MA000036

Plumbing and Fire Sprinklers Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 9 April 2024 (PR771304).

Clause(s) affected by the most recent variation(s):

20—Superannuation

 

Table of Contents

[Varied by PR732612, PR746868, PR747564, PR750520]

Part 1— Application and Operation of this Award................................................................... 4

1. Title and commencement............................................................................................. 4

2. Definitions..................................................................................................................... 4

3. The National Employment Standards and this award.................................................. 7

4. Coverage....................................................................................................................... 7

5. Individual flexibility arrangements............................................................................... 9

6. Requests for flexible working arrangements.............................................................. 11

7. Facilitative provisions................................................................................................. 11

Part 2— Types of Employment and Classifications................................................................. 12

8. Types of employment................................................................................................. 12

9. Daily hire employees (plumbing and mechanical services classifications only)......... 12

10. Weekly hire employees.............................................................................................. 13

11. Part-time employees.................................................................................................. 13

12. Casual employees....................................................................................................... 14

13. Apprenticeship............................................................................................................ 14

14. Classifications............................................................................................................. 17

Part 3— Hours of Work............................................................................................................ 17

15. Ordinary hours of work over a four week work cycle................................................ 17

16. Breaks......................................................................................................................... 20

17. Service work, on-call and call back............................................................................. 22

Part 4— Wages and Allowances.............................................................................................. 23

18. Minimum rates........................................................................................................... 23

19. Payment of wages....................................................................................................... 29

20. Superannuation.......................................................................................................... 31

21. Allowances.................................................................................................................. 33

Part 5— Overtime and Penalty Rates...................................................................................... 62

22. Overtime..................................................................................................................... 62

23. Penalty rates............................................................................................................... 67

Part 6— Leave and Public Holidays......................................................................................... 69

24. Annual leave............................................................................................................... 69

25. Personal/carer’s leave and compassionate leave....................................................... 74

26. Parental leave and related entitlements.................................................................... 75

27. Community service leave............................................................................................ 75

28. Family and domestic violence leave........................................................................... 75

29. Public holidays............................................................................................................ 75

Part 7— Consultation and Dispute Resolution........................................................................ 76

30. Consultation about major workplace change............................................................ 76

31. Consultation about changes to rosters or hours of work........................................... 77

32. Dispute resolution...................................................................................................... 77

Part 8— Termination of Employment and Industry Specific Redundancy Scheme............... 79

33. Termination of employment....................................................................................... 79

34. Industry specific redundancy scheme........................................................................ 80

Schedule A —Classification Definitions................................................................................... 83

Schedule B —All-purpose rates of pay.................................................................................... 97

Schedule C —Summary of Hourly Rates of Pay—Plumbing and Mechanical Services Employees and Irrigation Installer Employees................................................................................................ 100

Schedule D —Summary of Hourly Rates of Pay—Sprinkler Fitting Employees................... 120

Schedule E —Summary of Hourly Rates of Pay—Apprentice Rates..................................... 128

Schedule F —Summary of Monetary Allowances................................................................. 143

Schedule G —School-Based Apprenticeship......................................................................... 154

Schedule H —Peak Sports Apprenticeships.......................................................................... 155

Schedule I —Supported Wage System................................................................................... 157

Schedule J —Agreement for Time Off Instead of Payment for Overtime............................ 161

Schedule K —Agreement to Take Annual Leave in Advance................................................ 162

Schedule L —Agreement to Cash Out Annual Leave............................................................ 164


Part 1—Application and Operation of this Award

1.                      Title and commencement

1.1                   This award is the Plumbing and Fire Sprinklers Award 2020.

1.2                   This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3                   A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2.                      Definitions

[Varied by PR733857, PR743422]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult apprentice is defined in clause 13.14(a).

all-purpose rate of pay means the employee’s ordinary weekly pay inclusive of relevant all-purpose allowances and calculated in accordance with Schedule B—All-purpose rates of pay.

[Definition of casual employee inserted by PR733857 from 27Sep21]

casual employee has the meaning given by section 15A of the Act.

construction work means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the prefabrication of work performed in plumbing workshops. For the purpose of this definition maintenance is confined to employees employed by employers in the building and construction industry.

continuous shiftworker means an employee engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 6 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

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

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

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

fire alarm system means the industry and trades which are concerned with the erection, fitting, fixing, altering, inspecting, testing, maintaining, retrofitting, overhauling or repairing of fire alarms, bells and associated equipment.

fire sprinkler fitting is defined in clause 4.2(b).

fire technician means an employee who undertakes the inspection and testing functions on fire protection systems as detailed in the Australian Standard (AS 1851) following commissioning of the fire protection system after construction.

inspection and testing means

(a)          to inspect by visual examination the components of fire protection systems or equipment to establish correct settings, physical condition or fitness for purpose under AS 1851; and

(b)         to test, after inspecting, by the confirmation of correct function or performance of a component or system under AS 1851.

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:

(a)          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;

(b)         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;

(c)          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, preventing 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; and

(d)         associated excavation, levelling and trenching work including the operation of manual or mechanical equipment as required.

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

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

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

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.

[Definition of ordinary hourly rate substituted by PR743422 ppc 11Jul22]

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

plumbing is defined in clause 4.2(a).

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

Registered Training Organisation means a training organisation registered by the Australian Skills Quality Authority (ASQA), or under state or territory legislation.

shiftworker means an employee who works ordinary hours during any shift finishing after 6.00 pm and at or before 7.00 am. A shiftworker will be entitled to payment of penalty rates in accordance with clause 23.1—Shiftwork.

sprinkler fitter’s assistant means an employee primarily engaged in assisting a sprinkler fitter.

standard rate means the minimum hourly/weekly rate for the Plumbing and mechanical services tradesperson/Sprinkler fitter tradesperson Level 1 in clause 18.1.

trainee apprenticeship means a training agreement under which the employer does not undertake to employ the apprentice for the whole of the term of the apprenticeship and is specifically identified as a trainee apprentice in accordance with the relevant State-based training laws and regulations.

3.                      The National Employment Standards and this award

3.1                   The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2                   Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

3.3                   The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4.                      Coverage

4.1                   This industry and occupational award covers:

(a)          employers throughout Australia in the industry of the provision of plumbing and/or fire sprinkler fitting services by contract and their employees in the classifications listed in Schedule A—Classification Definitions; and

(b)         employers throughout Australia with respect to their employees engaged in the occupations of plumbing and/or fire sprinkler fitting classifications within Schedule A—Classification Definitions, and to those employees.

4.2                   For the purpose of clause 4.1:

(a)          plumbing means plumbing, gasfitting, roof plumbing, lead burning, ship plumbing, heating, airconditioning or ventilation plumbing, irrigation installation, pipe-fitting or domestic engineering work, whether prefabricated or not, engaged on-site or in construction work or any work in or in connection with:

(i)            sheet lead, galvanised iron or other classes of sheet metal or any other materials which supersede the materials usually fixed by plumbers;

(ii)          lead, wrought, cast or sheet iron, copper, brass or other classes of pipework;

(iii)        water (hot or cold), steam, gas, air, vacuum, heating or ventilating appliances, fittings, services or installations; or

(iv)        house, ship, sanitary, chemical or general plumbing or drainage and irrigation.

(b)         fire sprinkler fitting means the erection, fitting, fixing, altering, inspecting, testing, maintaining, retrofitting, overhauling or repairing of apparatus, pipes and/or fittings in and/or outside of buildings, ships or other structures for the extinguishment of fire by automatic sprinklers and/or other fire protection systems.

4.3                   This award does not cover an employer bound by a modern industry award that contains plumbing and fire sprinkler fitting classifications.

4.4                   This award covers any employer which supplies labour on an on-hire basis in the plumbing and fire sprinkler fitting industries in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5                   This award covers any employer which supplies on-hire employees in classifications set out in Schedule AClassification Definitions and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6                   This award covers employers which provide group training services for apprentices and/or trainees engaged in the plumbing and fire sprinkler fitting industries, parts of those industries and/or occupations set out at clauses 4.1 and 4.2 and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.6 operates subject to the exclusions from coverage in this award.

4.7                   This award does not cover:

(a)          an employee excluded from award coverage by the Act; or

(b)         employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c)          employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

4.8                   Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5.                      Individual flexibility arrangements

5.1                   Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a)          arrangements for when work is performed; or

(b)         overtime rates; or

(c)          penalty rates; or

(d)         allowances; or

(e)          annual leave loading.

5.2                   An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3                   An agreement may only be made after the individual employee has commenced employment with the employer.

5.4                   An employer who wishes to initiate the making of an agreement must:

(a)          give the employee a written proposal; and

(b)         if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5                   An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6                   An agreement must do all of the following:

(a)          state the names of the employer and the employee; and

(b)         identify the award term, or award terms, the application of which is to be varied; and

(c)          set out how the application of the award term, or each award term, is varied; and

(d)         set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e)          state the date the agreement is to start.

5.7                   An agreement must be:

(a)          in writing; and

(b)         signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8                   Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9                   The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10               The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11               An agreement may be terminated:

(a)          at any time, by written agreement between the employer and the employee; or

(b)         by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12               An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13               The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6.                      Requests for flexible working arrangements

[6 substituted by PR763233 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 32—Dispute resolution and/or under section 65B of the Act.

