorised by the enterprise or available under this Agreement.

7.4 Irrigation installer means an employee employed or usually employed in executing any irrigation plumbing. Without limiting the generality of the foregoing such work will include the following:

7.4.1 The installation of irrigation systems to distribute water or similar liquids from any source for such purposes as growth, leaching, cooling, misting, fogging, recycling, treating, disposal or water replenishment of the soil or other areas or substances used to sustain plant life.

7.4.2 The installation of any pipes, fittings, pumps, tanks, valves, control valves, main valves or ferrules, pressure control devices, flow control devices, backflow prevention devices, filters, water meters, flow control systems, all types of hydraulic, electric and electronic extra low voltage control systems including relays, timers, flow switches, level controls and other ancillary controls up to 32 volts AC and DC including the associated wiring for such equipment and all other components required to form a complete system of irrigation.

7.4.3 The installation of any irrigation drainage including any system of channels, pipes, pits, sub-soil agricultural pipes and the like, installed for such purposes as receiving and removing water, prevent water saturation of the soil or other medium, reducing salt and chemical build-up in the soil or other medium as a result of irrigation.

7.4.4 Associated excavation, levelling and trenching work including the operation of manual or mechanical equipment required.

7.4.5 Nothing in this definition authorises an irrigation installer to perform work which requires certification or registration unless that person holds such certification or registration pursuant to the appropriate State legislation or regulations.

7.5 Leading hand means an employee who is given by the enterprise, or his/her agent, the responsibility of directing and/or supervising the work of other persons, or in the case of only one person, the specific responsibility of directing and/or supervising the work of that person.

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

7.7 Ordinary time means rates as calculated in accordance with Appendix A of this Agreement, rates of pay, all-purpose allowances and calculation of hourly rates; time and a half means ordinary time plus 50 per cent; double time means ordinary time plus 100 per cent; double time and half means ordinary time plus 150 per cent.

7.8 Plumbers’ labourer means a person primarily engaged in assisting a plumber.

7.9 Union means The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

TYPES OF EMPLOYMENT

8.1 General

Employees under this Agreement will be employed either as full-time employees on daily hire, or as casual hands. At the time of engagement the enterprise will inform each employee of the terms of their engagement, in particular, whether they are to be full-time on daily hire or a casual hand.

8.2 Full-time employees on daily hire

Any employee not specifically engaged as a casual hand is for all purposes of this Agreement a full-time employee on daily hire.

8.3 Casual employment

8.3.1 The enterprise will not engage employees as casual employees merely to avoid an obligation under this Agreement.

8.3.2 In addition to the rate appropriate for the type of work, a casual employee will be paid an additional 20 per cent of the rounded hourly rate with a minimum payment as for three hours employment. The penalty rate herein prescribed will be made in lieu of annual leave, public holidays and personal leave prescribed for other employees in this Agreement. If the casual loading prescribed in accordance with the Fair Work Act 2009 (as amended) is greater than 20%, the higher percentage rate will apply.

PAYMENT OF WAGES AND TIME RECORDS

9.1 Payment of wages

9.1.1 Wage rates and allowances will be in accordance with Appendix A of the Agreement.

9.1.2 All wages, allowances and other monies will be paid in cash or by cheque, bank cheque, bank or similar transfer or any combination of these. An employee paid by other than cash will be allowed reasonable time as agreed between the enterprise and the employee, to attend the branch of his/her bank nearest the workplace to cash such cheques or draw upon the accounts during working hours. Payments will be paid and available to the employee not later than the cessation of ordinary hours of work on Thursday of each working week.

9.1.3 Where, on any pay day, work ceases for the day because of inclement weather an employee will be paid all wages, allowances and other monies due to him/her without undue delay.

9.1.4 An employee kept waiting for his/her wages on pay day for more than a quarter of an hour after the usual time of ceasing work will be paid at overtime rates after that quarter hour with a minimum of a quarter of an hour.

9.1.5 Particulars of details of payment to each employee will be provided in a statement handed to the employee at the time payment is made and will contain the following information:

Name and classification of the employee,
Date of payment,
Period covered by such payment,
The number of ordinary hours worked,
The amount of wages for work at ordinary rates and the hourly rate,
The gross amount of wages and allowances paid,
The amount of each deduction made and the name of the fund or account to which it was paid,
The net amount of wages and allowances paid,
The number of hours paid at overtime rates, the hourly rate(s) and the total amount paid,
The amount of allowances or special rates paid and the nature thereof,

as required by Regulation or under the Fair Work Act 2009 (as amended), as well as the following:

Annual leave loading payments,
Payment due on termination, including payment for annual leave, rostered day off accumulation, and public holidays,
The employee’s superannuation fund name, account number and amount of contributions made to it,
The employee’s long service leave registration number.

9.1.6 Failure to comply with clause 9.1.5 will not constitute a breach of this Agreement where the enterprise has already incurred a penalty for breach of the Fair Work Act 1996 (as amended) or Regulations made pursuant to the Fair Work Act 2009 (as amended) in respect of that specific act or omission.

9.2 Payment on termination

9.2.1 When notice is given in accordance with clause 32 – Termination of employment, monies due to the employee will be paid at the time of termination. Where this is not practicable they will be sent by registered post or, if the employee is normally paid by electronic funds transfer, transferred into the employee’s account within two working days and waiting time will be paid as follows:

9.2.2 Where the employee gives notice - time spent waiting beyond the two working days will be paid at ordinary rates at eight hours’ pay per day up to one week’s pay.

9.2.3 Where the enterprise gives notice - from termination up to the time of posting at the rate of eight hours ordinary time per day up to a maximum of one week’s pay.

9.3 Time Records

9.3.1 The enterprise will keep a record for a continuous period of seven years from which can be readily ascertained the following:

The name of the employer;
The name of each employee and his/her classification;
The date of birth of the employee as provided by the employee;
The date the employee’s employment began;
The hours worked each day;
When the employee started and ceased work;
The rate of remuneration at which the employee is paid;
The gross amount of wages and allowances paid;
The amount of each deduction made and the nature of it;
The net amount of wages and allowances paid;
The leave taken by the employee, the employee's entitlement from time to time to that leave, and accrual of leave.

as required by Regulation, as well as the following:

The enterprise’s workers compensation policy or other satisfactory proof of insurance such as a renewal certificate;
Any relevant records which detail taxation deductions and remittances to the Australian Taxation Office, including those payments made as PAYE Tax, whether under a Group Employer's Scheme or not;
A certificate or other documentation from the State Long Service Leave Board or authority which will confirm the enterprise’s registration, the date of the last payment, and the period for which that payment applies;
The enterprise’s and the employee's relevant superannuation scheme name and number, the amount of contributions made, the period over which the contributions are made, when the contributions are made, and details of any election of fund made by an employee, including the name of the employee, the fund, and the date the election was made;
The location of the job if it is outside the radius specified in Appendix A, clause A.7 - Fares and travelling time.

9.3.2 A record must be in a legible form in the English language or in a form that is readily accessible and is convertible into a legible form in the English language.

EMPLOYER AND EMPLOYEE DUTIES

10.1 The enterprise may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this Agreement provided that such duties are not designed to promote de-skilling.

10.2 It is understood that during periods of peak load it is a common practice for enterprises to source plumbers from other plumbing enterprises for the purpose of supplementing their own labour force.

SUPERANNUATION

11.1 Ordinary time earnings will mean the actual ordinary rate of pay the employee receives for ordinary hours of work including tool allowance, industry allowance, registration allowance, trade allowance, shift loading and leading hand, in charge or supervisory allowances where applicable. The term includes any regular over-agreement pay as well as casual rates received for ordinary hours of work.

11.2 The Enterprise will be, and remain during the life of this agreement, a participating enterprise in the Construction and Building Unions Superannuation Scheme (C+BUS). No employee will commence employment unless he/she is a registered worker in the C+BUS Scheme.

11.3 The level of contributions paid on behalf of each employee will be the greater amount of 11.3.1 or 11.3.2 as follows:

11.3.1 The level of contributions paid on behalf of each employee will be 9% of the ordinary time earnings as defined by the Australian Taxation Office and inclusive of, but not limited to, fares, travel and all allowances, or

11.3.2

from 1/3/09	$130.00 per week
from 1/3/10	$135.00 per week
from 1/3/11	$140.00 per week

11.4 The subject of superannuation is extensively dealt with by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties except as provided for under this Agreement. The above contribution rates do not limit an enterprise’s liability under the Superannuation Guarantee Charge (SGC).

11.5 Apprentices will receive the applicable Federal Government guarantee prescribed under the relevant Superannuation act.

11.6 All superannuation contributions will be paid monthly as required by the trust deed. The enterprise will sign, at the same time as it signs this agreement, a variation to the C+BUS trust deed to reflect this agreement.

11.7 Where an employee wishes to have their pay salary sacrificed for additional superannuation, the enterprise will comply with the employee’s request as soon as possible. All entitlements and benefits contained in this agreement will be calculated on the pre-salary sacrifice pay rate. Such sacrifice will be in addition to the employer’s Superannuation Guarantee (Administration) Act 1992 obligations.

11.8 Where an employee exercises this option, or similar options, such contributions will be deemed to be part of their wages for the purposes of the Fair Work Act 2009 (as amended).

11.9 Where an employee or an employee’s authorised representative requests to examine the superannuation records to confirm compliance, and in accordance with applicable legislation, the enterprise will meet such a request.

11.10 Absence from work

Subject to the trust deed to the fund of which an employee is a member, the following provisions will apply.

11.10.1 Paid leave

Contributions will continue whilst a member of a fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave.

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

11.10.3 Work related injury or illness

In the event of an eligible employee’s absence from work being due to work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that:

(a) the member of the fund is receiving workers compensation payments or is receiving regular payments directly from the enterprise in accordance with statutory requirements or the provisions of this Agreement.

(b) the person remains an employee of the enterprise.

LONG SERVICE LEAVE/CO-INVEST

12.1 Paid in accordance with the Construction Industry Long Service Leave Act or if outside Victoria the appropriate state legislation.

12.2 Payments by the enterprise will be paid in accordance with the trust deed.

REDUNDANCY

13.1 Redundancy protection

13.1.1 The enterprise shall participate in a Redundancy Protection Scheme and shall make relevant contributions on behalf of all employees to provide for the payment of redundancy benefits to employees.

13.1.2 The enterprise is, and will remain during the life of this Agreement, a member of the Redundancy Payment Approved Worker Entitlement Fund 1 (“Incolink Number 1 Fund“) of which Redundancy Payment Central Fund Ltd (“Incolink“) is trustee, and all the employees of the enterprise within the scope of this Agreement will be enrolled in the Incolink Number 1 Fund and be entitled to redundancy benefits in accordance with the terms of the Trust Deed.

13.1.3 The enterprise shall pay contributions to the Incolink Number 1 Fund on behalf of each employee in accordance with the Trust Deed. If Incolink nominates any other fund under clause (5), the enterprise shall pay contributions to that fund on behalf of each employee on a weekly basis and in accordance with the constituting documents of that other fund.

13.1.4 The enterprise shall be liable to pay redundancy payments to an employee when the employee ceases to be employed by the enterprise and is not immediately re-employed by an employer who is bound by the Trust Deed, other than for reasons of misconduct or unreasonable refusal of duty.

13.1.5 The redundancy payments which the enterprise is liable to pay under clause 13.1.4 are whichever are the greater of the entitlement of the employee under clause 13.2 of this Agreement and the entitlement of the employee under the Incolink Number 1 Fund Trust Deed (or under the constituting documents of any other ATO approved fund nominated by Incolink pursuant to its Trust Deed).

13.1.6 The liability of the enterprise to pay redundancy payments to an employee under this clause will be met by the making of the contributions on behalf of each employee required as a member of the Incolink Number 1 Fund, or another fund nominated by Incolink pursuant to its Trust Deed.

13.1.7 References in this clause to “Incolink Number 1 Fund” include a reference to another fund for comparable purposes nominated by Incolink for the purposes of this Agreement as a fund which supersedes the Incolink Number 1 Fund.

13.1.8 The provisions of this clause will not result in any ‘double dipping’ in respect to benefits payable to an employee.

13.2 Redundancy

This clause 13.2 will be read in conjunction with clause 13.1 of this Agreement except that where there is any inconsistency, clause 13.1 of this Agreement will prevail.

Redundancy funds

An employer bound by this Agreement may utilise a fund to meet all or some of the liabilities created by this clause. Where an employer utilises such a fund:

payments made by a fund designed to meet an employer's liabilities under this clause, to employees eligible for redundancy/severance pay will be set off against the liability of the employer under this clause, and the employee will receive the fund payment or the Agreement benefit whichever is the greater but not both; or

where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund will, to the extent of those contributions, be set off against the liability of the employer under this clause, and payments to the employee will be made in accordance with the rules of the fund or any agreement relating thereto and the employee will be entitled to the fund benefit or the Agreement benefit whichever is greater but not both.

13.2.1 Definition

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

13.2.2 Redundancy pay

A redundant employee will receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by this Agreement) with the enterprise.

Period of continuous service with the enterprise	Redundancy/severance pay

1 year or more but less than 2 years	2.4 week’s pay plus, for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 week’s pay

2 years or more but less than 3 years	4.8 week’s pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 week’s pay

3 years or more but less than 4 years	7 week’s pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 week’s pay

4 years or more	8 week’s pay

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

13.2.3 Week’s pay means the ordinary time rate of pay at the time of termination for the employee concerned.

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

13.2.5 Casual hands and apprentices

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

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

13.2.6 Employee leaving during notice

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

TRAUMA INSURANCE

14.1 The enterprise shall participate in a trauma policy insurance scheme and shall make relevant contributions on behalf of all employees to provide for the payment of trauma benefits to employees.

14.2 The benefits required to be provided in the Trauma Policy will be equivalent to or superior to the benefits provided by the WAGEguard Workplace Trauma and Injury, WorkCover /TAC Top Up and Sickness Insurance administered lump sum insurance policy as at the date of this agreement.

14.3 The particular Trauma Policy to be provided shall be agreed between the majority of employees and the enterprise. The WAGEguard Workplace Trauma and Injury, WorkCover /TAC Top Up and Sickness Insurance administered lump sum insurance policy or a similar scheme providing equivalent or superior benefits shall be taken as agreed to by the majority of employees and the enterprise for the purpose of this clause.