7.                      Facilitative provisions

7.1                   A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

7.2                   Facilitative provisions in this award are contained in the following clauses:

Clause

Provision

Agreement between an employer and:

15.3

Early start

The employees

15.4

Alternative methods of arranging ordinary hours and rostered days off

The majority of employees

15.5(c)

General exception for employers of fewer than 15 (not working alongside other building and construction workers)

An individual employee

15.5(e)(ii)

Rostered days off for employees not working alongside other building and construction workers

The employees

15.5(f)(ii)

Rostered days off for employee working alongside other building and construction workers

The employees

16.2

Variation of meal breaks

The majority of employees

22.3

Working during meal break

An individual employee

22.6

Time off instead of payment for overtime

An individual employee

24.5

Annual leave in advance

An individual employee

24.6

Cashing out of annual leave

An individual employee

29.2, 29.3

Public holidays—substitution

An individual employee

   

Part 2—Types of Employment and Classifications

8.                      Types of employment

8.1                   Employees under this award will be employed in one of the following categories:

(a)          daily hire employees (plumbing and mechanical services classifications only);

(b)         weekly hire employees;

(c)          casual employees.

8.2                   At the time of engagement an employer will inform each employee, in writing, of the terms of their engagement and, in particular, whether they are engaged as daily hire, weekly hire or casual employees.

9.                      Daily hire employees (plumbing and mechanical services classifications only)

9.1                   Only plumbing and mechanical services employees may be employed as daily hire employees. Clause 9 will not apply to employees engaged in the classifications of fire sprinkler fitting.

9.2                   Clause 9 will not apply to employees engaged as apprentices.

9.3                   The following provisions will apply to daily hire employees:

(a)          One day’s notice of termination of employment will be given by either party or one day’s pay must be paid or forfeited;

(b)         Notice given at or before the usual starting time of any ordinary working day will expire at the completion of that day’s work;

(c)          A tradesperson will be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools; and

(d)         Nothing in clause 9 will affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

10.                 Weekly hire employees

10.1               Weekly hire employment is subject to the notice provisions in clause 33Termination of employment.

10.2               A full-time weekly hire employee works an average of 38 ordinary hours per week.

11.                 Part-time employees

11.1               A part-time employee is an employee who works an average of less than 38 ordinary hours per week and has reasonably predictable hours of work.

11.2               For each ordinary hour worked, a part-time employee must be paid no less than 1/38th of the minimum weekly rate for the relevant classification and pro rata entitlements for those hours.

11.3               Before commencing a period of part-time employment the employee and the employer will agree in writing:

(a)          that the employee may work part-time;

(b)         upon the hours to be worked by the employee, the days upon which they will be worked and commencing and finishing times for the work;

(c)          upon the classification applying to the work to be performed; and

(d)         upon the period of part-time employment.

11.4               The terms of an agreement may be varied, in writing, by consent of the parties.

11.5               The employer will provide the employee with a copy of the agreement and any variation to it.

12.                 Casual employees

[Varied by PR733857, PR750520]

[12.1 varied by PR733857 from 27Sep21]

12.1               A casual employee must work less than an average of 38 ordinary hours or 5 days per week over any 2 successive weeks.

[12.2 varied by PR750520 ppc 15Mar23]

12.2               In addition to the hourly minimum rate for a weekly hire employee appropriate for the type of work, a casual employee must be paid an additional 25% of the hourly minimum rate with a minimum payment as for 3 hours of employment.

[Note inserted by PR750520 ppc 15Mar23]

NOTE: The casual loading is payable instead of entitlements from which casuals are excluded by the terms of this award and the NES. See Part 2-2 of the Act.

12.3               When a casual employee works overtime, they must be paid the overtime rates in clause 22.1(a).

12.4               Offers and requests for casual conversion

[12.4 renamed and substituted by PR733857 from 27Sep21]

Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.

NOTE: Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 32—Dispute resolution.

13.                 Apprenticeship

13.1               Subject to the provisions of this award, an employer may employ apprentices in the trade or occupation of plumbing and fire sprinkler fitting in all States and Territories.

13.2               For the purpose of clause 13, training agreement includes the contract of apprenticeship, training agreement or indenture.

13.3               Travel expenses during block release training—sprinkler fitters

(a)          In respect of sprinkler fitting apprenticeships, where an apprentice cannot reasonably be expected to travel to and from their residence each day, during the period of block release training, return travel between their usual place of residence and the city where the course is conducted will be arranged by the employer at no cost to the apprentice.

(b)         The employer will also arrange suitable accommodation to be available at no cost to the apprentice.

13.4               Contract of apprenticeship/training agreement/indenture

Subject to a training agreement, apprentices will be contracted to the employer to learn the trade of plumber or fire sprinkler fitter on a full-time basis for a term of 4 years comprising of off-the-job and on-the-job training to complete the plumbing or fire sprinkler fitting apprenticeship.

13.5               Cancellation or suspension of training agreement

(a)          A training agreement may be suspended or cancelled by the mutual consent of the parties or, if through lack of orders or financial difficulties, an employer is unable to find suitable employment for an apprentice and a transfer to another employer cannot be arranged.

(b)         A trainee apprenticeship may be terminated by either party giving:

(i)            2 weeks’ notice of termination; or

(ii)          notice of termination in accordance with the NES;

whichever is the greater.

13.6               Transfer of training agreement

(a)          An apprentice may, with the consent of the parties to the training agreement, transfer their training agreement to another employer.

(b)         Irrespective of the number of different employers taking the apprentice for a term, all terms will be regarded as:

(i)            one continuous term; and

(ii)          the later or latest employer will accept the apprentice at the position the apprentice occupied under their training agreement at the last date they were with their immediate former employer.

13.7               Period of apprenticeship

All apprentices under this award will be apprenticed for a nominal period of 4 years of training.

13.8               Hours

The ordinary hours of employment of apprentices will not exceed 38 hours.

13.9               Overtime and shiftwork

(a)          No apprentice under the age of 18 years will be required to work overtime or shiftwork unless they choose to do so.

(b)         No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at a Registered Training Organisation as required by any statute, award or regulation applicable to them.

13.10           Payment by results

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

13.11           Lost time

(a)          Subject to any relevant State or Territory law, the apprentice will, for every day of absence from their work during any year of the term without the consent of the employer, serve one day at the end of the calendar period of any year of their apprenticeship if required to do so by the employer. The calendar period of the next succeeding year of their apprenticeship will not begin until the additional day(s) have been served.

(b)         In calculating the extra time to be served the apprentice will be credited with time which they have worked during the relevant years in excess of their ordinary hours of service.

13.12           Attendance at a Registered Training Organisation

(a)          The apprentice will be released by the employer to attend a Registered Training Organisation during ordinary working hours of work for the purposes of undertaking the off the-job component of the apprenticeship training without loss of pay.

(b)         Time spent by an apprentice, other than an apprentice undertaking a school-based apprenticeship, in attending any training and assessment specified in, or associated with, the training contract is to be regarded as time spent worked for the employer for the purposes of calculating the apprentice's wages and determining the apprentices employment conditions.

13.13           Training fees and textbooks

(a)          Any costs associated with all fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract must be reimbursed to the apprentice within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the registered training organisation commencing training, whichever is the later, unless there is unsatisfactory progress;

(b)         Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 13.13(a) above.

13.14           Adult apprentices

(a)          Definition

For the purpose of this award, adult apprentice means a person of 21 years of age or over at the time of entering into a training agreement or apprenticeship contract to a trade within the scope of this award.

(b)         Application of general conditions of apprenticeship

The provisions of this award apply to adult apprentices unless specifically otherwise provided.

(c)          Training credits

Subject to the provisions of clause 13, the training to be completed by an adult apprentice under a training agreement will be determined by the relevant State training authority through its approved agencies based upon training credits being granted for the relevant working experience and educational standard obtained by the apprentice.

14.                 Classifications

The definitions of the classification levels in clause 18—Minimum rates are contained in Schedule A—Classification Definitions.

Part 3—Hours of Work

15.                 Ordinary hours of work over a four week work cycle

[Varied by PR743422, PR747564]

15.1               The average ordinary hours worked will be 38 per week for a 4 week work cycle.

15.2               Ordinary working hours

(a)          Subject to the provisions of clause 15, ordinary working hours will be worked in a 20 day, 4 week cycle, Monday to Friday inclusive.

(b)         The roster will be comprised of 19 days of 8 hours with 0.4 of one hour each day worked accruing to be paid as a rostered day off (RDO) in each cycle.

(c)          Subject to clause 15.3—Early start and clause 23—Penalty rates, ordinary hours are worked between 7.00 am and 6.00 pm Monday to Friday inclusive.

15.3               Early start

(a)          By agreement between the employer and its employees, the working day may begin at 6.00 am or at any other time between that hour and 8.00 am and the working time will then begin to run from the time so fixed.

(b)         The daily rest breaks, meal breaks and finishing time must be adjusted accordingly.

15.4               Alternative methods of arranging ordinary hours and rostered days off

(a)          An employer and the majority of its employees may agree to an alternate method of arranging ordinary hours of work and arranging RDOs.

(b)         Matters upon which agreement may be reached include:

(i)            how the hours are to be averaged within a work cycle;

(ii)          the duration of the work cycle, provided that such duration will not exceed 3 months;

(iii)        rosters which specify starting and finishing times;

(iv)        substitution of RDOs;

(v)          accumulation of RDOs;

(vi)        arrangements which allow for flexibility in the taking of RDOs; and

(vii)      the arrangement of ordinary hours which exceed 8 hours on any day, provided such hours are within the spread of hours in clauses 15.2(c) or 15.3.

15.5               Rostered days off

(a)          The following provisions apply generally in respect of RDOs:

[15.5(a)(i) varied by PR743422 ppc 11Jul22]

(i)            Payment for an RDO will be made from money accrued in accordance with clause 15.2.

(ii)          A RDO will be recorded in the time and wages records of the employer.

(iii)        Where the scheduled RDO falls on a public holiday under clause 29, the next working day will be taken as the RDO, unless an alternate day in that 4 week cycle or the next 4 week cycle is agreed in writing between the employer and the employee.

[15.5(a)(iv) varied by PR747564 ppc14Nov22]

(iv)        Each day of paid leave taken and/or any public holiday occurring during any 4 week cycle will be regarded as a day or part-day worked for RDO and all other accrual purposes.

(v)          Any proportion of money accrued towards payment for a RDO will be paid as hours worked for the purpose of calculating entitlements due on termination of employment.

(b)         Where required by the employer, an employee may be required to work on their scheduled RDO where such work is necessary:

(i)            to allow other employees to be employed productively;

(ii)          to undertake out-of-hours maintenance;

(iii)        due to unforeseen delays to a particular project or a section of the project; or

(iv)        for other reasons arising from unforeseen or emergency circumstances on a project;

provided that, in addition to RDOs and all other accrual purposes, the employee will be paid the penalty rates and provisions of weekend work or public holiday work under clause 23—Penalty rates.

(c)          General exception for employers of fewer than 15 (not working alongside other building and construction workers)

In respect of employers of fewer than 15 employees and subject to an agreement in writing between the employer and the employee, the employer will pay the employee overtime for any hours worked over 38 hours in any week, instead of accruing RDOs.

(d)         General exception for employers of 10 or fewer employees (not working alongside other building and construction workers)

(i)            In respect of employers of 10 or fewer employees, an employee may be required to work on their scheduled RDO. In such cases the employee will nominate another day as their RDO to take off at mutual convenience.

(ii)          An employer will not change the scheduled RDO without prior notice of at least 5 days.

(e)          Rostered days off for employees not working alongside other building and construction workers

(i)            In the case of all other employees not working alongside other building and construction workers the employer will nominate the day to be taken as the RDO being either:

·   the 3rd Friday in the cycle;

·   the 4th Monday in the cycle; or

·   the 4th Friday in the cycle.

(ii)          By agreement between an employer and its employees an alternative day in the 4 week cycle may be the RDO.

(f)           Rostered days off for employee working alongside other building and construction workers

(i)            In the case of employees working alongside other building construction workers, the RDO will be the 4th Monday in the cycle.

(ii)          By agreement in writing between an employer and its employees an alternative day in the 4 week cycle may be the RDO. If requested by the employees, the employer must inform the employee’s representative at least 5 working days before the agreement is implemented.

16.                 Breaks

16.1               Unpaid meal breaks

An employee will be entitled to an unpaid meal break of at least 30 minutes between noon and 1.00 pm. Work and working time will stop during the meal break.

16.2               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 finish of work.

16.3               Paid rest period

An employee will be entitled to a paid rest period of 10 minutes between 9.00 am and 11.00 am.

16.4               Washing time breaks as paid time

(a)          An employee will be entitled to take 5 minutes immediately before lunch and before finishing time to enable them to wash and put away gear which will count as time worked.

(b)         An employee who is using toxic substances as defined in clause 21.6(o)(ii), immediately before lunch and before finishing time will be entitled to take 10 minutes washing time break which will count as time worked.

(c)          Where an employee is engaged in hot work as defined in clause 21.6(k) or cold work as defined in clause 21.6(f) and the work continues for more than 2 hours, the employee will be entitled to a 20 minute rest after every 2 hours work which will count as time worked.

16.5               Breaks between working days

(a)          If an employee works so much overtime between the end of work on one day and the start of work on the next day that they do not have a break of at least 10 consecutive hours, the employer will:

(i)            release the employee after the end of the overtime until the employee has had at least 10 consecutive hours off duty; and

(ii)          pay the employee for any ordinary working time that falls within the period of absence.

(b)         If an employee works on a Saturday, Sunday or public holiday and does not have a break of 10 consecutive hours in the 24 hours preceding their ordinary starting time on their next ordinary day, the employer will:

(i)            release the employee after the end of the overtime until the employee has had at least 10 consecutive hours off duty; and

(ii)          pay the employee for any ordinary working time that falls within the period of absence.

(c)          If the employer requires an employee referred to in clause 16.5(a) or clause 16.5(b) to resume or continue work, and the employee has not had 10 consecutive hours off duty, the employer must:

(i)            pay the employee at 200% of the ordinary hourly rate until the employee is released from duty for 10 consecutive hours; and

(ii)          once the employee is released from duty, pay the employee for any ordinary working time that falls within the period of absence.

(d)         An employee who has worked continuously (except for work breaks allowed by this award) for 20 hours including holiday work will not be required to continue at or recommence work for at least 12 hours.

17.                 Service work, on-call and call back

[Varied by PR729291, PR729480, PR740717, PR740885, PR762146, PR762309]

17.1               Service work—fire sprinkler fitter employee

(a)          A fire sprinkler fitter employee required to perform service work outside ordinary working hours for breakdown, accident or other emergency work must be paid at 200% of the ordinary hourly rate.

(b)         The calculation of the period of time of duty will include only the time reasonably occupied in travel or work between the time of the employee’s departure from their normal place of residence and the time of their return thereto provided that:

(i)            in the case of the first call-back in any one day an employee must be paid for at least a period of 2 hours at 200% of the ordinary hourly rate; and

(ii)          in the case of each subsequent call-back in the same day as for at least a period of one hour whether occurring within 2 hours of the first call back or not.

17.2               On-call—fire sprinkler fitter employee

Where a fire sprinkler fitter employee is required to be on-call outside the ordinary hours of work they will be readily contactable by telephone at all relevant times during such stand-by and will be entitled to:

[17.2(a) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(a)          permanent stand-by on roster—an additional $67.66 per week of 7 days;

[17.2(b) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(b)         for other than permanent stand-by on roster, each Monday to Friday on-call—an additional $6.97 per night, and for each Saturday, Sunday or public holiday on-call an additional $49.75 per day; and

(c)          payment for the cost of the employee’s telephone rental.

17.3               Call-back and rest period

Overtime worked in the circumstances specified in clauses 17.1, 17.2 and 22.2 will not be regarded as overtime for the purposes of clause 22— Overtime, where the actual time worked is less than 4 hours on such recall or on each of such recalls.

17.4               Use of employee’s vehicle

[17.4 varied by PR729480, PR740885, PR762309 ppc 01Jul23]

When an employee’s vehicle is used for call out at the request of the employer a payment of $0.95 per kilometre will be made.

Part 4—Wages and Allowances

18.                 Minimum rates

[Varied by PR729291, PR740717, PR762146]

18.1               General

[18.1 varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee within a level specified in the following table must be paid not less than the rate assigned to the classification, as defined in Schedule A—Classification Definitions, for the area in which such employee is working.

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

 

$

$

Plumbing and mechanical services worker/Sprinkler fitting worker Level 1(a) (new entrant in the industry)

901.10

23.71

Plumbing and mechanical services worker/Sprinkler fitting worker Level 1(b) (after 3 months in the industry)

918.80

24.18

Plumbing and mechanical services worker/Sprinkler fitting worker Level 1(c) (after 12 months in the industry)

931.10

24.50

Plumbing and mechanical services worker/Sprinkler fitting worker/Fire Technician Level 1(d) (upon fulfilling the substantive requirements of Plumbing and mechanical services worker Level 1(d))

945.00

24.87

Plumbing and mechanical services worker/Sprinkler fitting worker Level 2

995.00

26.18

Plumbing and mechanical services tradesperson/Sprinkler fitter tradesperson Level 1

995.00

26.18

Plumbing and mechanical services tradesperson/Sprinkler fitter tradesperson Level 2

1026.20

27.01

Plumbing and mechanical services tradesperson–special class/Sprinkler fitter tradesperson special class Level 1

1057.40

27.83

Plumbing and mechanical services tradesperson–special class/Sprinkler fitter tradesperson special class Level 2

1085.60

28.57

Advanced plumbing and mechanical services tradesperson/Advanced sprinkler fitter tradesperson Level 1

1116.80

29.39

Advanced plumbing and mechanical services tradesperson/Advanced sprinkler fitter tradesperson Level 2

1140.70

30.02

NOTE: See Schedule C, Schedule D and Schedule E for summaries of hourly rates of pay including overtime and penalty rates.