INCOME PROTECTION

15.1 The enterprise shall participate in an income protection scheme and shall make relevant contributions on behalf of all employees to provide for the payment of income protection benefits to employees.

15.2 The benefits required to be provided in the Income Protection Policy will be equivalent to or superior to the benefits provided by the WAGEguard Workplace Trauma and Injury, WorkCover /TAC Top Up and Sickness Insurance Scheme.

15.3 The particular Protection Policy to be provided shall be agreed between the majority of employees and the enterprise. The WAGEguard Workplace Trauma and Injury, WorkCover /TAC Top Up and Sickness Insurance Scheme or a similar scheme providing equivalent or superior benefits shall be taken as agreed to by the majority of employees and the enterprise for the purpose of this clause.

JOURNEY ACCIDENTS

16.1 The enterprise will insure all employees covered by this Agreement against the loss of ordinary wages arising from work absence up to a period of 12 months due to injuries or illness resulting from any accident incurred in journeys between the employee’s residence and the workplace, and return.

16.2 The enterprise’s liability extends only to the reimbursement of the employee’s ordinary 36 hours rate and all such absences shall be supported by certification of a duly authorized medical practitioner.

ACCIDENT MAKE-UP PAY

17.1 The enterprise will pay an employee accident pay where the employee receives an injury for which weekly payments of compensation are payable by or on behalf of the enterprise pursuant to the provisions of the relevant workers’ compensation legislation as amended from time to time.

17.2 Accident pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the said relevant workers’ compensation legislation and the employee’s appropriate 36 hours rate and accrued entitlements prescribed by clause 18 – Hours of work, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said Agreement rate for that period.

17.3 The enterprise shall pay accident pay as defined in this clause 17, during the incapacity of their employee/s arising from any one work-related injury, for a total of 52 weeks - irrespective of whether such incapacity is in one continuous period or not.

17.4 The provisions of this clause will not result in any ‘double dipping’ in respect to benefits payable to an employee.

17.5 The liability of the enterprise to pay accident pay in accordance with this clause will arise as at the date of the injury or accident in respect of which compensation is payable under the said relevant workers’ compensation legislation and the termination of the employee’s employment for any reason during the period of any incapacity will in no way affect the liability of the enterprise to pay accident pay as provided in this clause.

17.6 In the event that an employee receives a lump sum in redemption of weekly payments under the relevant legislation, the liability of the enterprise to pay accident pay as herein provided will cease from the date of such redemption.

17.7 The enterprise may at any time apply to the FWA for exemption from the terms of this clause on the grounds that an accident pay scheme proposed or implemented by the enterprise contains provisions generally not less favourable to his/her employees than the provisions of this clause.

HOURS OF WORK

18.1 The ordinary hours of work will be 36 hours worked anytime between 6.00 a.m. and 6.00 p.m. Monday to Friday. Starting time will be between 6.00 a.m. and 9.30 a.m. The precise starting time will be arranged between the enterprise, the employees and the employee representative recognizing the operational requirements of the enterprise provided always occupational health and safety principles remain paramount. Normal starting time is 7.00 a.m.

18.2 Where enterprise efficiency and client needs requires alteration of ordinary working hours such hours may be varied by agreement between the enterprise and a majority of employees and the employee representative. Employees will be given five days notice of any change in the spread of hours or start time. Occupational health and safety principles remain paramount regarding discussions concerning alteration of ordinary working hours.

18.3 Matters on which agreement may be reached include:

18.3.1 How the hours are to be averaged in a work cycle. 18.3.2 The duration of the work cycle. 18.3.3 Rosters which specify starting and finishing times. 18.3.4 Daily maximum hours.

18.4 Flexibility of RDOs

The Rostered Days Off (RDO) schedule for 2007 at Appendix C will be observed. The 2008 RDO calendar will be agreed between the parties. Employee/s will receive 26 RDOs each year. The enterprise and a majority of employees and the employee representative may agree on the arrangements at Appendix C allowing flexibility regarding the taking of RDOs. Subject to Appendix C, RDOs will not be banked.

18.5 Work cycles

18.5.1 The method for calculating work cycles is that the ordinary working hours will be worked in a 10-day/2-week cycle, Monday to Friday inclusive, with eight hours worked for each of nine days, and with 0.8 of an hour on each of those days accruing towards the tenth day, which will be taken as a paid day off. The tenth day of the cycle will be known as the Rostered Day Off (hereinafter called ‘RDO’), and will be taken as outlined below. Payment on such an RDO will include the daily wages, Fares and Travelling Allowance, and any applicable Site Allowance.

18.5.2 Provided that 26 RDO’s will be accrued by an employee in each 12 months continuous service. This will not apply for the period an employee is on unpaid leave.

18.5.3 Each day of paid leave taken and any holiday taken (as prescribed below) occurring during any cycle of two weeks will be regarded as a day worked for accrual purposes. The term each day of paid leave only covers days worked, personal leave, annual leave and public holidays (but not RDOs).

18.5.4 Upon commencement of employment, employees who have not worked, or who are not regarded by reason of this paragraph as having worked a complete ten day/two week cycle, will receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that enterprise, and provided that the employees agree, RDOs will be paid in full as they occur. If RDO’s are paid in full and there is an accrual shortfall the employee/s will remain in debit with the enterprise.

18.5.5 Upon termination of employment, an adjustment will be made to ensure that the full RDO entitlement, and no more, has been provided. This means that employees then having received more RDOs than they were entitled to will have the relevant amount removed from final termination payments, and employees who have received less than their full RDO entitlement will have the outstanding amount added to final termination payments.

OVERTIME

19.1 Excessive overtime will not be worked. The overtime requirement for each project will vary and will be discussed and agreed between the enterprise and a majority of employees and the enterprise representative on a project by project basis.

19.2 All time worked beyond the ordinary hours of work as prescribed in clause 18– Hours of work, will be paid as overtime.

19.3 In accordance with the decision of the Working Hours Test Case decision, the enterprise and employees agree that overtime must be capped.

19.4 Apprentices will be paid overtime at the rate of one and a half times ordinary rate for the first hour and double time thereafter. Work commenced after midnight and prior to commencement of ordinary time will be paid for at the rate of double time.

19.5 No apprentice under the age of eighteen years will be required to work overtime unless the employee so desires. No apprentice will, except in an emergency, work or be required to work overtime at times which would prevent his/her attendance at technical school, as required by any statute or regulation applicable to him/her.

19.6 Overtime will be paid at double time. Where overtime is necessary employee/s will not be disadvantaged regarding the amount of overtime employee/s may work. This will be reflected in the work roster. Every employee will be entitled to work reasonable overtime on a fair and equitable basis.

19.7 Overtime will be calculated by applying the hourly divisor of 1/36th.

19.8 Employee/s required to work public holidays and/or picnic day will be paid at double time and a half calculated on the hourly rate provided that an employee required to work any one of the public holiday/s or Sunday or Picnic Day will be paid for not less than four hours work.

19.8.1 Employees required to work on a Saturday will be afforded a minimum of 3 hours work.

19.8.2 Where Local Government laws prevent a commencement of work at the normal starting time for a Saturday, employees will be paid from their actual commencement time with a minimum of three hours work.

19.9 Meal allowance (overtime)

An employee must work for a minimum period of 2½ hours overtime before s/he is entitled to a paid meal allowance.

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

SHIFT WORK

20.1 The enterprise and a majority of employees and the employee representative may agree that shift arrangements may be introduced in industry areas outside new construction work.

20.2 Where shift work is necessary the following conditions will apply:

20.2.1 an employee who works ordinary hours on a day will not be employed on shift at the conclusion of the day’s work.

20.2.2 starting and finishing times for shift work shall be agreed between the enterprise and a majority of employees providing starting time for shifts shall not be before 3.00 p.m.

20.2.3 where shifts are worked and the employment continues for more than one week the employees shall work five shifts per week of eight hours.

20.2.4 entitlements to rostered days off accruing whilst on shifts shall include the appropriate shift rate.

20.2.5 reasonable time shall be allowed for a meal during a shift.

20.2.6 an employee employed on shift work for less than the normal weekly working hours in any working week will be paid in accordance with the overtime provisions. Provided that in cases where the shift work has continued for more than one week and the job finishes during the currency of a week the enterprise will pay the shift rate for the time actually worked.

20.3 The rate of pay for shift work shall be ordinary time plus 100% except by agreement between the enterprise and a majority of employees and the enterprise representative.

CALL-BACK

21.1 An employee recalled to work overtime after leaving the enterprise’s business premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances arising the employee will not be required to work the full three hours if the job or jobs the employee was recalled to perform be completed within a shorter period.

21.2 This subclause will not apply in cases where it is customary for an employee to return to the enterprise’s premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. This clause does not apply where an employee is on availability as defined in Appendix A.

WORK BREAKS

22.1 Meal breaks

There will be a cessation of work and of working time, for the purpose of a meal on each day, of not less than 30 minutes, to be taken between noon and 1.00 p.m.

22.2 Variation of meal breaks

Where, because of the area or location of a project, the majority of on-site employees on the project request, and agreement is reached, the period of the meal break may be lengthened to not more than 45 minutes with a consequential adjustment to the daily time of cessation of work.

22.3 Working during meal break

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

22.4 Daily rest breaks

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

22.5 Overtime rest breaks

22.5.1 When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee will be allowed to take without deduction of pay, a rest break of twenty minutes in duration immediately after such ceasing time and thereafter, after each four hours of continuous work, the employee will be allowed to take also, without deduction of pay, a rest break of 30 minutes in duration. (Note: A meal allowance is also payable under clause 19.9). In the event of an employee remaining at work after the usual ceasing time without taking the rest break of twenty minutes and continuing at work for a period of two hours or more, the employee will be regarded as having worked twenty minutes more than the time worked and be paid accordingly. For the purpose of this clause usual ceasing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 18 – Hours of work.

22.5.2 22.4 –Daily rest breaks and 22.5 – Overtime rest breaks will not be applicable in the case of an employee who is allowed the rest periods prescribed in Appendix A for Hot work or Cold work.

22.5.3 Where an agreement is reached pursuant to 18.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work.

22.6 Breaks between working days

22.6.1 An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that the employee has not at least ten consecutive hours off duty between those times, or on a Saturday, Sunday or holiday without having had ten consecutive hours off duty in the 24 hours preceding his/her ordinary commencing time on his/her next ordinary day will, subject to this clause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

22.6.2 If, on the instructions of the enterprise, such an employee resumes or continues work without having had such ten consecutive hours off duty the employee will be paid at double time rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

22.6.3 An employee who has worked continuously (except for work breaks allowed by this Agreement) for twenty hours including holiday work will not be required to continue at or recommence work for at least twelve hours.

PUBLIC HOLIDAYS

23.1 Employee/s will be entitled to the following holidays without deduction of pay:

New Years Day;
Australia Day;
Good Friday;
Easter Saturday;
Easter Monday;
Anzac Day;
Queen’s Birthday;
Labour Day;
Christmas Day;
Boxing Day;
Melbourne Cup Day.

23.2 Subject to the agreement of the enterprise and a majority of employees employee/s will have the option of replacing the Melbourne Cup Public Holiday with the local race day (e.g. Albury, Mildura, and Wodonga). If this option is applied the replacement day will be paid as a public holiday and Melbourne Cup Day becomes a normal working day for the employee/s concerned.

23.3 When a public holiday is on a Saturday or Sunday or rostered day off a day in lieu will be observed on the next calendar working day.

23.4 Any employee required to work on any of the public holiday/s will be paid at double time and a half calculated on the hourly rate, provided that an employee required to work any one of the public holiday/s will be paid for not less than four hours work.

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

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

23.5 Family picnic day

All employees covered by this agreement shall be entitled to Family Picnic Day without loss of pay on the first Monday in December (or other nominated day in Mildura). An employee required to work on family picnic day shall be paid at the rate of double time and one half and paid for not less than four hours work.

PERSONAL/CARER’S LEAVE AND COMPASSIONATE LEAVE

24.1 Amount of paid personal leave

24.1.1 Paid personal leave will be available to an employee when they are absent due to:

personal illness or injury (sick leave); or
for the purpose of caring for or supporting an immediate family member or household member who requires care or support because of a personal illness, or injury, of the member or and unexpected emergency affecting the member (carer’s leave).

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

three days in the first month and then one additional day at the beginning of each of the next nine calendar months, will be available in the first year of employment; and twelve days at the beginning of the employee’s second and each subsequent year which, subject to 24.1.4, will commence on the anniversary of engagement.

24.1.3 An employee’s personal leave entitlement is the current year’s personal leave plus any accumulated personal leave available to the employee. 24.1.4 In any year unused personal leave accumulates at the rate of the lesser of:

ten days less the number of sick leave and carer’s leave days taken from the current year’s personal leave entitlement in that year; or
the balance of that year’s unused personal leave.

24.1.5 Personal leave may accumulate from year to year. 24.1.6 If an employee is terminated by the enterprise and is re-engaged by the enterprise within a period of six months then the employee’s unclaimed balance of personal leave will continue from the date of re-engagement. In such a case the employee’s next year of service will commence after a total of twelve months has been served with the enterprise (excluding the period of interruption in service) since either:

the employee was first engaged, or
the anniversary of his/her original engagement,
as appropriate.

24.2 Immediate family or household

24.2.1 The entitlement to use personal leave for the purpose of carer’s or compassionate leave is subject to the person in respect of whom the leave is being taken being either:

a member of the employee’s immediate family; or
a member of the employee’s household.

24.2.2 The term immediate family includes:

spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and
child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

24.3 Sick leave

This clause 24.3 will be read in conjunction with clause 25 – Portability of sick leave. In the event of any inconsistency, clause 25 will prevail.

24.3.1 An employee is entitled to use up to ten days of the current year’s personal leave entitlement as sick leave in each year of service (subject to accrual, see 24.1.2).

24.3.2 An employee is entitled to use accumulated personal leave for the purposes of sick leave where the current year’s sick leave entitlement has been exhausted.

24.3.3 The employee will within 24 hours of the commencement of such absence, or if this is not practicable, as soon as reasonably practicable give the employer notice that the employee requires (or required) leave during the period because of a personal illness or injury of the employee.