18.2               Apprentice rates

(a)          Apprentices will be entitled to all terms, conditions, amounts and allowances as prescribed elsewhere in this award (including clause 21.9—Expense-related allowances—fares and travelling time), except clause 21.3(d)—Special fixed allowance, at the full rate unless otherwise prescribed by clause 18.2 or clause 21—Allowances.

(b)         Apprentices engaged before 1 January 2014

For apprentices (not including adult apprentices) engaged before 1 January 2014, the minimum weekly rate to be paid to apprentices will be the following percentages of the aggregate of:

(i)            the weekly minimum rate for the plumbing and mechanical services tradespersons/Sprinkler fitter tradesperson Level 1 classification (clause 18.1); and

(ii)          for plumbing apprentices: the plumbing trade allowances (clause 21.3(b)) and the tool allowance (clause 21.8(a)); or

(iii)        for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.3(f)), the sprinkler fitters adjustment (clause 21.3(g)) and the applicable tool allowance (clause 21.8(a)):

Apprentice

Plumbing apprentices

Sprinkler pipe-fitting apprentices

 

%

%

1st year

37.5

50

2nd year

55

55

3rd year

70

75

4th year

90

90

(iv)        A trainee apprentice will be paid the percentages of the weekly minimum rate for the plumbing and mechanical services tradesperson classification in clause 18.1 as set out in the following table:

Apprentice

%

1st year

41.5

2nd year

61

3rd year

77

4th year

95.5

(v)          In addition to the weekly minimum rate arising out of clause 18.2(b)(iv), trainee apprentices must be paid the relevant percentage of the plumbing trade allowances (clause 21.3(b)(ii)), the full amount of the tool allowance (clause 21.8(a)), the industry allowance in clause 21.2(a), and if applicable, the fares allowance in clause 21.9(b) and/or the standard travelling time allowance in clause 21.9(c).

(c)          Apprentices engaged on or after 1 January 2014

For apprentices (not including adult apprentices) engaged on or after 1 January 2014, the minimum weekly rate to be paid to apprentices will be the following percentages of the aggregate of:

(i)            the weekly minimum rate for the plumbing and mechanical services tradespersons/Sprinkler fitter tradesperson Level 1 classification (clause 18.1); and

(ii)          for plumbing apprentices: the plumbing trade allowances (clause 21.3(b)) and the tool allowance (clause 21.8(a)); or

(iii)        for sprinkler pipe-fitting apprentices: the industry disability allowance and space, height and dirt money allowance (clause 21.3(f)), the sprinkler fitters adjustment (clause 21.3(g)) and the applicable tool allowance (clause 21.8(a)):

Apprentice

Plumbing apprentices

Sprinkler pipe-fitting apprentices

 

%

%

%

%

 

Have not completed year 12

Have completed year 12

Have not completed year 12

Have completed year 12

1st year

50

55

50

55

2nd year

60

65

60

65

3rd year

70

70

75

75

4th year

90

90

90

90

(iv)        A trainee apprentice will be paid the percentages of the weekly minimum rate for the plumbing and mechanical services tradesperson classification in clause 18.1 as set out in the following table:

Apprentice

Apprentices who have not completed year 12

Apprentices who have completed year 12

 

%

%

1st year

54

59

2nd year

65

69

3rd year

77

77

4th year

95.5

95.5

(v)          In addition to the weekly minimum rate arising out of clause 18.2(b)(iv), trainee apprentices must be paid the relevant percentage of the plumbing trade allowances (clause 21.3(b)(i)), the full amount of the tool allowance (clause 21.8(a)), the industry allowance in clause 21.2(a), and if applicable, the fares allowance in clause 21.9(b) and/or the standard travelling time allowance in clause 21.9(d).

18.3               Rates—adult apprentices

(a)          Sprinkler Fitter

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

(ii)          For the purpose only of fixing a rate of pay, the adult apprentice will continue to receive the rate of pay (inclusive of all-purpose allowances) that is, from time to time, applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the training agreement specified in clause 13.1.

(iii)        Subject to clauses 18.3(a)(i) and 18.3(a)(ii), the rate of pay of an adult apprentice will be not less than:

·   the federal minimum wage plus the full rate of industry disability allowance as prescribed; or

·   the amount prescribed for apprentices generally in clause 18.2;

whichever is the greater.

[18.3(a)(iv) deleted by PR729291 ppc 01Jul21]

(b)         Plumbing and Mechanical

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

(ii)          For the purpose only of fixing a rate of pay, the adult apprentice will continue to receive the rate of pay (inclusive of all-purpose allowances) that is, from time to time, applicable to the classification or class of work in which the adult apprentice was engaged immediately prior to entering into the training agreement specified in clause 13.2.

(iii)        Subject to clauses 18.3(b)(i) and 18.3(b)(ii) the rate of pay of an adult apprentice will be not less than:

·   the federal minimum wage plus the full rate of clause 21.3(a)—Industry allowance; or

·   the amount prescribed for apprentices generally in clause 18.2;

whichever is the greater.

[18.3(b)(iv) deleted by PR729291 ppc 01Jul21]

18.4               School-based apprenticeship

For school-based apprentices, see Schedule G—School-Based Apprenticeship.

18.5               Peak Sports Apprenticeships

See Schedule H—Peak Sports Apprenticeships.

18.6               National training wage

(a)          Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[18.6(b) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2023. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Plumbing and Fire Sprinklers Award 2020 and not the Miscellaneous Award 2020.

18.7               Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule I—Supported Wage System.

18.8               Higher duties

An employee appointed for more than half of one day or shift on duties carrying a higher rate than their ordinary classification must be paid the higher rate for such day or shift. If appointed for less than half of one day or shift they must be paid the higher rate for the time at the higher level.

19.                 Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

19.1               All wages, allowances and other monies must be paid in cash or by cheque, bank cheque, electronic fund transfer, bank or similar transfer, or any combination of these.

19.2               An employee paid by other than cash will be allowed reasonable time as agreed between the employer and the employee, to attend the branch of their bank nearest the workplace to cash such cheques or draw upon the accounts during working hours.

19.3               Payments must be made and available to the employee not later than the end of ordinary hours of work on Thursday of each working week.

19.4               Where, on any pay day, work finishes for the day because of inclement weather an employee must be paid all wages, allowances and other monies due to the employee without undue delay.

19.5               Where an employee is paid by cash or cheque and the employee is kept waiting for their wages on pay day for more than 15 minutes after the usual time of finishing work, the employee must be paid at overtime rates after that 15 minutes for the duration spent waiting at the workplace for payment, with a minimum payment of 15 minutes.

19.6               Payment on termination of employment

(a)          The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(i)            the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and

(ii)          all other amounts that are due to the employee under this award and the NES.

(b)         The requirement to pay wages and other amounts under clause 19.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.

NOTE 2: Clause 19.6(b) allows the Commission to make an order delaying the requirement to make a payment under this clause.

NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

20.                 Superannuation

[Varied by PR771304]

20.1               Superannuation legislation

[20.1 substituted by PR771304 ppc 09Apr24]

(a)          The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.

(b)         The rights and obligations in clause 20 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

20.2               Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

20.3               Voluntary employee contributions

(a)          Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

(b)         An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months written notice to their employer.

(c)          The employer must pay the amount authorised under clauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.

20.4               Superannuation fund

[20.4 varied by PR771304 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 20.2 and pay any amount authorised under clauses 20.3(a) or 20.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(a)          Construction and Building Industry Super (Cbus);

(b)         Building Unions Superannuation (Queensland) (BUS(Q));

(c)          Aust(Q) Super;

(d)         AustralianSuper;

(e)          CareSuper;

(f)           Tasplan Super;

(g)          Building Employers Superannuation Trust;

(h)         Statewide Superannuation Trust;

(i)            any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(j)           a superannuation fund or scheme which the employee is a defined benefit member of.

20.5               Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b):

(a)          Paid leave—while the employee is on any paid leave.

(b)         Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i)            the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii)          the employee remains employed by the employer.

21.                 Allowances

[Varied by PR729291, PR729480, PR740717, PR740885, PR743422, PR762146, PR762309]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

21.1               Employers must pay to an employee the allowances the employee is entitled to under clause 21.

NOTE: See Schedule F—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

21.2               All-purpose allowances

(a)          All-purpose allowances are:

(i)            payable for all purposes of the award;

(ii)          are part of the employee’s regular weekly wage; and

(iii)        must be included as appropriate when calculating all payments including, but not limited to:

·   payments for overtime;

·   annual leave and annual leave loading;

·   personal leave;

·   compassionate leave;

·   community service leave;

·   penalty rates; and

·   payments on termination.

(b)         The following allowances are paid for all purposes under this award:

(i)            Industry allowance (clause 21.3(a));

(ii)          Plumbing trade allowance (clause 21.3(b));

(iii)        Registration allowance (clause 21.3(c));

(iv)        Special fixed allowance (clause 21.3(d));

(v)          Fire sprinkler fitting trade allowance (clause 21.3(e));

(vi)        Industry disability allowance and space, height and dirt money allowance—fire sprinkler fitter employees (clause 21.3(f));

(vii)      Sprinkler fitters adjustment (clause 21.3(g));

(viii)    Lost time loading—daily hire employees (clause 21.3(i)); and

(ix)        Leading hand allowance (clause 21.3(h)(i)).

21.3               Wage-related allowances—all-purpose allowances

(a)          Industry allowance

[21.3(a) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

All employees in the plumbing and mechanical services classifications must be paid an industry allowance of $36.82 per week to compensate for the following disabilities associated with construction work:

(i)            climatic conditions when working in the open air on all types of work;

(ii)          the physical disadvantage of having to climb stairs or ladders;

(iii)        the disability of dust blowing in the wind, brick dust and drippings from newly-poured concrete;

(iv)        sloppy and muddy conditions associated with the initial stage of the erection of a building;

(v)          the disability of working on all types of scaffolds or ladders (other than a swing scaffold, suspended scaffold or a bosun’s chair); and

(vi)        the lack of the usual amenities associated with factory work (e.g. meal rooms, change rooms, lockers).

(b)         Plumbing trade allowance

(i)            The plumbing trade allowance is a rounded-up allowance based on compensation for a number of the individual allowances covering particular types of work listed below.

[21.3(b)(ii) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(ii)          An employee in a classification at or exceeding plumbing and mechanical services tradesperson Level 1 and plumbing and mechanical services worker Level 2 must be paid the plumbing trade allowance of $29.85 per week.

(iii)        The plumbing trade allowance must be paid to employees in the above classifications whether or not the work of such employees involves any of the work described below.

(iv)        For the purposes of clause 21.3(b), the plumbing trade allowance has been structured to substitute for the following types of work:

·   handling insulation material;

·   use of explosive powered tools;

·   using toxic substances;

·   working in close proximity to employees engaged in using toxic substances;

·   working where fumes are present;

·   asbestos work requiring use of materials containing asbestos or work in close proximity to employees using such materials;

·   work in any confined space;

·   swing scaffold work;

·   wet work;

·   dirty or offensive work;

·   ladder work;

·   chokage work.

(v)          The definitions of allowances are set out under clause 21.6.

(c)          Registration allowance

[21.3(c) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee in a plumbing and mechanical tradesperson classification that is registered in accordance with the relevant State legislation must be paid a registration allowance of $39.80 per week to compensate for the responsibilities imposed by holding and maintaining registration.

(d)         Special fixed allowance

(i)            All employees, other than apprentices, in the plumbing and mechanical services classifications must be paid a special allowance of $7.70 per week to compensate for excess travelling time incurred by employees in the building industry and the removal of loadings from various building industry awards.

(ii)          This allowance will not be adjusted.

(e)          Fire sprinkler fitting trade allowance

(i)            The fire sprinkler fitting trade allowance is a rounded-up allowance based on compensation for a number of the individual allowances covering particular types of work listed in clause 21.3(b).

[21.3(e)(ii) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(ii)          An employee in a classification at or exceeding Sprinkler fitting tradesperson Level 1 must be paid the sprinkler fitter trade allowance of $7.46 per week.

(iii)        The sprinkler fitting trade allowance must be paid to employees in the above classifications whether or not the work of such employees involves any of the work described in clause 21.3(b).

(iv)        Classifications below Sprinkler fitting tradesperson Level 1 must be paid the plumbing trade allowance on an incidence basis, calculated hourly, under clause 21.3(b).

[21.3(e)(v) varied by PR729291, PR740717; substituted by PR743422 ppc 11Jul22]

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

·   Handling insulation material;

·   Use of explosive powered tools;

·   Using toxic substances;

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

·   Working where fumes are present;

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

(f)           Industry disability allowance and space, height and dirt money allowance—fire sprinkler fitter employees

[21.3(f) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

Adult fire sprinkler fitter employees will receive the following additional weekly allowances for all purposes:

Allowances

$ per week

Industry disability allowance

37.81

Space, height and dirt money allowance

34.83

An apprentice sprinkler fitter is entitled to a percentage of the above allowance as specified in clause 18.2.

(g)          Sprinkler fitters adjustment

[21.3(g) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

All employees will receive an additional weekly amount for all purposes:

Allowances

$ per week

Sprinkler fitting worker Level 2/Sprinkler fitter tradesperson Level 1 or above

32.84

Sprinkler fitting worker Level 1

27.86

(h)         Leading hand allowance

[21.3(h)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee specifically appointed to be a leading hand must be paid the following additional amounts above the weekly minimum rate of the highest classification supervised, or their own weekly minimum rate, whichever is the highest, in accordance with the number of employees in their charge.

In charge of

$ per week

Not more than 1 employee

23.88

2–5 employees

52.74

6–10 employees

67.66

Over 10 employees

89.55

(ii)          The hourly rate prescribed in clause 21.3(h) is calculated to the nearest cent, by multiplying the relevant weekly minimum rate for a weekly hire employee by 52 over 50.4 and dividing by 38 and will apply for all purposes of this award.

(i)            Lost time loading—Daily hire employees

The daily hire lost time loading allowance (also called the follow-the-job allowance) is derived as compensation for a notional loss of wages for a period of 8 working days of unemployment in a yearly cycle. This allowance applies only to those employees engaged under the daily hire type of employment in the plumbing and mechanical services classification. The rate of the allowance is 3.17% as follows:

(i)            for an employee in a tradesperson classification who is registered under the relevant Commonwealth, State or Territory legislation, the rate of allowance is the percentage of the sum of:

·   the weekly minimum rate (clause 18.1);

·   the industry allowance (clause 21.2(b));

·   the plumbing trade allowance (clause 21.3(b));

·   the registration allowance (clause 21.3(c)); and

·   the tool allowance (clause 21.8(a)).

(ii)          for an employee in a tradesperson classification who is not registered under the relevant Commonwealth, State or Territory legislation, the rate of the allowance is the percentage of the sum of:

·   the weekly minimum rate (clause 18.1);

·   the industry allowance (clause 21.2(b));

·   the plumbing trade allowance (clause 21.3(b)); and

·   the tool allowance (clause 21.8(a)).

NOTE: classifications below tradesperson are not included in clause 21.3(i)(ii).

(iii)        for an employee classified as a worker Level 2, or a tradesperson Level 1, and who performs work as an irrigation installer and does not otherwise fall within clauses 21.3(i)(i) or 21.3(i)(ii), the rate of the allowance is the percentage of the sum of:

·   the weekly minimum rate (clause 18.1);

·   the industry allowance (clause 21.2(b)); and

·   the plumbing trade allowance (clause 21.3(b)).

(iv)        for an employee classified as a worker Level 1 the rate of allowance is the percentage of the sum of:

·   the weekly minimum rate (clause 18.1); and

·   the industry allowance (clause 21.2(b)).

21.4               Wage-related allowances—Allowances for responsibilities or skills not taken into account in rates of pay

(a)          Employees accepting responsibility to statutory authorities

[21.4(a)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee who is required by their employer to act on their plumber’s licence or equivalent, must be paid an additional $1.36 per hour for every hour of their employment whether or not the employee has in any hour acted on such licence or certificate.

(ii)          Acting on their plumber’s licence will mean signing of notices and assuming responsibility to relevant authorities.

(b)         Employee acting on welding certificate

[21.4(b)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee who is requested by the employer to hold the relevant qualifications required by the various State government bodies, or other relevant authorities, for pressure oxy-acetylene or electric welding, either manual or machine welding, and is required by their employer to act on such qualifications, must be paid an additional amount per hour of:

·   $0.79 per hour for oxy-acetylene welding; and

·   $0.79 for electric welding for every hour of their employment whether or not the employee has in any hour performed work relevant to those qualifications held.

(c)          Lead burning

[21.4(c) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

A plumbing and mechanical services employee engaged in lead burning or lead work in connection with clause 21.4 must be paid an additional $2.62 per hour.

(d)         Ship work

[21.4(d) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee engaged on work in connection with ships must be paid an additional $1.83 per hour.

(e)          First aid

[21.4(e) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee who is qualified in first aid and is appointed by their employer to carry out first aid duties in addition to their usual duties must be paid an additional $3.59 per day.

(f)           Service work while engaged in fire sprinkler fitting

[21.4(f) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee will be paid $8.56 per day extra while engaged in service work to compensate for the particular disabilities involved in such work.

(g)          Computing quantities

[21.4(g)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            Employees who are regularly required to compute or estimate quantities of materials in respect of the work performed by other employees must be paid an additional $5.97 per day or part thereof.

(ii)          This allowance will not apply to an employee classified as a leading hand and receiving the allowance prescribed in clause 21.3(h).

(h)         Laser safety officer allowance

Clause 21.4(h) will apply when laser safety equipment is utilised for work within the scope of this award.

(i)            Laser means 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 one millimetre primarily by the process of controlled stimulation emission.

(ii)          Laser safety officer means 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.