24.3.4 In the case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only such employee if in the year the employee has already been allowed paid sick leave on more than one occasion for one day only, the employer may require the employee to produce to the enterprise a medical certificate of a registered health practitioner that in the health practitioner’s opinion, the employee was unable to attend for duty on account of personal illness or injury. If it is not reasonably practicable for the employee to give the employer a medical certificate the employee may provide a statutory declaration.

24.4 Compassionate leave Compassionate leave is paid leave taken by an employee:

for the purposes of spending time with a person who:
- is a member of the employee’s immediate family or a member of the employee’s household; and
- has a personal illness, or injury, that poses a serious threat to his or her life; or
after the death of a member of the employee’s immediate family or a member of the employee’s household.

24.4.1 An employee is entitled to use up to two days paid leave as compassionate leave on each occasion when a member of the employee’s immediate family or a member of the employee’s household:

contracts or develops a personal illness that poses a serious threat to his or her life; or
sustains a personal injury that poses a serious threat to his or her life; or
dies.

24.4.2 The employee who is entitled to a period of compassionate leave for a particular permissible occasion is entitled to take the compassionate leave as:

a single, unbroken period of 2 days; or
2 separate periods of 1 day each; or
any separate periods to which the employer and his or her employee agree.

24.4.3 An employee who is entitled to a period of compassionate leave because a member of the employee’s immediate family or a member of the employee’s household has contracted or developed a personal illness or sustained a personal injury is entitled to start to take compassionate leave at any time while the illness or injury persists.

24.4.4 In addition to the entitlement to paid compassionate leave, an employee will be entitled to up to ten days unpaid bereavement leave in respect of the death within Australia or overseas of a relation to whom the clause applies.

24.4.5 The employee is entitled to compassionate leave only if the employee gives his or her employer any evidence that the employer reasonably requires of the illness, injury or death.

24.5 Carer’s leave

24.5.1 An employee is entitled to use up to ten days personal leave each year to care for members of his/her immediate family or household.

24.5.2 The employee must, if required by the enterprise, establish by production of a medical certificate by a registered health practitioner or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another or establish by production of a statutory declaration that the member required care because of an unexpected emergency.

24.5.3 As soon as reasonably practicable the employee will give the employer notice that the employee requires (or required) leave during the period to provide care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires (or required) care or support because of a personal illness or injury of the member or an unexpected emergency affecting the member. This provision does not apply to an employee who could not comply with it because of circumstances beyond the employee’s control.

24.5.4 An employee (including a casual employee) may take up to two days unpaid carer’s leave for each occasion in accordance with the same requirements for the entitlement to paid carer’s leave.

24.6 The provisions of this clause apart from paragraph 24.5.4 do not apply to casual employees.

PORTABILITY OF SICK LEAVE

25.1 To support the costs of the Incolink scheme the enterprise has agreed to pay (in accordance with the Trust Deed) an industry surcharge of $1.54 per week per employee.

25.2 The enterprise is, and will remain during the life of this Agreement, a participating enterprise in the Construction Industry Complying Portable Sick Leave Pay Scheme (Incolink PSL Scheme) of which Incolink is trustee, and all the employees of the enterprise within the scope of this Agreement will be enrolled in the Incolink PSL Scheme and be entitled to sick leave benefits in accordance with the terms of the Trust Deed.

25.3 The enterprise shall pay contributions to the Incolink PSL Scheme on behalf of each employee in accordance with the Trust Deed. If Incolink nominates any other fund, the enterprise shall pay contributions to that fund on behalf of each employee in accordance with the constituting documents of that other fund.

25.4 The Incolink trust fund shall be liable to pay sick leave payments to an employee when the employee is absent from work on sick leave.

25.5 The sick leave payments which the enterprise is liable to pay under are whichever are the greater of the entitlement of the employee under clause 25 of this Agreement and the entitlement of the employee under the Incolink PSL Scheme Trust Deed (or under the constituting documents of any other fund nominated by Incolink under, but in the latter case limited to the amount which Incolink or the employee actually receives from the Insurer under the Trust Deed.

25.6 The liability of the enterprise to pay sick leave payments to an employee under this clause will be met by the making of the contributions on behalf of each employee required as a participating enterprise in the Incolink PSL Scheme.

25.7 References in this clause to Incolink PSL Scheme include a reference to another fund for comparable purposes nominated by Incolink as a fund which supersedes the Incolink PSL Scheme.

ANNUAL LEAVE

26.1 Employees will be entitled to four weeks annual leave. Annual leave loading will be 17.5 %. An employee:

26.1.1 may take annual leave in periods agreed between the enterprise and the employee provided that one of the periods shall be of at least 10 working days.

26.1.2 working and/or required to work on call for any part of 28 weekends or more in any year of employment will be entitled to an extra week’s annual leave.

26.1.3 by agreement with the enterprise an employee may take any amount of annual leave before leave becomes due.

26.1.4 having taken undue annual leave having his/her services legitimately terminated prior to completing 12 months continuous service may, at the instigation of the enterprise, have deducted from whatever remuneration is payable upon termination, the payment received for the taken annual leave.

26.1.5 having worked 12 months in the Industry with more than one enterprise without taking annual leave will be entitled to take pro-rata annual leave. The employee will be paid 1/12 of an ordinary’s week’s wage based on the leave loading rate for each completed 36 hours of service with his/her current enterprise. Where the employee has completed five working days or more continuous service (including RDO’s but excluding overtime), leaves or has his/her employment terminated will be paid 1/12 of a week’s pay at the leave loading rate for each period of 36 hours ordinary time worked (or part thereof) with his/her current enterprise.

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

26.3 Prior to going on annual leave the employee will be paid in advance for the period of annual leave.

26.4 Annual leave cash out

26.4.1 An employee may request to cash out up to two weeks accrued annual leave entitlement every 12 months.

26.4.2 A request to cash out annual leave must be in writing. The request should specifically state that the employee wants to cash out 2 weeks of annual leave. 26.4.2 An employer shall not coerce an employee to cash out annual leave or exert undue influence or pressure on an employee in relation to a decision about whether or not to cash out a period of annual leave. 26.4.2 If an employee does elect to cash out 2 weeks of their annual leave they will be entitled to the annual leave loading for that 2 weeks. 26.4.2 An employer may refuse any request to cash out the 2 weeks of annual leave.

26.5 Commencement of leave - distant jobs

If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement or, if employed prior to going to the distant job, the place regarded as his/her headquarters, by the first reasonable means of transport, his/her annual leave will commence on the first full working day following his/her return to such place of engagement or headquarters as the case may be.

26.6 Payment for annual leave on termination

26.6.1 Rate of pay

Where an employee, who has given five working days or more continuous service (including an RDO but excluding overtime), leaves or his/her employment is terminated, the employee will be paid 1/12 of a week’s pay at the rate specified in this clause 26 for each period of 36 hours ordinary time worked (or part thereof).

26.6.2 Annual leave loading

In addition the employee will receive a loading of 17.5 per cent will be calculated on the rates, loadings, and allowances prescribed by Appendix A in relation to rates of pay, all-purpose allowances and fares and travelling time.

26.7 Broken Service

26.7.1 Where an employee breaks his/her continuity of service (as defined), the amount of leave to which the employee would have been entitled under clause 26.1 will be reduced by 1/48for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which the employee would have been entitled under clause 26.5 will be reduced by 1/12 of a week’s pay for each week or part thereof during which any such absence occurs.

26.7.2 However no reduction will be made in respect of any absence unless the enterprise informs the employee in writing of their intention so to do within fourteen days of the termination of the absence.

26.8 Payment for periods of leave

26.8.1 Payment in advance

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

26.8.2 Annual leave loading

In addition, during a period of annual leave an employee will receive a loading of 17.5 per cent calculated on rates, loadings, and allowances prescribed at Appendix A.1.1, A.1.2, A.10, A.11 and A.12.

PARENTAL LEAVE

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave in connection with the birth or adoption of a child.

27.1 Definitions

For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where child means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

27.2 Basic entitlement

27.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

27.2.2 Parental leave is to be available to only one parent at a time, except that both parents may simultaneously access the leave in the following circumstances:

27.2.2(a) for maternity and paternity leave, an unbroken period of one week at the time of the birth of the child; 27.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

27.3 Maternity leave

27.3.1 An employee will provide to the enterprise at least ten weeks in advance of the expected date of commencement of parental leave:

27.3.1(a) a certificate from a registered medical practitioner stating that she is pregnant and the expected date of confinement;

27.3.1(b) written notification of the date on which she proposes to commence maternity leave, and the period of leave to be taken; and

27.3.1(c) a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

27.3.2 Subject to 27.2.1 and unless agreed otherwise between the enterprise and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of the birth.

27.3.3 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, the enterprise may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

27.3.4 Where the pregnancy of an employee terminates after 27 weeks and the employee has not commenced maternity leave, the employee may take unpaid special maternity leave of such period as a registered medical practitioner certifies as necessary, except that where an employee is suffering from an illness not related to the direct consequences of the birth, an employee may be entitled to paid sick leave in lieu of, or in addition to, special maternity leave.

27.3.5 Where leave is granted under 27.3.4, during the period of leave an employee may return to work at any time, as agreed between the enterprise and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

27.4 Paternity leave

27.4.1 An employee will provide to the enterprise at least ten weeks prior to each proposed period of paternity leave, with:

27.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

27.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and

27.4.1(c) a statutory declaration stating:

27.4.1(d) he will take that period of paternity leave to become the primary care giver of a child;

27.4.1(e) particulars of any period of maternity leave sought or taken by his spouse; and

27.4.1(f) that for the, period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

27.5 Adoption leave

27.5.1 The employee will notify the enterprise at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

27.5.2 Before commencing adoption leave, an employee will provide the enterprise with a statutory declaration stating:

(a) the employee is seeking adoption leave to become the primary care giver of the child;

(b) particulars of any period of adoption leave sought or taken by the employee’s spouse; and

(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

27.5.3 The enterprise may require an employee to provide confirmation from the appropriate government authority of the placement.

27.5.4 Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the enterprise immediately and the enterprise will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

27.6 Variation of period of parental leave

Unless agreed otherwise between the enterprise and employee, an employee may apply to the enterprise to change the period of parental leave on one occasion. Any such change will be notified at least four weeks prior to the commencement of the changed arrangements.

27.7 Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding 52 weeks.

27.8 Transfer to a safe job

27.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the enterprise deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

27.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the enterprise may require the employee, to commence parental leave.

27.9 Returning to work after a period of parental leave

27.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

27.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 27.8, the employee will be entitled to return to the position they held immediately before such transfer.

27.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

27.10 Replacement employees

27.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

27.10.2 A replacement employee will be informed of the temporary nature of the employment and of the rights of the employee who is being replaced.

POSTING OF AGREEMENT

28. A copy of this Agreement will be kept by the enterprise in a prominent place on the enterprise’s premises where it is readily accessible to employees.

INDUSTRY TRAINING

29.1 Improved coordinated training for employees covered by this agreement will be provided to enhance the skills, occupational health and safety comprehension, and other areas of working knowledge of the employees of the enterprise.

29.2 Training provided will be consistent with the enterprise’s business requirements, relevant to the work of the employees and be consistent with the skills development of each employee and with applicable national competency standards, where they exist.

29.3 Training as provided for by this clause may be taken either on or off the job.

29.4 When training is taken off the job, where practicable and subject to the work requirements of the enterprise, such training shall be undertaken during normal working hours.

29.5 If an approved training activity is undertaken during ordinary working hours, the employee/s concerned will not suffer any loss of wages or entitlements.

29.6 To contribute to the funding and training and development of its employees, the enterprise will pay the following schedule of payments into the Plumbing Industry Joint Training Fund that will provide plumbing and plumbing related courses. The amounts to be paid will be:

Commencing on 1 March 2008 - $5.45 per employee per week.
Commencing on 1 March 2009 - $11.54 per employee per week.
Commencing on 1 March 2010 - $12.54 per employee per week.
Commencing on 1 March 2011 - $15.04 per employee per week.

NOTE: The above amounts are not payable for Apprentices.

29.7 Subject to the operational needs of the enterprise, employees covered by this agreement will be eligible to attend training programs that are funded by and paid for by the weekly amounts in clause 29.6.

29.8 The employer shall be liable for any difference between the total cost of that approved course and the amount contributed by the registered training provider fund.

EMPLOYEE REPRESENTATIVES

30.1 Representation

30.1.1 The parties recognise the role the employees’ on-site representative has in seeking to ensure industrial harmony on the site or at the workplace. Further the parties recognize that the on-site representative is a point of contact for an employee who has an employment related grievance or a grievance, query or concern arising under the terms of the Agreement.

30.1.2 An employee representative shall, upon notification to the company, be recognised as the accredited representative of the employees and be allowed all necessary time during working hours to submit to the company matters affecting the employees he/she represents. At all other times the employee representative will perform productive work within his/her range of qualifications and competence. Further, the employee representative shall be allowed reasonable time during working hours to attend to job matters affecting the employees.

30.2 Employee representative facilities

Where the enterprise is the principal contractor it is agreed the company shall provide a facility for the use of the employee representative/s to perform their duties and functions as the on-site representative/s of the employees. The provision of the following facilities is to ensure that the employee representative/s is able to effectively perform his/her functions in a professional and timely manner. The facilities shall include:

a fixed telephone;
a table and chairs;
a filing cabinet;
air-conditioning/heating;
access to stationery and other administrative facilities, including use of facsimile, use of e-mail, (if available on site), following consultation between employee representative and Site Management;
a private lockable area.

30.3 Employee representative training leave

30.3.1 Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of employees will, upon application in writing to the enterprise, be granted up to five days leave with pay each calendar year non-cumulative to attend courses.

30.3.2 Such courses will be designed and structured with the objective of promoting good industrial relations within the building and construction industry.

30.3.3 For the purposes of this clause an accredited representative of the employee will include an employee representative recognised by the enterprise in accordance with this Agreement.

30.3.4 The following scale will apply:

No. of employees covered by this Agreement	Maximum No. of Representatives eligible to attend per year.	Maximum No. of days permitted per year

Up to 15	1	5
16 - 30	2	10
31 - 50	3	15
51 - 100	4	20
101 and over	5	25

30.3.5 The application for leave will be given to the enterprise at least four weeks in advance of the date of commencement of the course. The application for leave will contain the following details:

(a) The name of the employee seeking the leave;

(b) The period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

(c) The title, general description and structure of the course to be attended and the location of where the course is to be conducted.

30.3.6 The enterprise will advise the employee representative within seven clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.

30.3.7 The time of taking leave will be arranged so as to minimize any adverse effect on the enterprise’s operations. The onus will rest with the enterprise to demonstrate an inability to grant leave when an eligible employee is otherwise entitled.

30.3.8 An enterprise will not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings will be defined as the relevant Agreement classification rate including, shift work loadings where relevant plus Site Allowance where applicable.

30.3.9 Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee’s RDO or with any concessional leave.

30.3.10 An employee on request by their enterprise will provide proof of their attendance at any course within seven days. If an employee fails to provide such proof, the enterprise may deduct any amount already paid for attendance from the next week’s pay or from any other moneys due to the employee.

30.3.11 Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee will receive payment if entitled under the provisions of this Agreement.

30.3.12 Leave of absence granted pursuant to this clause will count as service for all purposes of this Agreement.

30.3.13 Any dispute as to any aspect of this clause will be resolved in accordance with the dispute settlement provisions of this Agreement.

PRESENTING FOR WORK BUT NOT REQUIRED

31. An employee, if engaged and presenting for work to commence employment and not being required will be entitled to at least eight hours’ work or payment therefore at ordinary rates, plus the appropriate allowance prescribed by Appendix A for Fares and travelling time. This clause will not apply if the services of an employee are not required by reason of inclement weather in which case the provisions of Appendix B – Inclement weather will apply.

TERMINATION OF EMPLOYMENT

32.1 One day’s notice of termination of employment will be given on either side or one day’s pay will be paid or forfeited.

32.2 The notice period provided in this clause will not apply where an employee is dismissed on grounds which justify termination without notice i.e. wilful misconduct or refusal of duty.

32.3 It is the Enterprise’s prerogative to determine the order or selection of employee/s for termination or redundancy subject always to the following:

32.3.1 All relevant legislation will be observed;

32.3.2 The ability of employees - within classifications, experience or skills held - be considered by the enterprise in selecting employees for redundancy;

32.3.3 The dispute settlement procedures set out in clause 49 - Dispute settlement procedures, will apply in the event of any concerns regarding redundancy.

32.4 A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport his/her tools.

32.5 Employee to be paid entitlements

On termination of employment by either the enterprise or employee in accordance with this clause, the employee will receive all entitlements under this Agreement that are owing to the employee on the last day of employment. Where the enterprise fails to make available all Agreement entitlements, along with a separation certificate, paid employment will continue until such time all such entitlements and separation certificate are forwarded to the employee.

32.6 Portable sick leave on termination

Employees, employer representatives and the enterprise support the industry portable sick leave scheme which ensures sick leave credits (up to a potential maximum of 100 days) are not lost on termination.

APPRENTICES

33.1 Apprentices will be entitled to all terms, conditions, amounts and allowances as prescribed elsewhere in this Agreement (including fares and travelling time in accordance with Appendix A) at the full rate unless otherwise prescribed by this clause.

33.2 The minimum rates of weekly wage to be paid to apprentices will be in accordance with Appendix A.

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

33.2.2 Apprentices will be paid all wages and allowances as specified by this Agreement for time spent attending college/school in the course of their apprenticeship. All time spent attending college/school in the course of the apprenticeship will count as time served for all purposes.

33.2.3 The following provisions of this Agreement will not apply to apprentices:

Subject	Clause
Presenting for work but not required	31
Termination of employment	32

33.2.4 Except where it is inconsistent with this clause, the provisions of the Vocational Education and Training Act 1990 (Victoria) will apply to apprentices.

33.3 All apprentices/trainees covered by this Agreement will continue to be paid for all time spent at trade school (including travel time allowance and fares allowance). Where the apprentice successfully completes the requirements of the trade school course, the enterprise will reimburse to the apprentice any tuition costs of trade school at the end of that year. Apprentices will not be disadvantaged by any changes to any government policy on training, trainees or apprenticeships. Where it is not possible to employ a full time apprentice, apprentice/s will only be engaged on accredited training programs.

33.4 Where an apprentice termination occurs through mutual agreement the apprentice shall be entitled to a reimbursement payment for school fees for all schooling that has been successfully completed until the termination date. Such reimbursement payment will not “double dip” any government subsidy, or reimbursement payment by another employer, or similar payments to which the apprentice may be entitled.

APPLICATION OF SITE AGREEMENTS

Where a Project Agreement which is lodged with the FWA, (or any other successor body), or has been approved in accordance with the Fair Work Act 2009, and is compliant with the National Building Code and Guidelines, the following shall apply:

34.1 Where a Project Agreement prescribes rates of pay and conditions to apply across the site which are not less than those contained herein, those rates and conditions will apply and the terms of this Agreement shall be suspended for the purposes of the site; or

34.2 Where the Project Agreement prescribes a Site allowance, the greater of such allowance shall apply in addition to the rates of pay prescribed by this Agreement, and the terms of this agreement shall continue to apply.

34.3 Where the Project Agreement is a mixed Metals Site Agreement the rates and allowances provided for in the mixed metals site agreement shall be deemed to have been calculated at 110%. <

ANTI-DISCRIMINATION

35.1 It is the intention of the parties to this Agreement to achieve the principal object in s.3(m) of the Fair Work Act 2009 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

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

35.3 Nothing in this clause is to be taken to affect:

35.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

35.3.2 junior rates of pay, until 22 June 2000 or later date determined by the FWA in accordance with s.143(1E) of the Act;

35.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by applications to the Human Rights and Equal Opportunity Commission.

35.3.4 the exemptions in clauses 659(3) and (4) of the Fair Work Act 2009 (Cth).

PROTECTIVE CLOTHING

The enterprise shall ensure that their employees are in possession of protective clothing in accordance with this clause.

36.1 Approved (AS) safety footwear appropriate to the classification of work being carried out.

36.2 Overalls or trousers of the following types and quantities:

36.2.1 Two sets of combination overalls; or

36.2.2 Two sets bib and brace overalls plus two drill shirts; or

36.2.3 Two sets drill trousers and two drill shirts; or

36.2.4 Work denims at cost no greater than either items 36.1.1, 36.1.2 or 36.1.3 above.

36.3 Where an employee has not sought replacement of his/her issue of protective clothing as provide in 30.1.1 above on a fair wear and tear basis within 12 months from the date of issue, then that employee shall be entitled to a re-issue of the apparel at the completion of that 12 months.

36.4 One Bluey Jacket, or other approved equivalent apparel following consultation between the enterprise and a majority of employees, shall be issued on the first occasion to a new employee between 1 May and 31 August. The replacement of such jacket shall be on a fair wear and tear basis only.

36.5 Where employees have received any of the above items from the previous enterprise by way of a Site Agreement, Industry Agreement or normal condition of employment, the above items shall not be re-issued until replacement on a fair wear and tear basis is required.

36.6 No agreements for cash in lieu of protective clothing shall be permitted.

36.7 Where the employee’s protective clothing is stolen, the enterprise may require proof of the theft before issuing replacement clothing. The proof of the theft may be in the form of a Statutory Declaration from the employee.

36.8 Where an employee claims to have not been issued with protective clothing by a previous enterprise, the new enterprise may require all necessary details from the employee to validate the claim. These details may be supplied in the form a Statutory Declaration by the employee at the enterprise’s request.

36.9 Irrespective of the enterprise, the protective clothing and footwear as outlined in 36.1 and 36.2 will be replaced on a fair wear and tear basis upon receipt of issued clothing.

36.10 The enterprise shall keep a record of the type of protective clothing issued, including the date of issue. The employee shall sign for such issues, and these details shall be available upon request by employees.

36.11 In the event of protective clothing/equipment being supplied and not worn whilst working (without reasonable cause), the employee and the employee representative shall discuss the matter with a view to ensure the wearing of such.

36.12 Further failure to do so shall prohibit the employee from any further entitlement.

36.13 While not being part of any issue of protective clothing/equipment, enterprises shall be required to provide the following protective equipment (SAA approved) for use, when necessary, by employees during the performance of their required duties:

36.13.1 safety helmets;

36.13.2 ear/hearing protection;

36.13.3 gloves;

36.13.4 skin protective cream/sun screen (15+ rating)

36.14 In addition, one pair of UV-rated safety glasses or UV rated ‘clip-ons’ suitable to overlay prescription spectacles, shall be made available for employees who are required to work on reflective surfaces such as:

36.14.1 metal decking;

36.14.2 large concrete slabs exposed to sunlight;

36.14.3 roofing;

36.14.4 curtain walling.

COMPENSATION OF TOOLS OF TRADE AND CLOTHES

37.1 An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances will be paid such amount to cover the loss thereby suffered by him/her as may be agreed upon between him/her and the enterprise.

37.2 An employee will be reimbursed by the enterprise to a maximum of $1310.00 for loss of tools or clothing by fire or breaking and entering whilst securely stored at the enterprise’s direction in a room or building on the enterprise’s premises, job or workshop, or if the tools are lost or stolen while being transported by the employee at the enterprise’s direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee’s absence after leaving the job because of injury or illness,. An employee transporting his/her own tools will take all reasonable care to protect those tools and prevent theft or loss.

37.3 Where an employee is absent from work because of illness or accident and has advised the enterprise in accordance with clause 24 – Personal leave, the enterprise will ensure that the employee's tools are securely stored during his/her absence. In the event that these tools are lost or stolen, 37.2 applies.

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

37.5 For the purposes of this clause:

37.5.1 Only tools used by the employee in the course of his/her employment will be covered by this clause.

37.5.2 The employee will, if requested to do so, furnish the enterprise with a list of tools so used.

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

37.5.4 The employee will report any theft to the police prior to making a claim on the enterprise for replacement of stolen tools.

CONSULTATIVE MECHANISMS

38. Effective consultation is essential for continuous workplace reform and such consultation can take place at any time during the life of a project. Consultative Committees may be set up on larger projects for this purpose. The Consultative Committee will operate for the purpose of continually assessing the efficiency of working arrangements, monitoring the outcomes of this Agreement, coordinating training activities and sharing pertinent information.

OPERATION OF OCCUPATIONAL HEALTH AND SAFETY ACT, REGULATIONS AND CODES OF PRACTICE

39.1 The parties to this Agreement shall in addition to ensuring compliance with OH&S legislation (including Regulations, and Codes of Practice), implement the best achievable level of health and safety. Particular emphasis will be placed on the establishment of consultative mechanisms which will include:

39.1.1 The election of health and safety representatives who will represent employees in negotiations on health and safety matters, and

39.1.2 an occupational health and safety committee,

39.1.3 training issues including specific hazards, health and safety systems, and site induction.

39.2 In the event that changes to occupational health and safety practices are deemed necessary by either party the issue shall be referred to a consultative mechanism.

SITE SAFETY CONSULTATIVE MECHANISMS

40.1 Safety supervisor

40.1.1 On every job site, where the enterprise is the principal contractor it shall appoint a member of its staff to act as the Safety Supervisor. The Safety Supervisor shall be given the necessary authority to ensure that all safety laws, procedures or Codes of Practice are observed, and that the following Safety Agreement is applied.

40.1.2 The person appointed shall be experienced in the work being performed. Other duties may be assigned by the Company to a Safety Supervisor, provided that such duties shall not prevent him/her from exercising his/her duties as a Safety Supervisor.

40.2 Workers’ health and safety representatives

40.2.1 On every job site, Health and Safety Representative/s may be elected in accordance with the OH&S Act.

40.2.2 A Health & Safety Representative will be allowed reasonable paid time during working hours to attend to job matters affecting employees he/she represents providing that the Representative informs their manager and agreement is reached. At all other times the Representative will perform productive work within his/her range of qualifications and competencies.

40.3 Duties of Safety Supervisor and Health & Safety Representative/s

The Safety Supervisor and the Health & Safety Representative/s elected under the OHS Act shall be responsible for carrying out regular safety inspections, investigating safety complaints, taking all steps to ensure that safe work practices are observed, and that safety laws, procedures or Codes of Practice are strictly observed.

40.4 Safety Committee

40.4.1 A Health and Safety Committee may be established on a job.

40.4.2 Where a Health and Safety Committee is established on a job, it shall include the Enterprises Safety Supervisor and the Health and Safety Representative/s.

40.4.3 The Health and Safety Committee may, by agreement, include additional Workers’ Representatives and Enterprise Representatives of significant sub contractors.

40.4.4 The Health and Safety Committee shall meet as often as is necessary to provide an overview of safety on the job, and assist in the promotion of a safe working environment on the job site. The Safety Committee shall minute the meetings and determine an action plan for the rectification of unsafe items.

PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS

This procedure shall be followed in good faith and without unreasonable delay. If an issue is not settled by observance of this procedure, or if the procedure is disregarded by either party, the matter may be submitted to the Building Industry Consultative Committee Disputes Panel for resolution. Nothing in this Agreement shall take precedence over the Occupational Health & Safety Act 2004 (as amended).

41.1 Parties to the resolution of issues

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

(a) notify the Employees of the nominations in the manner that is, and in the languages that are, appropriate; and

(b) notify in writing the health and safety committee of the nominations.

41.1.2 At any stage in the resolution of an issue, any party may call in the employee/enterprise representative or advisor to assist the parties to resolve the issue.

41.2 Procedure for reporting issues

41.2.1 If an Employee wishes to raise a health and safety issue in a workplace, that employee must report it to the health and safety representative or the enterprise’s supervisor.

41.2.2 If the health and safety representative is not able to be contacted, an Employee wishing to raise a health and safety issue in a workplace, must report it to the enterprise’s safety supervisor or another enterprise representative.

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

41.2.4 If the enterprise identifies a health and safety issue it may report it to the health and safety representative.

41.3 Procedure for resolving issues

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

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

(a) whether the hazard or risk can be isolated;

(b) the number and location of Employees affected by it;

(c) whether appropriate temporary measures are possible or desirable;

(d) whether environmental monitoring is desirable;

(e) the time that may elapse before the hazard or risk is permanently corrected;

(f) who is responsible for performing and overseeing the removal of the hazard or risk.

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

41.3.4 As soon possible after the resolution of an issue, details of the agreement must be brought to the attention of affected employees in an appropriate manner.