[21.4(h)(iii) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(iii)        Where an employee has been appointed by the employer to carry out the duties of a Laser safety officer, the employee must be paid an additional $3.48 per day or part thereof whilst carrying out such duties.

(iv)        The allowance will be paid as a flat amount without attracting any premium or penalty.

21.5               Wage-related allowances—Other disability related allowances paid on a per incidence basis calculated hourly

(a)          Allowances for disabilities associated with the performance of particular tasks or work in particular conditions or locations do not attract 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 allowance will be payable. Allowance definitions, including the conditions for payment of allowances and additional payments required are contained in clause 21.6.

(b)         Payable to all employees including those entitled to the allowance specified in clause 21.2(a):

(i) Acid plants and chemicals works;

(ii) Aluminum foil;

(iii) Bitumen work;

(iv) Cold work;

(v) Cutting tiles;

(vi) Hospitals and morgues;

(vii) Hot work;

(viii) Service shafts;

(ix) Towers.

(c)          Payable only to Worker level 1 employees not entitled to the allowance specified in clause 21.2(a):

(i) Asbestos work;

(ii) Explosive powered tools;

(iii) Fumes;

(iv) Insulation work;

(v) Toxic substances.

(d)         Multistorey work

(i)            Eligibility

·   A multistorey allowance must be paid to all employees on-site engaged in construction or renovation of a multistorey building as defined in clause 21.5(d)(ii), to compensate for the disabilities experienced in, and which are peculiar to construction or renovation of a multistorey building.

·   For the purposes of clause 21.5(d) renovation work is work performed on existing multistorey buildings, and such work involves structural alterations which extend to more than 2 storey levels in a building and at least part of the work to be performed is above the 4th floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work.

(ii)          Definitions

·   A multistorey building is a building which will, when complete, consist of 5 or more storey levels.

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

·   For the purposes of clause 21.5(d), 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).

·   Any buildings or structures which do not have regular storey levels but which are not classed as towers (e.g. grandstands, aircraft hangars, large stores, etc.) and which exceed 15 metres in height may be covered by clause 21.5(d), or by clause 21.6(n) by agreement.

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

·   Floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level.

(iii)        Rates

[21.5(d)(iii) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

·   An allowance in accordance with the following table must 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 buildingstructural steel, reinforcing steel, boxing or walls, rises above the floor level first designated in each such allowance scale.

Storey

$ per hour

From commencement of building to 15th floor level

0.68

From 16th floor level to 30th floor level

0.81

From 31st floor level to 45th floor level

1.26

From 46th floor level to 60th floor level

1.62

From 61st floor level onwards

2.02

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

(iv)        Service cores

·   Plumbing and mechanical services employees employed on a service core at more than 15 metres above the highest point of the main structure must be paid the multistorey rate appropriate for the main structure plus the allowance prescribed in clause 21.6(n), 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 must be regarded as though it were the ground in calculating the appropriate towers allowance.)

·   Plumbing and mechanical services employees employed on a service core no higher than 15 metres above the main structure must be paid in accordance with the multistorey allowance prescribed in clause 21.5(d).

·   Any section of a service core exceeding 15 metres above the highest point of the main structure must be disregarded for the purpose of calculating the multistorey allowance applicable to the main structure.

21.6               Wage-related allowances—Conditions for payment of allowances and additional payments required

(a)          Acid plants and chemicals works

[21.6(a)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee engaged in work carried out on a production plant in chemical works or acid plants or acid furnaces, stills or towers which have been commissioned must be paid an additional $3.06 rate per hour.

(ii)          This special rate will not apply to an employee who receives the lead burning allowance prescribed in clause 21.4(c).

(b)         Aluminum foil insulation

[21.6(b)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            Where required to work on the fixing of aluminum foil insulation roofs or walls prior to the sheeting thereof, an employee must be paid an additional $0.68 per hour or part thereof.

(ii)          Anti-glare type foil is exempted from this payment.

(c)          Asbestos eradication

[21.6(c) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

Employees engaged in work involving the removal or any other method of neutralisation of any material which consists of or contains asbestos, must be paid an additional $2.83 per hour worked instead of the special rates prescribed in clause 21.6, with the exception of clauses 21.6(f) and 21.6(k).

(d)         Asbestos materials

[21.6(d) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

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 must be paid an additional $1.05 per hour whilst wearing such equipment.

(e)          Bitumen work

[21.6(e) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee handling hot bitumen or asphalt or dipping materials in creosote must be paid an additional $1.05 per hour.

(f)           Cold work

[21.6(f)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee who works in a place where the temperature is lowered by artificial means to less than 0°Celsius must be paid an additional $0.84 per hour.

(ii)          Where such work continues for more than 2 hours, the employee will be entitled to a 20 minute rest after every 2 hours work without loss of pay, not including the special rate provided by clause 21.6(f)(i).

(g)          Cutting tiles

[21.6(g) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee engaged on cutting tiles by electric saw must be paid an additional $1.05 per hour whilst so engaged.

(h)         Explosive powered tools

[21.6(h) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An operator of explosive powered tools, as defined in this award, who is required to use an explosive powered tool, must be paid an additional $1.99 per hour for every day on which they use such a tool.

(i)            Fumes

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

(j)           Hospitals and morgues

[21.6(j)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i) 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 must be paid an additional $0.08 per hour, but in any event not less than $0.58 per day or part thereof.

[21.6(j)(ii) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(ii) An employee working inside a morgue in which one or more dead bodies are not in refrigeration must be paid an additional $0.08 per hour, but in any event not less than $0.58 per day or part thereof.

(k)         Hot work

[21.6(k)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee who works in a place where the temperature has been raised by artificial means to between 46° and 54° Celsius must be paid an additional $0.84 per hour or part thereof; with an additional $1.05 per hour or part thereof, where the temperature exceeds 54° Celsius.

(ii)          Where such work continues for more than 2 hours, the employee will be entitled to 20 minutes’ rest after every 2 hours’ work without loss of pay, not including the special rate provided by clause 21.6(k)(i).

(l)            Insulation

[21.6(l)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            An employee 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, must be paid an additional $1.05 per hour or part thereof.

(ii)          This extra rate will also apply to an employee working in the immediate vicinity who is affected by the use of such materials.

(m)       Service shafts

[21.6(m)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            In addition to the foregoing and any other allowances payable under this award, a service shaft allowance must be paid to employees when required to work in service shafts on installation work on the following basis:

Time

$ per day

For any day including a Saturday or Sunday where the time spent in the service shaft is not more than 4 hours

2.59

For any day including a Saturday or Sunday where the time spent in the service shaft exceeds 4 hours but not more than 8 hours

5.13

[21.6(m)(ii) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(ii)          In addition to the amounts prescribed above in this table, where the aggregate of time spent in a service shaft on any day including a Saturday or Sunday exceeds 8 hours, such employees must be paid $0.81 for each whole hour so worked.

(n)         Towers

[21.6(n) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

An employee working on a chimney stack, spire, tower, radio or television mast or tower, air shaft (other than above ground in a multistorey building), cooling tower, water tower or silo, where the construction exceeds 15 metres in height, must be paid for all work above 15 metres an additional $0.84 per hour, with an additional $0.84 per hour for work above each further 15 metres.

(o)          Toxic substances

[21.6(o)(i) varied by PR729291, PR740717, PR762146 ppc 01Jul23]

(i)            Employees using toxic substances or materials of a like nature must be paid an additional $1.18 per hour. Employees working in close proximity to employees so engaged must be paid an additional $0.84 per hour.

(ii)          For the purpose of clause 21.6(o), toxic substances will include epoxy-based materials and all materials which include or require the addition of a catalyst hardener, reactive additives and a 2 pack catalyst system.

(iii)        Where an employee is using materials of the types mentioned in clause 21.6(o)(ii) and such work continues into their meal break they will be entitled to take washing time of 10 minutes immediately prior to their meal breaks. Where this work continues to the finishing time of the day or is finished at any time prior to the finishing time of the day, washing time of 10 minutes will be granted. The washing time break or breaks will be counted as time worked.

21.7               Allowances for disabilities associated with the performance of particular tasks or work in particular conditions or locations do not attract 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 allowance will be payable. Allowance definitions, including the conditions for payment of allowances and additional payments required are contained in clause 21.6.

21.8               Expense-related allowances—expenses incurred in the course of employment

(a)          Tool allowance

[21.8(a) varied by PR762309 ppc 01Jul23]

Where an employer requires an employee to provide tools, other than basic consumables, the employer will reimburse the employee the cost of providing the tools or pay the employee a weekly allowance of $22.96 to compensate for the purchase and maintenance in efficient working order of tools required for the performance of work.

(b)         Meals

[21.8(b) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

An employee required to work overtime for at least one and a half hours after working ordinary hours must be paid by their employer an amount of $15.54 to meet the cost of a meal, plus an additional $15.54 for each subsequent 4 hours worked. The employer may provide a meal or meals instead of paying any such allowance.

(c)          Work uniforms, protective clothing and equipment

(i)            Where employers require employees to wear uniforms the employers must provide the uniform. Any replacement uniform will be provided as necessary by the employer.

(ii)          Employee to return uniform upon termination of employment.