41.4 Direction to cease work

41.4.1 If

(a) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of an enterprise; and

(b) the issue concerns work which involves an immediate threat to the health or safety of any person; and

(c) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in 41.3 of this Agreement;

the enterprise or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease.

41.4.2 During any period for which work has ceased in accordance with such a direction, the enterprise may assign any Employees whose work is affected to suitable alternative work.

41.5 Inspector may be requested to attend workplace

41.5.1 If an issue is not resolved under 41.3 of this Agreement, within a reasonable time, or an issue is the subject of a direction under 41.4 of this Agreement that work is to cease, any of the parties attempting to resolve the issue may ask the WorkSafe Victoria to arrange for an inspector to attend at the workplace as soon as practicable to enquire into the issue.

41.5.2 If:

(a) the inspector issues a prohibition notice; or

(b) otherwise determines that there was reasonable cause for employees to be concerned for their health or safety,

an employee who, as a result of the issue arising, does not work for any period pending its resolution but would otherwise be entitled to be paid for that period continues to be entitled to be paid for that period if relocation is not available.

41.6 Rectification of safety hazard

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

41.6.2 This would not be applicable on normal housekeeping work or where a section of the site has been declared unsafe and normal rectification occurs whilst the remainder of the site carries on working. It is agreed that any ‘housekeeping’ work performed on projects is to be paid at single time rate.

OPERATION OF LIFT

42. During temporary stoppage of the passengers/materials lift, the employees are expected to walk to their place of work to a maximum of four (4) levels to work in their respective classification, and no industrial action or dispute should take place.

SITE ALLOWANCE PROCEDURE

43.1 This procedure shall apply to construction work in the commercial/industrial sector of the building industry in the State of Victoria. Further, it is expressly agreed by the parties to this procedure that Site Allowances will not be claimed on any project where the project value is below $2.4 million.

43.2 In addition to the wage rates and allowances prescribed, the enterprise shall pay to employees (as defined in this Agreement) extra rates as set out in the special rates set out in Appendix A of this Agreement for the period when individual employees incur those specifically included in the Site Allowance applicable to a project.

43.3 Subject to the foregoing, where a union on behalf of its members, requests an enterprise to consider a claim for payment of a Site Allowance, such Site Allowance shall be determined either by:

43.3.1 Geographic location if the project is contained within the City of Melbourne as defined; or 43.3.2 The amount contained in 43.8.

43.4 A Site Allowance shall be paid at the appropriate rate per hour flat for hours worked, to compensate for all special factors and/or disabilities on a project and in lieu of the following special rates - confined space, wet work, dirty work, second-hand timber and fumes. Special rates and disability payments (other than mentioned above) shall be applied as and when incurred, in accordance with Appendix A.

43.5 It is agreed by the parties that all new projects will be covered by the Site Allowance rates contained in this Agreement.

43.6 Site Allowances applicable:

43.6.1 The minimum project value, below which NO Site Allowance is payable, is $2.5m as at 1 October 2009.

43.6.2 On sites which do not attract this Site Allowance, employees are entitled to be paid the relevant disability payments as the disability may arise in accordance with Appendix A of this Agreement.

43.7 City of Melbourne (as defined in 43.14)

43.7.1 New projects

43.7.1(a) $2.5m up to $197.7m: $3.55 per hour worked- over $197.7m: as per clause 43.8;

43.7.1(b) renovations, restoration &/or refurbishment work $3.10 per hour worked;

43.7.1(c) the site allowance on projects which are a combination of new and renovation work, shall be governed by the majority of work involved. For example, where the majority of work is new work, then the Site Allowance appropriate to new work shall be paid for all employees on the project.

43.8 New projects Victoria

Project value $ m	Site allowance per hour

2.5m - 6.7m	$2.00
6.7m - 16.4m	$2.20
16.4m – 33.0m	$2.45
33.0m – 65.9m	$2.90
65.9m – 131.9m	$3.45
131.9m – 197.7m	$3.55
197.7m – 263.6m	$3.65
263.6m – 395.5m	$3.75

For projects $395.5 million, there shall be an increment of 10 cents per additional $100m or part thereof.

43.9 All new Docklands projects are to be in accordance with the new scale of Site Allowances. Existing projects at Docklands are to remain unchanged regarding site allowance and working hours.

43.10 The Rates shall be reviewed no later than 30 September 2010 and thereafter for each subsequent year of the Agreement taking account of the CPI movement and the economic circumstances prevailing in the industry at that time.

43.11 The Site Allowance values and project values in this clause shall be adjusted by the CPI (All Groups, Melbourne), effective from 1 October 2010 and for each year thereafter according to the above CPI movement for the preceding period July to June in each year.

43.12 The Site Allowance shall be adjusted up or down to the nearest 5 cents, and Project value to the nearest $100,000.

43.13 It is agreed by the parties that no allowance shall be claimed on any project, regardless of its location, where the project value is below $2.5 million.

43.14 In all cases where the parties fail to reach agreement on the Project Site Allowance to apply to a particular site or project, then such disagreement shall be referred to the Chairperson of the Victorian Building Industry Disputes Panel for determination.

43.15 In determining the rate, the Panel Chairperson shall have regard to the Site Allowance Guidelines, and shall not deviate from these Guidelines unless there are special and exceptional circumstances. Special and exceptional circumstances may include working on projects where disabilities not comprehended in the Site Allowance procedure described herein exist. This may include where predominately contract metal trades construction/maintenance work is being carried out. Where the procedures prescribed by this Clause are being followed, work shall continue normally. In the event of employees taking industrial action in pursuance of a claim the date of operation of the Project Site Allowance shall not commence before the date on which the employees cease industrial action.

43.16 Any Site Allowance that is determined in accordance with 43.14 and 43.15 above shall be incorporated into the Agreement in accordance with the Fair Work Act.

43.17 City of Melbourne definition

For the purposes of determining Site Allowance in accordance with this Agreement, the boundaries of the City of Melbourne are defined as follows:

43.17.1 Commencing at the point where Citylink (Tullamarine Freeway) intersects Racecourse Road, proceed east along Racecourse Road, Elliott Avenue, Macarthur Road Cemetery Road West, Cemetery Road East and Princes Street to Nicholson Street. Then south on Nicholson Street to Victoria Parade. In Victoria Parade, proceed east to Punt Road, then south along Punt Road to the St Kilda Junction. From the St Kilda Junction proceed along Fitzroy Street to Beaconsfield Parade, and then north-west along Beaconsfield Parade, Beach Street and The Boulevarde and following the waterline to Lorimer Street, and then east along Lorimer Street as far as Citylink (Western Link). Follow Citylink north to Racecourse Road to complete the boundary.

43.17.2 The City of Melbourne zone will also include the area bounded by Nicholson Street, Victoria Parade’ Hoddle Street, and Alexandra Parade.

43.17.3 Where one boundary of a project fronts at least one of the above streets, then such project is deemed to be within the City of Melbourne.

43.18 Shopping centres

The general terms and provisions of this Agreement shall apply to Shopping Centres (as defined) with the following variations:

43.18.1 Site allowance

All new construction and extension/refurbishment work having a project value in excess of $2.5m will attract the then current City of Melbourne Site Allowance.

43.18.2 Hours of work - on shopping centres A 36 hour/9 day fortnight shall apply.

HEARING TESTS

44. Audiometric tests should be conducted within two months of a person commencing employment, and thereafter at intervals of two years.

HEPATITIS A and B SHOTS

45. Employees will be offered Hepatitis A shots and/or Hepatitis B shots in areas where Hepatitis A and/or Hepatitis B may be contracted. The enterprise will pay the cost of such shots.

REHABILITATION OF INJURED WORKERS

46. The parties to this Agreement shall ensure that any employee who sustains a work related injury, illness or disease, will be afforded every assistance in utilising a rehabilitation program aimed at returning that employee to meaningful employment within the industry.

CHRISTMAS CLOSEDOWN

47.1 In the construction sector Christmas shutdown shall be observed as per the industry calendar.

47.2 It is a breach of this Agreement for an employee to be paid his/her full accrual, or part thereof, of annual leave at Christmas or any other time, unless that employee takes such annual leave or his/her employment is terminated. Employment is not to be terminated for reasons of avoidance of this subclause.

48. JURY SERVICE

An employee required to attend for jury service will be entitled to have his/her pay made up by the enterprise to equal his/her ordinary pay as for eight hours (inclusive of accrued entitlements prescribed by clause 18 – Hours of work) per day plus fares whilst meeting this requirement. The employee will give the enterprise proof of such attendance and the amount received in respect of such jury service.

49. DISPUTES RESOLUTION PROCEDURE

49.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter or any matters arising out of the operation of the Agreement or disputes concerning the National Employment Standards or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement or disputes concerning the National Employment Standards (or any other dispute related to the employment relationship) shall be dealt with according to the following procedure.

49.2 In the event of any work related grievance arising between the enterprise and an employee or employees, the matter shall be dealt with in the following manner where at each step an employee may be represented including for the purposes of a formal determination procedure by Fair Work Australia:

a. The matter shall be first submitted by the employee/s or his/her employee representative or other representative to the site foreperson, supervisor or the other appropriate site representative of the Enterprise, and if not settled, to a more senior enterprise representative.

b. Alternatively, the Enterprise may submit an issue to the employee/s who may seek the assistance and involvement of the employee representative or other representative.

c. Work shall continue without interruption from industrial stoppages, bans and/or limitations while these procedures are being followed. The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure.

d. If still not resolved, there may be discussions between the relevant Employee Representative official (if requested by the employee/s), or other representative of the employee, and senior enterprise representative.

e. The relevant Employee Representative commits to make him/herself available to be involved at any stage of the procedure as required, or in respect of any potential dispute.

f. Should the matter remain unresolved either of the parties or their representative shall refer the dispute at first instance to the Victorian Building Industry Disputes Panel (which shall deal with the dispute in accordance with the Panel Charter).

g. Either party may, within 14 days of a decision of the Panel, refer that decision to the Fair Work Australia (FWA) for review. The FWA may exercise its conciliation and/or arbitration powers in such review.

49.3 Any outcome determined by the Victorian Building Industry Disputes Panel or the FWA pursuant to this procedure will not be inconsistent with the Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry, the Fair Work Act 2009 or the Building and Construction Industry Improvement Act 2005.

49.4 This procedure shall be followed in good faith without unreasonable delay.

49.5 If any party fails or refuses to follow any step of this procedure the non breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the FWA.

Conciliation

The person(s) who raised the dispute, or his or her expressly nominated representative (organisation or agent), may refer the dispute to the FWA for private conciliation.

Before the process commences the FWA may confer with the parties informally about matters of procedure, such as:

the presentation of each side’s position (whether oral or in writing);
confidentiality requirements
representation at the private conciliation;
timing, location ( on site?) and duration of the conciliation;
whether a telephone conference is all that is needed in the first instance; and
any further particulars about the FWA’s role in relation to establishing procedures.

Subject to the preceding clause, it is agreed that the FWA will observe confidentiality about all aspects of the dispute, and, consistent with its expected role to this point, may do such things as:

help the parties identify and define the matters in dispute;
help the parties to develop a procedure which is aimed at achieving resolution of the dispute quickly, fairly and cost-effectively;
where appropriate, suggest particular dispute resolution techniques for individual issues aimed at narrowing the matters in dispute quickly, fairly and cost-effectively;
act as the facilitator of direct negotiations between the parties.

The parties further agree that during the conciliation, the FWA may, at its discretion, discuss the matter(s) in dispute privately with any of the parties to the dispute or their representatives. The FWA shall keep confidential the content of any such discussion, and shall not expressly or impliedly convey the content of such discussion (or part thereof) unless specifically authorised to do so.

If the FWA is of the view that having completed the above process the matter(s) in dispute remains unresolved, it may:

make suggestions for resolution of the dispute;
express opinions as to what would constitute a reasonable resolution of the dispute, or any part thereof; or
if the matter in dispute is not resolved, it may within seven (7) days of notice of termination provide a written report to the parties expressing the FWA’s opinion of what would constitute a reasonable resolution of the dispute, or any part thereof.

Any function performed by the FWA in this regard is advisory only, and is not binding upon the parties.

Formal Determination

If the matter(s) in dispute remain unresolved the FWA may make a formal determination.

The parties agree to abide by the determination.

An employee/s may be represented for the purposes of a formal determination procedure by Fair Work Australia.

Before making its determination the FWA will give the parties an opportunity to be heard formally on the matter(s) in dispute. In making its determination the FWA will only have regard to the materials, including witness evidence, and submissions put before it at the hearing and will disregard any admissions, concessions, offers or claims made in mediation.

The FWA can make and issue directions in relation to the process leading to its determination and the parties will abide by those directions.

The FWA will provide the determination in writing to the parties as quickly as practicable after hearing the parties. A determination of the disputed matter or matters will not constitute an order by the FWA under the Fair Work Act 2009.

49.6 This procedure shall be followed in good faith without unreasonable delay.

49.7 If any party fails or refuses to follow any step of this procedure the non breaching party will not be obligated to continue through the remaining steps of the procedure, and may immediately seek relief by application to the FWA.

CONSULTATION

50.1 This term applies if:

50.1.1 the Enterprise has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its enterprise; and

50.1.2 the change is likely to have a significant effect on employees of the enterprise.

50.2 The Enterprise must notify the relevant employees of the decision to introduce the major change.

50.3 The relevant employees may appoint a representative for the purposes of the procedures in this term. If:

50.3.1 a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and

50.3.2 the employee or employees advise the Enterprise of the identity of the representative; the Enterprise must recognise the representative.

50.4 As soon as practicable after making its decision, the Enterprise must:

50.4.1 discuss with the relevant employees:

50.4.1(a) the introduction of the change; and

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

50.4.1(c) measures the Enterprise is taking to avert or mitigate the adverse effect of the change on the employees; and

50.4.2 for the purposes of the discussion - provide, in writing, to the relevant employees:

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

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

50.4.2(c) any other matters likely to affect the employees.

50.5 However, the Enterprise is not required to disclose confidential or commercially sensitive information to the relevant employees.

50.6 The Enterprise must give prompt and genuine consideration to matters raised about the major change by the relevant employees.