(iii)        Where an employee is required to wear protective clothing and/or use protective equipment as stipulated by the relevant law operating in a State or Territory covered by this award, the employer must supply the clothing and/or equipment or reimburse the employee for the cost of such protective clothing and/or equipment.

(d)         Compensation for tools and clothes

(i)            An employee whose clothes, spectacles, hearing aid, or tools have been accidentally spoilt by acid, sulphur or other substances must be paid such amount to cover the loss suffered by the employee in relation to any such items not supplied by the employer as may be agreed upon between the employee and the employer.

[21.8(d)(ii) varied by PR762309 ppc 01Jul23]

(ii)          An employee will be reimbursed by their employer to a maximum of $1335.00:

·   for loss of tools or clothing by fire or breaking and entering whilst securely stored at the employer’s direction in a room or building on the employer’s premises, job or workshop;

·   if the tools are lost or stolen while being transported by the employee at the employer’s direction;

·   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.

(iii)        An employee transporting their own tools will take all reasonable care to protect those tools and prevent theft or loss.

(iv)        Where an employee is absent from work because of illness or accident and has advised the employer, the employer will ensure that the employee’s tools are securely stored during their absence. In the event that these tools are lost or stolen, clause 21.8(d)(ii) applies.

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

(vi)        For the purposes of clause 21.8(d):

·   only tools used by the employee in the course of their employment will be covered by clause 21.8(d);

·   the employee will, if requested to do so, furnish the employer with a list of tools so used;

·   reimbursement will be at the current replacement value of new tools of the same or comparable quality; and

·   the employee will report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

21.9               Expense-related allowances—fares and travelling time

(a)          The fares and travelling time allowances are daily allowances that will be paid in accordance with the following table:

 

Travel time

Fares

Employee is required to start or finish on the job using own vehicle

Paid

Paid

Employee is required to start or finish on the job using public transport

Paid

Paid

Employee is required to start or finish on the job provided with or offered transport

Paid

Not paid

Employee is required to start and finish at the workshop

Not paid

Not paid

Employee is provided with or offered accommodation at job site

Not paid

Not paid

RDOs (where the employee normally receives standard fares and travelling allowances)

Paid

Paid

Annual leave

Not paid

Not paid

Public holidays

Not paid

Not paid

Personal leave

Not paid

Not paid

(b)         Fares allowances

[21.9(b) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

Subject to clause 21.9(a), employees will be paid a fares allowance of $15.81 per day.

(c)          Standard travelling time allowance

(i)            The standard travelling time component is an amount based on travel within a defined radius set out in clause 21.9(c)(ii).

·   for plumbing and mechanical services and irrigation installer employees, the standard travelling time component is an amount the equivalent of 25% of the minimum hourly rate of the employee’s classification per day; and

·   for fire sprinkler fitter employees the standard travelling time component is an amount the equivalent of 75% of the minimum hourly rate of the employee’s classification per day.

(ii)          The defined radius is 50 kms from the centre of employment as determined under clause 21.9(c)(iv).

(iii)        An employer having determined its centre of employment under clause 21.9(c)(iv) will not change that centre without at least 28 days’ prior notice to each of its employees.

(iv)        An employer may determine its centre of employment by reference to one of the following options:

·   the employer’s normal base establishment or workshop;

·   the GPO, or Principal Post Office of the capital city or major regional centre for all employees whose base establishment or workshop is within the defined radius from the said Post office;

·   the local Post Office closest to the employer’s establishment or workshop beyond the defined radius of the Post Office 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 their employer, for that distant job.

(d)         Travelling time allowance beyond the defined radius

(i)            Where an employee is required to work at a job site beyond the defined radius, an additional travelling time component is to be paid per day of either:

·   an amount equivalent to 25% of the respective minimum hourly rate; or

·   an amount equivalent to the actual time incurred in travelling the distance from the defined radius to the job site and the return from the job site to the defined radius;

whichever is the greater.

(ii)          For the purposes of clause 21.9(d)(i), the actual time incurred in travelling is to be calculated by reference to a speed not exceeding the legal speed limit.

(e)          Transfer between job sites during working hours

(i)            Employees transferred from one job site to another during ordinary working hours must be paid their ordinary rate of pay for the time occupied in travelling, and unless transported by the employer, will be reimbursed the reasonable cost of fares by the most convenient public transport between such job sites.

[21.9(e)(ii) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

(ii)          Where the employer requests an employee to use their own vehicle to effect such a transfer, and the employee agrees to do so the employee will be paid an allowance at the rate of $0.95 per kilometre.

(f)           Mileage allowance for travel beyond defined radius

[21.9(f) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

An employee entitled to the additional travelling time allowance beyond the defined radius under clause 21.9(e) and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.52 per kilometre as reimbursement for the additional fuel costs incurred covering the combined distance from the defined radius to the job site and return to the defined radius.

(g)          Distant work

(i)            When an employee is required to travel from their normal place of employment or their normal place of residence to a distant job (as defined) the employee will be reimbursed for all travelling expenses incurred.

(ii)          The mode of travel will be as directed by the employer provided the comfort of the employee will be of a standard not less than that of economy class travel.

(iii)        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 8 hours in any one day.

(iv)        For sprinkler fitter trades, payment will be made at 150% of the ordinary hourly rate where the employer requires the employee to travel on Sundays and public holidays.

(v)          Where the employee is not accommodated on the actual site of the distant job, their place of accommodation will become the centre as defined by clause 21.9(c)(iv) and fares and travelling time must be paid as prescribed by clauses 21.9(b), 21.9(c) and 21.9(d) as the case may be.

(h)         Entitlement

(i)            Upon any day when an employee, in accordance with the employer’s requirements, reports for work, or allocation of work, the 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.

(ii)          The allowances set out in clause 21.9 will not be taken into account in calculating overtime, penalty rates, annual or personal/carer’s leave.

21.10           Expense-related allowances—Living away from home—distant work

(a)          Qualification

An employee will be entitled to the provisions of clause 21.10 when employed on a job or construction work at such a distance from their usual place of residence that the employee cannot reasonably return to that place each night.

(b)         Employee’s address

(i)            At the time of engagement, the employee will provide, on the employer’s request, details of their 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.

(ii)          The employer will not exercise undue influence, for the purpose of avoiding its obligations under this award, to persuade the employee to give a false address. No subsequent change of address will entitle an employee to the provisions of clause 21.10 unless the employer agrees.

(c)          Entitlement

[21.10(c)(i) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

(i)            Where an employee qualifies under clause 21.10(a) the employer will either:

·   provide the worker with reasonable board and lodging;

·   pay an allowance of $612.43 per week of 7 days but such allowance will not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance will be $87.55 per day. The foregoing allowances will be increased if the employee satisfies the employer that the employee reasonably incurred a greater outlay than that prescribed; or

·   in circumstances prescribed in clause 21.10(d)(v) provide construction camp accommodation and messing.

(d)         Travelling expenses

An employee who is sent by their employer or selected or engaged by an employer or agent to go to a job which qualifies the employee to the provision of clause 21.10(d) will not be entitled to any of the allowances prescribed by clause 21.9—Expense-related allowances—fares and travelling time, for the period occupied in travelling from the employee’s usual place of residence to the distant job, but instead must be paid as follows:

(i)            Forward journey

[21.10(d)(i) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

·   For the time spent in so travelling, at the ordinary hourly rate up to a maximum of 8 hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

·   For the amount of the fare on the most common method of public transport to the job (bus, air or rail with sleeping berths if necessary), any excess payment due to transporting the employee’s tools if such an expense is incurred.

·   For any meals incurred while travelling at $15.54 per meal.

·   The employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within 2 weeks of commencing on-the-job and who does not forthwith return to their place of engagement.

(ii)          Return journey

[21.10(d)(ii) varied by PR729480, PR740885, PR743422, PR762309 ppc 01Jul23]

·   An employee will, for the return journey, receive the same time, fares, and meal payments as provided in clause 21.10(d)(i), together with an amount of $29.17 to cover the cost of transporting themselves and their tools from the main public transport terminal to the employee’s usual place of residence.

·   The above return journey payments will not be paid if the employee terminates or discontinues the employment within 2 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.

·   Departure point—for the purposes of clause 21.10(d), 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.

(iii)        Daily fares allowance

An employee engaged on a job which qualifies the employee to the provisions of clause 21.10 and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) must be paid the fares allowance prescribed by clause 21.9(b).

(iv)        Weekend return home

[21.10(d)(iv) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

·   An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or their representative, no later than Tuesday of each week, of the employee’s intention to return to the employee’s usual place of residence for the weekend, must be paid an allowance of $49.19 for each occasion. This provision will not apply to an employee who is receiving the payment prescribed in clause 21.10(c) instead of board and lodging being provided by the employer or who is receiving a camping allowance as prescribed in clause 21.10(d)(v).

·   When an employee returns home for a weekend or part of a weekend and does not absent themself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in clause 21.10(c) will be made.