50.7 If a term in the enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the Enterprise, the requirements set out in subclauses 50.2, 50.3 and 50.4 are taken not to apply.

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

50.8.1 the termination of the employment of employees; or

50.8.2 major change to the composition, operation or size of the Enterprise’s workforce or to the skills required of employees; or

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

50.8.4 the alteration of hours of work; or

50.8.5 the need to retrain employees; or

50.8.6 the need to relocate employees to another workplace; or

50.8.7 the restructuring of jobs.

50.9 In this term, relevant employees means the employees who may be affected by the major change.

WORKPLACE FLEXIBILITY

51.1 The terms in clause 51. of the Agreement may be varied by an individual flexibility arrangement (“IFA”).

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

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

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

51.2.3 The IFA must be genuinely agreed to by the employer and the employee;

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

51.2.5 The IFA must be able to be terminated:

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

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

51.2.6 The IFA must be in writing and signed:

51.2.6.1 in all cases—by the employee and the employer; and

51.2.6.2 if the employee is under 18—by a parent or guardian of the employee; and

51.2.7 The IFA must be given to the employee within 14 days after it is agreed to.

51.3 It is a very serious breach of this Agreement if the Employer enters into an IFA and the above conditions are not satisfied.

51.4 The terms that may be subject to an IFA are:

51.4.1 Clause - Salary Sacrificing - Clause 11.7

51.4.2 Clause - Leading Hands Allowance - Clause A.10

SIGNATORY PAGE ONLY

APPENDIX A - WAGES AND ALLOWANCES

A.1 WAGES AND ALLOWANCES SCHEDULE

Registration allowance, plumbing trade allowance, industry allowance and tool allowance are included in the hourly rates below. The definitions of these allowances are set out in Appendix D of this Agreement.

A.1.1 Wages

A.1.1(a) The below rates will apply until 28 February 2009

	Plumber	Unregistered Plumber	Irrigation Installer	Plumbers Labourer

Hourly Rate	$31.33	$30.57	$29.66	$27.71
Total Weekly	$1,127.88	$1,100.52	$1,067.76	$997.56
Fares (per day)	$14.77	$14.76	$14.76	$24.27
Travel (per day)	$23.50	$22.93	$22.25
OVERTIME
2 time	$62.66	$61.14	$59.32	$55.42
2 ½ time	$78.33	$76.43	$74.15	$69.28

A.1.1(b) The below rates will apply from the first pay period commencing on or after 1 March 2009

	Plumber	Unregistered Plumber	Irrigation Installer	Plumbers Labourer

Hourly Rate	$33.07	$32.27	$31.30	$29.23
Total Weekly	$1,190.52	$1,161.36	$1,126.80	$1,052.28
Fares (per day)	$15.66	$15.66	$15.66	$25.73
Travel (per day)	$24.80	$24.20	$23.48
OVERTIME
2 time	$66.14	$64.54	$62.60	$58.46
2 ½ time	$82.68	$80.68	$78.25	$73.08

A.1.1(c) The below rates will apply from the first pay period commencing on or after 1 March 2010

	Plumber	Unregistered Plumber	Irrigation Installer	Plumbers Labourer

Hourly Rate	$34.73	$33.88	$32.87	$30.70
Total Weekly	$1,250.28	$1,219.68	$1,183.32	$1,105.20
Fares (per day)	$16.44	$16.44	$16.44	$27.01
Travel (per day)	$26.05	$25.41	$24.65
OVERTIME
2 time	$69.46	$67.76	$65.74	$61.40
2 ½ time	$86.83	$84.70	$82.17	$76.75

A.1.1 (d) The below rates will apply from the first pay period commencing on or after 1 March 2011

	Plumber	Unregistered Plumber	Irrigation Installer	Plumbers Labourer

Hourly Rate	$36.47	$35.59	$34.52	$32.24
Total Weekly	$1,312.92	$1,281.24	$1,242.72	$1,160.64
Fares (per day)	$17.26	$17.26	$17.26	$28.36
Travel (per day)	$27.35	$26.69	$25.89
OVERTIME
2 time	$72.94	$71.16	$69.04	$64.48
2 ½ time	$91.18	$88.95	$86.30	$80.60

A.1.2 Apprentice wage rates

A.1.2 (a) The below rates will apply until 28 February 2009

	1st Year	2nd Year	3rd Year	4th Year

Hourly Rate	$11.39	$16.15	$20.16	$25.54
Total Weekly	$410.04	$581.40	$725.76	$919.44
Fares (per day)	$13.27	$13.27	$13.27	$13.27
Travel (per day)	$2.85	$4.04	$5.04	$6.39
OVERTIME
1 ½ time	$17.09	$24.23	$30.24	$38.31
2 time	$22.78	$32.30	$40.32	$51.08
2 ½ time	$28.48	$40.38	$50.40	$63.85

A.1.2 (b) The below rates will apply from the first pay period commencing on or after 1 March 2009

	1st Year	2nd Year	3rd Year	4th Year

Hourly Rate	$12.07	$17.12	$21.37	$27.07
Total Weekly	$434.52	$616.32	$769.32	$974.52
Fares (per day)	$14.07	$14.07	$14.07	$14.07
Travel (per day)	$3.02	$4.28	$5.34	$6.77
OVERTIME
1 ½ time	$18.11	$25.68	$32.06	$40.61
2 time	$24.14	$34.24	$42.74	$54.14
2 ½ time	$30.18	$42.80	$53.43	$67.68

A.1.2(c) The below rates will apply from the first pay period commencing on or after 1 March 2010

	1st Year	2nd Year	3rd Year	4th Year

Hourly Rate	$12.67	$17.98	$22.44	$28.42
Total Weekly	$456.12	$647.28	$807.84	$1,023.12
Fares (per day)	$14.77	$14.77	$14.77	$14.77
Travel (per day)	$3.17	$4.50	$5.61	$7.11
OVERTIME
1 ½ time	$19.00	$26.97	$33.66	$42.63
2 time	$25.34	$35.96	$44.88	$56.84
2 ½ time	$31.68	$44.95	$56.10	$71.05

A.1.2 (d) The below rates will apply from the first pay period commencing on or after 1 March 2011

	1st Year	2nd Year	3rd Year	4th Year

Hourly Rate	$13.30	$18.88	$23.56	$29.84
Total Weekly	$478.80	$679.68	$848.16	$1,074.24
Fares (per day)	$15.51	$15.51	$15.51	$15.51
Travel (per day)	$3.33	$4.72	$5.89	$7.46
OVERTIME
1 ½ time	$19.95	$28.32	$35.34	$44.76
2 time	$26.60	$37.76	$47.12	$59.68
2 ½ time	$33.25	$47.20	$58.90	$74.60

A.1.3 Allowances

The allowances listed below apply from 1 March 2008. These allowances will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

Multi-Story Allowance
From 0 to 15th Floor	$0.43 per hour
From 16th to 30th Floor	$0.52 per hour
From 31st to 45th Floor	$0.79 per hour
From 46th to 60th Floor	$1.02 per hour
From 61st Floor onwards	$1.28 per hour
Leading Hand Allowance
Not more than 1 person	$0.41 per hour
2 to 5 persons	$0.91 per hour
6 to 10 persons	$1.16 per hour
Over 10 persons	$1.55 per hour
Allowances
Fares - Plumbers	$16.44 per day
Fares - Unregistered Plumber & Irrigation Installer	$16.44 per day
Fares - Plumbers labourers	$27.01 per day
Fares - 1^st, 2nd, 3rd & 4th year Plumbing Apprentice	$14.77 per day
Return Journey	$18.70 per journey
Weekend Return Home	$31.52 per occasion
Travel outside radius	$0.45 per kilometre
Transport during work hours	$0.84 per kilometre
Meal Allowance	See Appendix A.16
Tower	$0.54 per hour
Camping
per week	$151.17
per day	$21.74
Lead Burning	$1.66 per hour
Ships Plumbing	$1.17 per hour
Aluminium foil insulation	$0.44 per hour
Hot work
46ºc to 54ºc	$0.54 per hour
Exceeding 54ºc	$0.66 per hour
Cold Work	$0.54 per hour
Explosive power tools	$1.27 per day
Toxic Substances
Working with	$0.66 per hour
Working near	$0.54 per hour
Acid Plants & Chemical works	$1.93 per hour
Compute quantities	$3.88 per day
First Aid	$2.28 per day
Asbestos
Close proximity	$0.66 per hour
Eradication	$1.78 per hour
Laser Safety	$2.22 per day
Altona	$1.05 per hour
Shell Refinery	$1.05 per hour

A.2 PLUMBING TRADE and INDUSTRY PAYMENT (PTIP)

A.2.1 This payment recognizes the efficiencies and economies gained through the incorporation of allowances dealing with the following matters:

Employees accepting responsibility to statutory authority;
Insulation;
Bitumen work;
Cutting tiles;
Hospitals;
Service shafts.

as defined in Appendix D.

The PTIP payment will be paid to employees and apprentices in lieu of allowances for those matters.

A.2.2 On the 1 December 2004 the PTIP was incorporated into the hourly rate. Thereafter employees and apprentices will not be entitled to the allowances prescribed in A.2.

A.3 DEMOLITION WORK

A.3.1 Where employees covered by this Agreement are employed in connection with and on work with employees of demolition contractors on major demolition works they shall be paid $4.90 per hour in lieu of the relevant Site Allowance.

A.3.2 The elements that must be present before the allowance becomes payable are:

A.3.2.1 the employee must be performing work either in connection with demolition work or on demolition work,

A.3.2.2 the employee must be performing that work alongside the employees of a demolition contractor or contractors, and

A.3.2.3 the work must be being performed as or as part of major demolition works.

A.4 REFURBISHMENT OF MULTI-STORY COMMISSION FLATS

Where employee/s are employed in connection with refurbishment of Multi-Story Commission flats employee/s will receive a site allowance of $2.50 per hour.

A.5 WELDING ALLOWANCE

An employee who is requested by the enterprise to hold the relevant qualifications for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by the enterprise to act on such qualifications, shall be paid the following amounts:

Prior to 1 March 2009 $1.07 per hour for the 1st certificate, and an extra $0.32 for the 2^nd certificate

From 1 March 2009 $1.23 per hour for the 1st certificate, and an extra $0.34 for the 2^nd certificate

From 1 March 2010 $1.29 per hour for the 1st certificate, and an extra $0.36 for the 2^nd certificate

From 1 March 2011 $1.35 per hour for the 1st certificate, and an extra $0.38 for the 2^nd certificate

A.6 LIVING AWAY FROM HOME ALLOWANCE

A.6.1 For the purpose of this clause, a distant project is one where the location of the on-site project work is such that because of its distance or because of the travelling facilities available to and from the location it is reasonably necessary for an employee to live and sleep at some place other than his/her usual place of residence.

A.6.2 Where the enterprise sends an employee to work at a distant project, the employee may elect to:

A.6.2.1 have a single room with ensuite in a well kept establishment with two adequate meals each day provided by the enterprise and $30.00 per day for out of pocket expenses; or

A.6.2.2 be paid an allowance of $130.00 per day (paid for any part of the day) from the enterprise.

A.6.3 Where an employee is requested to work at a distant project where reasonable board and lodging is not available or where the size of the workforce is in excess of the available accommodation, alternative arrangements will be made with the consent of the employee and the employee representative.

A.6.4 At the time of engagement, the employee will provide, on the enterprise’s request, details of his/her usual place of residence, being:

- The address of the place of residence at the time of application; and

- The address of a separately maintained residence, if applicable.

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

A.6.5 Travelling expenses

An employee who is sent by the enterprise or selected or engaged by the enterprise or agent to go to a job which qualifies him/her to the provision of this clause will not be entitled to any of the allowances prescribed for fares and travelling time under this Appendix A, for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof will be paid:

A.6.5.1 Forward journey

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

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

(c) For any meals incurred while travelling at $15.00 per meal.

(d) The enterprise may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

A.6.5.2 Return journey

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

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

(c) For any meals incurred while travelling at $15.00 per meal.

(d) An amount of $17.80 to cover the cost of transporting him/herself and his/her tools from the main public transport terminal to his/her usual place of residence.

(e) The above return journey payments will not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job, or if the employee is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

A.6.5.3 Departure point For the purposes of this clause, travelling time will be calculated as the time taken for the journey from the central or regional rail, bus or air terminal nearest the employee’s usual place of residence to the locality of the work.

A.6.6 Daily fares allowance

An employee engaged on a job which qualifies him/her to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) will be paid the fares allowance prescribed in this Appendix A.

A.6.7 Weekend return home

A.6.7.1 An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the enterprise or his/her representative, no later than Tuesday of each week, of his/her intention to return to his/her usual place of residence at the weekend and who returns to his/her usual place of residence for the weekend, will be paid an allowance of $30.00 for each occasion.

A.6.7.2 A.6.7.1 will not apply to an employee who is receiving the payment prescribed in A.6.2 in lieu of board and lodging being provided by the enterprise or who is receiving a camping allowance prescribed in this Appendix A.

A.6.7.3 When an employee returns home for a weekend or part of a weekend and does not absent him/herself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in A.6.2.2 will be made.

A.6.8 Construction camps

A.6.8.1 Camp and caravan accommodation

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

Clause A.6.8.1 will not apply where the enterprise provides appropriate camp or caravan accommodation.

A.6.8.2 Camping allowance

An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $143.90 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee will be paid $20.70 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the enterprise’s approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday. This amount will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.6.8.3 Camp meal charges Where a charge is made for meals in a construction camp, such charge will be fixed by agreement between the parties.

A.6.9 Rest and recreation

A.6.9.1 Rail or road travel

An employee who proceeds to a job which qualifies him/her to the provisions of this subclause, may, after two months continuous service thereon and thereafter at three monthly periods of continuous service thereon return to his/her usual place of residence at the weekend. If the employee does so, the employee will be paid the amount of a bus or return railway fare to the bus or railway station nearest his/her usual place of residence on the pay day which immediately follows the date on which the employee returns to the job, provided no delay not agreed to by the enterprise takes place in connection with the employee’s commencement of work on the morning of the working day following the weekend. Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after expiration of any such period of two or three months, then the provisions of this subclause will not be applicable.

A.6.9.2 Limitation of entitlement

The entitlement under A.6.9.1 will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of two months provided that the employee has been notified in writing by the enterprise in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice will lie with the enterprise).

A.6.9.3 Service requirements

For the purpose of this clause service will be deemed to be continuous despite an employee’s absence from work as prescribed in this clause or as prescribed in clause 7 of this Agreement.

A.6.9.4 Variable return home

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

A.6.9.5 No payment in lieu

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

A.6.9.6 Termination

An employee will be entitled to notice of termination in sufficient time to arrange suitable transport at termination or will be paid as if employed up to the end of the ordinary working day before transport is available.

A.7 FARES, TRAVEL AND TOLLS ALLOWANCES

A.7.1 Travel time

Employees will be paid travel time allowance as prescribed in this Appendix A for each day on which they present themselves for work.

A.7.2 Summary of entitlement to fares and travel

	Travel time	Fares

Start or finish on the job using own vehicle	Yes	Yes
Start or finish on the job using public transport	Yes	Yes
Start or finish on the job provided with transport	Yes	No
Start and finish at the workshop	Yes	No
RDOs	Yes	Yes
Annual Leave	No	No
Public Holidays	No	No
Sick Leave	No	No

A.7.3 Fares and Travelling Time

When required by the enterprise, employees will start and/or cease work on the job site at the usual commencing and finishing times within which ordinary hours may be worked and will be paid at the following allowances:

A.7.3.1 Travel in own time and/or from worksite

An employee (except a plumbers’ labourer) who is required to provide his/her own transport and to travel in his/her own time to or from the work site within the defined radius from the respective centre (as defined) will receive an allowance of three quarters an hour per day travelling time calculated at ordinary time rates in addition to the amount of fares as defined for each day on which the employee presents him/herself for work on the job. Provided however, that where the enterprise provides or offers to provide transport from an agreed picking-up place to his/her place of work the said fares component will not be payable.

A.7.3.2 Commencing/finishing at workshop

In the case of an employee who is normally required to report for and finish work at the enterprise’s workshop and is transported to and from any job by the enterprise allowances will be paid in accordance with the table at A.7.2.

A.7.3.3 Employee provided with vehicle

A.7.3.3(a) Where an employee is provided with a vehicle for his/her use as transport to and from his/her home to the centre as defined to commence and cease work at the usual commencing and finishing times within which ordinary hours may be worked the employee will be entitled an allowance of three quarters of an hour per day travelling time (there is no entitlement to the fares component).

A.7.3.3(b) Where an employee is provided with a vehicle for his/her use in travelling to and from his/her home to the job site within the radii as defined to commence and finish work at the usual commencing and finishing time within which ordinary hours may be worked the employee will receive an allowance of three quarters of an hour per day travelling time calculated at ordinary time rates (there is no entitlement to the fares component).

A.7.3.4 Transport during working hours

A.7.3.4(a) Where an employee is required by the enterprise to travel to any other job site during the course of his/her daily engagement the employee will be paid all fares necessarily incurred except where transport is provided by the enterprise to and from such site, and all time spent in such travel will be regarded as time worked.

A.7.3.4(b) Where the enterprise requests an employee to use his/her own car to effect such a transfer and such employee agrees to do so the employee will be paid an allowance at the rate of 84 cents per kilometre. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.7.3.5 Travel beyond defined radius

When working on jobs beyond the defined radius from the centre for employment (as defined) the fares as defined and one quarter of an hour travelling time plus an allowance for travelling time calculated at the ordinary time rate of pay for the time required to travel to the job site and back from and to the defined radius and calculated at a speed not exceeding the legal speed limit and with a minimum payment of a quarter of an hour for each such journey. Where an employee provides his/her own transport an additional allowance of 45 cents per kilometre will be payable for the distance involved in travelling beyond the defined radius and return thereto and which will compensate for any fares incurred by public transport.

A.7.3.6 Distant work

When an employee is required to travel from his/her normal place of employment or his/her normal place of residence to a distant job (as defined) the employee will be reimbursed for all travelling expenses incurred. The mode of travel will be as directed by the enterprise provided the comfort of the employee will be of a standard not less than that of second class travel. All time spent in travelling from the normal place of employment or the employee’s normal place of residence to the distant job will be paid at the ordinary time rate of pay up to a maximum of eight hours in any one day. Where the employee is not accommodated on the actual site of the distant job his/her place of accommodation will become the centre as defined by A.7.3.7 and fares and travelling time will be paid as prescribed by A.7.3.1 and A.7.3.5 of this clause.

A.7.3.7 Definitions

A.7.3.7(a) Radii and fares

In Victoria - the radius will be 75 kilometres and the fares will be in accordance with this Appendix A.

A.7.3.7(b) Centre for employment

The enterprise’s normal base establishment or workshop, or

The G.P.O., or Principal Post Office of the cities of Ballarat, Bendigo, Geelong or Melbourne if the enterprise’s base establishment or workshop is within the defined radius from the said Post Office, or

The local Post Office closest to the enterprise’s establishment or workshop beyond the defined radius of the Post Offices listed above, or

In the case of employees sent to a distant job (as defined) the place at which such employees are domiciled with the approval of the enterprise, for that distant job.

The enterprise having selected one of the above as the centre will not change that centre without one month’s prior notice to each employee.

A.7.3.8 Entitlement

The allowance prescribed in this clause will not be taken into account in calculating overtime, penalty rates, annual or personal leave. Upon any day when the employee in accordance with the enterprise’s requirements reports for work or allocation of work and on the rostered day as prescribed in clause 18 – Hours of work, an employee will receive the fares and/or travelling time payment (if any) that the employee would normally be paid if the employee worked for the day.

A.7.3.9 Toll Costs

Where the enterprise provides the employee with an enterprise vehicle for work purposes and the enterprise requires the employee to use the toll roads the enterprise will be responsible for all toll costs. The enterprise will reimburse the employee for all toll costs. The enterprise will reimburse the employee for the cost of road tolls where the employee personally incurs such an expense while using an enterprise vehicle or using his/her own vehicle at the enterprise’s request. When the enterprise requests an itemised account the enterprise will reimburse the employee for the costs of obtaining that account.

A.8 AVAILABLILITY

The Enterprise will consult and seek agreement with the employee/s concerning the implementation, or continuation, of availability. Employee/s making themselves available for availability shall be placed on a Priority List which shall rotate weekly. Availability shall only occur after ordinary hours of work. Only employees placed on availability, and while on availability, may be called out. Employee/s shall be paid four hours minimum at double time for each call-out. In addition to the normal rates of pay and allowances, employees on availability shall receive $107.00 per week.

A.9 DISTRICT ALLOWANCES

The base rates prescribed in this Appendix A will be increased by the appropriate amount of District allowance set out below, when employees are employed in the areas defined:

District	$
Victoria – Yallourn	1.13

A.10 LEADING HAND ALLOWANCE

A person specifically appointed to be a Leading Hand (as defined) will be paid at the rate of the undermentioned additional hourly amounts above the hourly rates of the highest classification supervised, or his/her own rate, whichever is the highest, in accordance with the number of persons in his/her charge.

	Hourly Rate ($)
In charge of not more than one person	0.41per hour
In charge of two and not more than five persons	0.91 per hour
In charge of six and not more than ten persons	1.16 per hour
In charge of over ten persons	1.55 per hour

A.11 ALTONA PETRO-CHEMICAL ALLOWANCE

An employee working on construction work (as defined) within an eight km radius from the intersection of Kororoit Creek Road and Millers Road, Altona will, when employed on chemical or petro-chemical plant or on commercial or industrial construction jobs within one km of the nearest part of such plants or within the perimeter of storage tank farms be paid an all-purpose allowance of $1.05 per hour extra. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.12 SHELL REFINERY, VICTORIA

Employees working in the Shell Refinery at Corio, Geelong, Victoria, will be paid an all-purpose allowance of $1.05 per hour extra. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.13 LEAD BURNING

An employee engaged in lead-burning or lead work in connection herewith will be paid an additional $1.66 per hour. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.14 SHIP’S PLUMBING

An employee engaged on plumbing work in connection with ships will be paid an $1.17 per hour. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.15 MEALS

An employee required to work overtime for at least two and a half hours after working ordinary hours will be paid by the enterprise an amount of $15.00 to meet the cost of a meal, plus an additional $15.00 for each subsequent four hours worked. The enterprise may provide a meal or meals instead of paying any such allowance.

A.16 FIRST AID

An employee who is qualified in first aid and is appointed by the enterprise to carry out first aid duties in addition to his/her usual duties will be paid an additional rate of $2.28 per day. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.17 MULTI-STOREY WORK

A.17.1 Eligibility

A.17.1.1 A multi-storey allowance will be paid to all employees on site engaged in construction or renovation of a multi-storey building as defined herein, to compensate for the disabilities experienced in, and which are peculiar to construction or renovation of a multi-storey building.

A.17.1.2 For the purposes of this clause renovation work is work performed on existing multi-storey buildings, (as defined) and such work involves structural alterations which extend to more than two storey levels in a building and at least part of the work to be performed is above the fourth floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work.

A.17.2 Definition of multi-storey building

A.17.2.1 For the purposes of this award, a multi-storey building is a building which will, when complete, consist of five or more storey levels.

A.17.2.2 Complete means the building is fully functional and all work which was part of the principal contract is complete.

A.17.2.3 For the purposes of this clause, a storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and will include basement levels and mezzanine or similar levels (but excluding ‘half floors’ such as toilet blocks or store rooms located between floors).

A.17.2.4 Any buildings or structures which do not have regular storey levels but which are not classed as towers (e.g. grandstands, raft hangars, large stores, etc.) and which exceed fifteen metres in height may be covered by this subclause, or by A.19.5 – Towers allowance by agreement or, where no agreement is reached, by determination of the FWA.

A.17.2.5 Plant room - a plant room situated on the top of a building will constitute a further storey level if the plant room occupies 25 per cent of the total roof area or an area of 100 square metres whichever is the lesser.

A.17.3 Rates

A.17.3.1 An allowance in accordance with the following table will be paid. The second and subsequent allowance scales will, where applicable, commence to apply to all employees when one of the following components of the building - structural steel, re-inforcing steel, boxing or walls, rises above the floor level first designated in each such allowance scale.

A.17.3.2 Floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments.

From commencement of building to 15 ^thfloor level 43 cents
From 16 ^thfloor level to 30 ^thfloor level 52 cents
From 31 ^stfloor level to 45 ^thfloor level 79 cents
From 46 ^thfloor level to 60 ^thfloor level $1.02
From 61 ^stfloor level onwards $1.28

These allowances will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

The allowance payable at the highest point of the building will continue until completion of the building.

A.17.4 Service cores

A.17.4.1 All employees employed on a service core at more than fifteen metres above the highest point of the main structure will be paid the multi-storey rate appropriate for the main structure plus the prescribed towers allowance calculated from the highest point reached by the main structure to the highest point reached by the service core in any one pay period. (i.e. for this purpose the highest point of the main structure will be regarded as though it were the ground in calculating the appropriate towers allowance).

A.17.4.2 Employees employed on a service core no higher than fifteen metres above the main structure will be paid in accordance with the multi-storey allowance prescribed herein.

A.17.4.3 Any section of a service core exceeding fifteen metres above the highest point of the main structure will be disregarded for the purpose of calculating the multi-storey allowance applicable to the main structure.

A.18 SPECIAL RATES

In addition to the rates otherwise prescribed by this Agreement, the following extra rates will be paid to employees employed under this Agreement. The special rates prescribed in this Agreement will be paid irrespective of the times at which work is performed and will not be subject to any premium or penalty additions. Where more than one of the rates provides payments for disabilities of substantially the same nature then only the highest of such rates will be payable.

A.18.1 Aluminium foil insulation

Where required to work on the fixing of aluminium foil insulation roofs or walls prior to the sheeting thereof - 42 cents per hour or part thereof. Anti-glare type foil is exempted from this payment. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.2 Hot work

A.18.2.1 An employee who works in a place where the temperature has been raised by artificial means to between 46° and 54° celsius - 54 cents per hour or part thereof; exceeding 54° celsius - 66 cents per hour extra or part thereof. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.2.2 Where such work continues for more than two hours, the employee will be entitled to twenty minutes rest after every two hours work without loss of pay, not including the special rate provided by this subclause.

A.18.3 Cold work

A.18.3.1 An employee who works in a place where the temperature is lowered by artificial means to less than 0° celsius will be paid 54 cents per hour. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.3.2 Where such work continues for more than two hours, the employee will be entitled to twenty minutes rest after every two hours work without loss of pay, not including the special rate provided by this clause.

A.18.4 Explosive powered tools

An operator of explosive powered tools, as defined in this award, who is required to use an explosive powered tool, will be paid $1.27 cents for every day on which they use such a tool. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.5 Towers

An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multi-storey building), cooling tower, water tower or silo, where the construction exceeds fifteen metres in height will be paid for all work above fifteen metres - 54 cents per hour, with 54 cents per hour additional for work above each further fifteen metres. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.6 Toxic substances

A.18.6.1 Employees using toxic substances or materials of a like nature will be paid 66 cents per hour extra. Employees working in close proximity to employees so engaged will be paid 54 cents per hour extra. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.6.2 For the purpose of this subclause toxic substances will include epoxy-based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system will be deemed to be materials of a like nature.

A.18.6.3 Where an employee is using materials of the types mentioned in this sub-clause and such work continues to their meal break they will be entitled to take washing time of ten minutes immediately prior to their meal breaks. Where this work continues to the ceasing time of the day or is finished at any time prior to the ceasing time of the day, washing time of ten minutes will be granted. The washing time break or breaks will be counted as time worked.

A.18.7 Fumes

An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present will be paid such rates as are agreed, or determined in accordance with the dispute resolution procedure. Any special rate so fixed will apply from the date the enterprise is advised of the claim and thereafter will be paid as and when the fume condition occurs.

A.18.8 Asbestos

A.18.8.1 Asbestos eradication

Employees engaged in work involving the removal or any other method of neutralisation of any material which consists of, or contains asbestos will be paid, in addition to the rates prescribed in this Agreement, $1.78 per hour worked in lieu of special rates prescribed in this Appendix A, with the exception of hot work and cold work. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.8.2 Asbestos materials

Employees required to wear protective equipment (i.e. combination overalls and breathing equipment or similar apparatus) as part of the necessary safeguards required by the appropriate occupational health authority for the use of materials containing asbestos or to work in close proximity to employees using such materials will be paid 66 cents per hour extra whilst wearing such equipment. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.9 Acid plants and chemicals works

An employee engaged in plumbing work carried out on production plant in chemical works or acid plants which have been commissioned will be paid an additional $1.93 per hour. Provided that this special rate will not apply to an employee who receives the lead burning allowance. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.10 Computing quantities

Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees will be paid an additional $3.88 per day or part thereof. This allowance will not apply to an employee classified as a leading hand and receiving the allowance prescribed this Appendix A. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.11 Laser safety officer allowance

This clause will apply when laser safety equipment is utilised for work within the scope of this award. Laser will mean any device except a Class 1 device which can be made to produce or amplify electromagnetic radiation in the wavelength range from 100 nanometres to 1 millimetre primarily by the process of controlled stimulation emission. Laser Safety Officer is an employee who, in addition to the employee’s ordinary work, is qualified to perform duties associated with laser safety, and is appointed as such. Where an employee has been appointed by the enterprise to carry out the duties of a laser safety officer, the employee will be paid an allowance of $2.22 per day or part thereof whilst carrying out such duties. It will be paid as a flat amount without attracting any premium or penalty. This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

A.18.12 Tools – plumbers labourers and irrigation installers

Plumbers labourers will be reimbursed the full cost of providing any tools required to perform their designated duties. This provision does not apply if the enterprise provides the tools necessary for the performance of the designated duties.

Irrigation installers will be reimbursed the full cost of providing any tools required to perform their designated duties. This provision does not apply if the enterprise provides the tools necessary for the performance of the designated duties.

This allowance will be adjusted annually on 1 March (2009 – 2011) based on the January to December Consumer Price Index of the previous year from the Australian Bureau of Statistics (all groups, Melbourne).

APPENDIX B - INCLEMENT WEATHER

B.1.1 This inclement weather clause sets out the full rights, obligations and entitlements of the parties and establishes the conditions under which payment for periods of inclement weather will be made.

B.1.2 Definition - inclement weather

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

B.1.3 Restriction of payment

An employee will not be entitled to payment for inclement weather as provided for in this clause unless the employee remains on the job until the provisions set out in this clause have been observed.

B.1.4 The parties agree that all necessary steps will be taken to ensure a full working understanding of the inclement weather standards, as contained in this Agreement, is achieved and maintained by the management and workers.

B.1.5 Should a portion of the project be affected by inclement weather, all other employees not affected will continue to work in accordance with the appropriate agreement provisions, regardless that some employees may be entitled to cease work due to inclement weather.

B.1.6 Should a portion of the project be affected by inclement weather, employees can be transferred to another work location under cover on the site or to another site in accordance with the provisions prescribed herein.

B.1.7 It is agreed by the parties that prior to any employee leaving the site due to inclement weather, consultation will take place between a majority of employees, the employee representative and Site Management.

B.1.8 Conference requirement and procedure

B.1.8.1 The enterprise, or the enterprise’s representative, will, when requested by the employees or a representative of the employees, confer (within a reasonable period of time which should not exceed 30 minutes) for the purpose of determining whether or not conditions are inclement. Weather will not be regarded as inclement unless it is agreed at such conference.

B.1.8.2 Provided that if the enterprise or the enterprise’s representative refuses to confer within such reasonable period, employees will be entitled to cease work for the rest of the day and be paid inclement weather.

B.1.9 Hot weather guidelines

For the purposes of site-based discussions regarding the need to plan and perform work during expected periods of hot weather, the following issues will be considered in conjunction with proper consideration of Occupational Health and Safety issues.

B.1.10 Definition

B.1.10.1 Under this Agreement, temperatures of or above 35 degrees C will be defined as constituting ‘inclement weather’ for work in Victoria.

B.1.10.2 During periods of hot weather, work in air-conditioned environments will continue, subject to amenities being located adjacent to or within a reasonable distance from the workface. It is recognised that during periods of hot weather, some tasks/workers may be relocated prior to 35 degrees C due to OH&S considerations but other tasks may continue up until 35 degrees C.

B.1.11 Temperature measurement

Temperature will be measured by the nearest relevant automatic Melbourne Bureau of Meteorology Monitoring Station for example (but not limited to): Melbourne, Moorabbin, Dunns Hill, Melbourne Airport, Frankston, and Point Wilson. At the commencement of each project, the onsite management and Employee representative will agree which is to be the applicable automatic weather monitoring station. Alternatively, where the parties agree an on-site temperature measuring station may be used.

B.1.12 Working arrangements

B.1.12.1 As part of a process leading to improvements, it is recognised that hot weather procedures including relocation, must be part of the formal OH&S procedures developed, adopted and managed on a project basis having regard for the different conditions that may prevail on projects in various locations.

B.1.12.2 When the temperature approaches 35 degrees C, the consultative process outlined in Clause 1.9 will occur, with an intention that employees may leave site if the temperature actually reaches 35 degrees C.

B.1.13 Interpretation and application of guidelines

B.1.13.1 It is jointly agreed that the site representatives are empowered to implement the guidelines as per the scope provided.

B.1.13.2 It is jointly agreed that refresher training to explain the interpretation and application of the inclement weather clauses is to be conducted to ensure correct use.

B.1.14 Restrictions on payments

An employee will not be entitled to payment for inclement weather as provided for in this clause unless the employee remains on the job until the provisions set out in this clause have been observed.

B.1.15 Entitlement to payment

An employee will be entitled to payment by their enterprise for ordinary time lost through inclement weather for up to, but not more than 32 hours in every period of four weeks. The following conditions will apply:

B.1.15.1 The first period will commence on the first Monday on or after the 1st January each year, and subsequent periods will commence at four weekly periods thereafter.

B.1.15.2 The employee will be credited with 32 hours at the commencement of each four weekly period. Hours will not accumulate or be carried over.

B.1.15.3 If an employee commences employment during a four weekly period they will be credited eight hours for each week, or part of a week, that the employee is employed during the four weekly period.

B.1.15.4 The number of hours credited to an employee will be reduced by the number of hours for which payment is made. B.1.15.5 Payment under this clause will be weekly.

B.1.16 Transfers

Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather subject to the following:

B.1.16.1 Employees may be transferred from one location on a site to work in areas that are not affected by conditions of inclement weather even though there may not be work for all employees in such areas.

B.1.16.2 Employees may be transferred from one site to another site and the enterprise provides, where necessary, transport.

B.1.16.3 Where an employee is required to transfer from one site to another the employee will be reimbursed the cost of transport except where the enterprise provides transport.

B.1.16.4 The employee representative will co-operate in facilitating this transfer.

B.1.17 Cessation and resumption of work

B.1.17.1 At the time employees cease work due to inclement weather the enterprise or the enterprise representative on site and the employee’s representative will agree and note the time of cessation of work.

B.1.17.2 At the time the period of inclement weather has clearly ended the employees will resume work and the time will be similarly agreed and noted.

B.1.18 Safety

B.1.18.1 Where an employee is prevented from working at the employee’s particular function as a result of unsafe conditions caused by the inclement weather, the employee may be transferred to other work in the employee’s classification on site, until the unsafe conditions are rectified. Where such alternative is not available and until the unsafe conditions are rectified, the employee will remain on site. The employee will be paid for such time without reduction of the employees’ inclement weather entitlement.

B.1.18.2 It is agreed by the parties that prior to any employee leaving the site due to inclement weather, consultation will take place between the employee Representative/s and Site Management.

B.1.19 Additional wet weather procedure

B.1.19.1 Remaining on site

Where, because of wet weather, the employees are prevented from working:

B.1.19.1(a) for more than an accumulated total of four hours of ordinary time in any one day; or

B.1.19.1(b) after the meal break, for more than an accumulated total of 50% of the normal afternoon work time; or

B.1.19.1(c) during the final two hours of the normal work day for more than an accumulated total of one hour, the enterprise will not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

In this clause, a dry area will mean a work location that has not become saturated by rain or where water would not drip on the employees.

B.1.20 Rain at start time

Where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunchtime, and it is raining, they will not be required to go to work in a dry area or to be transferred to another site unless:

B.1.20.1 The rain stops; or

B.1.20.2 A covered walkway has been provided; or

B.1.20.3 The sheds are under cover and the employees can get to the dry area without going through the rain.

In this clause, a dry area will mean a work location that has not become saturated by rain or where water would not drip on the employees.

B.1.21 Employees required to work in inclement weather

B.1.21.1 Except as provided in this subclause an employee will not work or be required to work in inclement weather.

B.1.21.2 Employees required to work in inclement weather will only be 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.

B.1.21.3 Where the enterprise requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing except where the enterprise provides such protective clothing.

B.1.21.4 If the employees clothing becomes wet as a result of working in wet weather and the employee does not have a change of dry work clothes, the employee will be entitled, at the completion of the work, to cease work for the day without loss of pay.

APPENDIX C - BUILDING INDUSTRY WORKING DAY CALENDAR 2009/2010/2011

C.1 The calendar for 2010 is attached.

C.2 While the schedule of RDO’s prescribed will be observed, the enterprise and the employee/s and the employee representative acknowledge that there may be occasions when a more flexible arrangement for the taking of RDO’s may be appropriate.

C.3 Such an occasion would be expected to improve productivity and enhance the employment prospects of the employees.

C.4 With the consent of a majority of employees and at least with seven days prior to the scheduled RDO the enterprise may carry out selected work using employees on a voluntary basis.

Christmas closedown	Last day of work	First day of return
2010/2011	17 December 2010	To be confirmed
2011/2012	To be confirmed	To be confirmed

APPENDIX D – ADDITIONAL DEFINITIONS

Registration Allowances

Employees registered in accordance with the relevant legislation will be paid a registration allowance to compensate for the responsibilities imposed by holding and maintaining registration.

Plumbing Trade Allowance

The plumbing trade allowances will be paid to compensate for the following classes of work whether or not such work is performed in any one week:

work requiring a swing scaffold, swing seat or rope, or on a ladder exceeding eight metres in height;
clearing stoppages in soil or waste pipes, or sewer drain pipes, also repairing and putting same in proper order;
work in any confined space;
work in wet places;
dirty or offensive work.

Employees in who are engaged as irrigation installers will be paid an allowance to compensate for the following classes of work whether or not such work is performed in any one week:

- work in any confined space;

- work in wet places;

- dirty or offensive work;

- work in a place where fumes of sulphur or other acid or other offensive fumes are present;

- disabilities associated with the wearing of protective equipment during the use of toxic substances.

Industry Allowance

An allowance to compensate for the following disabilities associated with construction work (as defined).

Climatic conditions when working in the open air on all types of work.
The physical disadvantage of having to climb stairs or ladders.
The disability of dust blowing in the wind, brick dust and drippings from newly-poured concrete.
Sloppy and muddy conditions associated with the initial stage of the erection of a building.
The disability of working on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold, or a bosun’s chair.
The lack of the usual amenities associated with factory work (e.g. meal rooms, change room, lockers).

Tool Allowance

An allowance to compensate for the purchase and maintenance in efficient working order of the tools specified below for plumbers and gasfitters:

One pair each of the following:

150mm, 225mm, and 300mm footprints; 250mm stillsons, multigrips or gas pliers; 200mm combination pliers; 250mm vice grip pliers; 200mm pincers; 250mm and 300mm straight snips; 175mm and 250mm curved snips; 200mm dividers.

One set each of the following:

flat spanners - 6mm to 16mm; ring spanners - 6mm to 16mm; seaming tools - 6mm, 8mm and 10mm; keyhole saw and blades; wood bits - 6mm, 8mm, 10mm, 11mm, 16mm, 22mm, 25mm and 28mm.

One each of the following:

250mm and 200mm screwdrivers; 285g tack hammer; 450g ball peine hammer; 680g clawhammer; 1.36 kg gympie hammer; 250mm bevel square; 300mm set square; 450g and 565g soldering irons; 1 metre folding rule; line level 27.24 kg string line, 450g plumb-bob and line; 300mm wood brace; hand drill to take up to 6mm drill; 13mm and 25mm wood chisels; 13mm x 19mm block and pin; 150mm and 300mm adjustable wrenches; 200mm and 300mm rasps and handles; hacksaw; 150mm ladle; 100mm taper turnpin; drawknife; shavehook; bent boxwood dresser; straight boxwood dresser; 600mm spirit level; boxwood bossing mallet; crocks expander for copper; bent bolt; pointing trowel; 3mm rivet set; basin spanner; centre punch; prick punch; nail bag; tool bag; padlock; plugging chisel; 6mm, 13mm and 19mm cold chisels; 10mm, 13mm and 25mm star drills; and hollow punches.

An employee will only be required to have available at any time those tools specified above as are necessary for the proper performance of the work or the job being done by him/her.

Other tools and equipment

If an employee is requested to provide any or all of the tools or equipment listed below he/she will be entitled to a further allowance. Caulking-irons; drilling frame and chain; tap key; chain wrenches; files; grips or tongs of over 300mm in length; hacksaw blades; mandrils; dummies; metal pots; pipe cutters; plumbing irons; ratchets; stocks; dies; drills for stone other than star drills; taps and drills for brass or iron threads; vices; blow lamps; L.P.G. kits or similar heating equipment. This provision does not apply if the enterprise provides the tools necessary for the performance of the designated duties.

Insulation

Handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, limpet fibre, vermiculite or other recognised insulating materials of a like nature, associated with similar disabilities in its use. This will also apply to an employee working in the immediate vicinity who is affected by the use of such materials.

Bitumen work

Handling hot bitumen or asphalt or dipping materials in creosote.

Cutting tiles

Cutting tiles by electric saw.

Hospitals

An employee when engaged in repairs, demolition and/or maintenance in any block or portion of a hospital used for the care or treatment of patients suffering from infectious or contagious diseases.

An employee working inside a morgue in which one or more dead bodies are not in refrigeration.

Service shafts

When employees are required to work in service shafts on installation work on the following basis:

For any day including a Saturday or Sunday where the time spent in the service shaft is not more than four hours.

For any day including a Saturday or Sunday where the time spent in the service shaft exceeds four hours but not more than eight hours.

In addition to the above, where the aggregate of time spent in a service shaft on any day including a Saturday or Sunday exceeds eight hours, such employees will be paid for each whole hour so worked.