(v)          Construction camps

[21.10(d)(v) varied by PR729480, PR740885, PR762309 ppc 01Jul23]

·   Camp and caravan accommodation

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

·   Camping allowance

An employee living in a construction camp or caravan accommodation where free messing is not provided will receive a camping allowance of $244.06 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee must be paid $34.98 per day including any Saturday or Sunday if the employee is in camp and available for work on the working day immediately preceding and succeeding each Saturday or Sunday. If an employee is absent without the employer’s approval on any day, the allowance will not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance will not be payable for the Saturday or Sunday.

(e)          Rest and recreation

(i)            Rail or road travel

·   An employee who proceeds to a job which qualifies them for the provisions of clause 21.10(e) may, after 2 months’ continuous service and thereafter at 3 monthly periods in respect of plumbing and mechanical services employees, and 2 months’ continuous service and 2 monthly periods thereafter in respect of sprinkler fitters, return to the employee’s usual place of residence at the weekend.

·   If the employee does so, the employee must be paid the amount of a bus or return railway fare to the bus or railway station nearest their usual place of residence on the pay day which immediately follows the date on which the employee returns to the job, provided no delay not agreed to by the employer takes place in connection with the employee’s commencement of work on the morning of the working day following the weekend.

·   Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days (14 days for a sprinkler fitter) after expiration of any such period of 2 or 3 months, then the provisions of clause 21.10(e)(i) will not be applicable.

·   This entitlement will be availed of as soon as reasonably practical after it becomes due and will lapse after a period of 2 months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date 2 months later. Proof of such written notice will lie with the employer.

·   Service requirements—for the purpose of clause 21.10(e)(i) service will be deemed to be continuous despite an employee’s absence from work as prescribed in clause 21.10(e).

(ii)          Variable return home

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

(iii)        No payment for unused fares

Payment of fares as provided for in clause 21.10(e)(i) will not be made unless used by the employee.

(iv)        Flexible rostered day off

If the employer and employee so agree in writing, the paid rostered day off as prescribed in clause 15—Ordinary hours of work over a four week work cycle, may be taken, and paid for, in conjunction with and additional to rest and recreation leave as prescribed in clause 21.10(e) or at the end of the project or on termination, whichever comes first.

(v)          Termination

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

21.11           Inclement weather

(a)          Definition of inclement weather

Inclement weather means the existence of rain or abnormal climatic conditions (whether hail, extreme cold, high wind, severe dust storm, extreme high temperature or the like or any combination of these conditions) where it is not reasonable or it is unsafe for employees to continue working in those conditions.

(b)         Conference procedure for inclement weather

The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 21.11 apply.

(c)          Restrictions on payments

An employee will not be entitled to payment for inclement weather as provided for in clause 21.11(d) unless the employee remains on-the-job until the provisions set out in clause 21.11(b) have been observed.

(d)         Payment for lost time due to inclement weather

An employee will be entitled to payment by their employer for ordinary time lost through inclement weather for up to, but not more than 32 hours in every period of 4 weeks. The following conditions will apply:

(i)            the first period will commence on the first Monday on or after the 1 January each year, and subsequent periods will commence at 4 weekly periods thereafter;

(ii)          the employee will be credited with 32 hours at the commencement of each 4 weekly period. Hours will not accumulate or be carried over;

(iii)        if an employee commences employment during a 4 weekly period they will be credited 8 hours for each week, or part of a week, that the employee is employed during the 4 weekly period;

(iv)        the number of hours credited to an employee will be reduced by the number of hours for which payment is made; and

(v)          payment under clause 21.11 will be weekly.

(e)          Transfer of work site due to inclement weather

(i)            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.

(ii)          Where an employee is transferred from one site to another the employee will be reimbursed the cost of transport in accordance with clause 21.9(e) except where the employer provides transport.

(f)           Employees required to work in inclement weather

(i)            Except as provided in clause 21.11(f) an employee will not work or be required to work in inclement weather.

(ii)          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 the site safe as circumstances require. Employees engaged on such work must be paid 200% of the ordinary hourly rate.

(iii)        Where the employer requires an employee to work in inclement weather, the employee will be reimbursed in full the cost of appropriate protective clothing, except where the employer provides such protective clothing.

(iv)        If the employee’s 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.

(g)          Cessation and resumption of work

(i)            At the time employees cease work due to inclement weather the employer or their representative on site and the employees’ representative will agree and note the time of cessation of work.

(ii)          After the period of inclement weather has clearly ended the employees will resume work and the time will be similarly agreed and noted.

(h)         Safety

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

(i)            Additional wet weather procedure

(i)            Remaining on site

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

·   for more than an accumulated total of 4 hours of ordinary time in any one day;

·   after the meal break, as provided in clause 16.1, for more than an accumulated total of 50% of the normal afternoon work time;

·   during the final 2 hours of the normal work day for more than an accumulated total of one hour;

the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above. Where, by agreement between the employer and/or their representative and the employees and/or their representative, the employees remain on site beyond the periods specified, any such additional wet time must be paid for but will not be debited against the employees’ hours. Wet time occurring during overtime will not be taken into account for the purposes of clause 21.11(i).

(ii)          Rain at starting time

Despite the provisions of clause 21.11(f) where the employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they may be required to go to work in a dry area or to be transferred to another site where:

·   the rain stops;

·   a covered walk-way has been provided;

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

·   adequate protection is provided. Protection will, where necessary, be provided for the employee’s tools.

Part 5—Overtime and Penalty Rates

22.                 Overtime

[Varied by PR747564, PR763233]

22.1               General overtime, weekend and public holiday work

(a)          All overtime worked must be paid for in accordance with the following table:

Day

Full-time and part-time employees

% ordinary hourly rate

Casual employees

% ordinary hourly rate

Monday to Friday—all employees

First 2 hours

150

175

After 2 hours

200

225

Saturday—sprinkler fitters

200

225

Saturday—plumbing and mechanical services employees, irrigation installer employees

First 2 hours

150

175

After 2 hours

200

225

After 12 noon

200

225

Sunday—all employees

200

225

Public holidays—all employees

250

275

Work commenced after midnight and before start of ordinary hours

200

225

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 12.2 to the overtime rates for full-time and part-time employees prescribed by clause 22.1(a).

(b)         An employee required to work on a Saturday will be given at least 3 hours of work.

(c)          An employee required to work on a Sunday or a public holiday will be given at least 4 hours of work.

[New 22.1(d) inserted by PR747564 ppc 14Nov22]

(d)         Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 22.1(c).

[22.1(d) renumbered as 22.1(e) by PR747564 ppc 14Nov22]

(e)          Clauses 21.6(b) and 22.1(c) will not apply in circumstances where the employee is recalled to work in accordance with clause 22.2—Call-back.

[22.1(e) renumbered as 22.1(f) by PR747564 ppc 14Nov22]

(f)           An employee working overtime on a Saturday, Sunday or public holiday will be allowed a paid rest period of 10 minutes. This rest period will be paid for as though worked.

[22.1(f) renumbered as 22.1(g) by PR747564 ppc 14Nov22]

(g)          An employee working on a Saturday, Sunday or public holiday will be allowed a paid meal break in accordance with clause 22.8.

22.2               Call-back

(a)          An employee recalled to work overtime after leaving their employer’s business premises (whether notified before or after leaving the premises) must be paid

(i)            plumbing and mechanical services employees—for a minimum of 3 hours’ work;

(ii)          sprinkler fitter employees—for a minimum of 4 hours’ work.

Except in the case of unforeseen circumstances arising the employee will not be required to work the full minimum hours if the job or jobs the employee was recalled to perform are completed within a shorter period.

(b)         Clause 22.2 will not apply in cases where it is customary for an employee to return to their employer’s premises to perform a specific job outside their ordinary working hours, where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time or in the case of service work.

22.3               Working during meal break

If an employer requires an employee to work through their normal meal break the employee must be paid at the rate of:

(a)          Plumbing and mechanical services employees200% of the employee’s ordinary hourly rate;

(b)         Sprinkler fitter employees—150% of the employee’s ordinary hourly rate,

until the employee is allowed to take such break. Where the meal break is shortened by agreement, the employer will pay for the period by which the meal break is shortened, which will then form part of ordinary time hours.

22.4               Restriction on overtime for apprentices

(a)          No apprentice under the age of 18 years will be required to work overtime unless the employee chooses to do so.

(b)         No apprentice will, except in an emergency, work or be required to work overtime at times which would prevent their attendance at Registered Training Organisation, as required by any statute, award or regulation applicable to them.

22.5               Transport after overtime or holiday work

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

22.6               Time off instead of payment for overtime

(a)          An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b)         Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 22.6.

(c)          An agreement must state each of the following:

(i)            the number of overtime hours to which it applies and when those hours were worked;

(ii)          that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii)        that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv)        that any payment mentioned in clause 22.6(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 22.6 is set out at Schedule J—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule J—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 22.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d)         The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 22.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e)          Time off must be taken:

(i)            within the period of 6 months after the overtime is worked; and

(ii)          at a time or times within that period of 6 months agreed by the employee and employer.

(f)           If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g)          If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h)         The employer must keep a copy of any agreement under clause 22.6 as an employee record.

(i)            An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j)           An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.6 will apply, including the requirement for separate written agreements under clause 22.6(b) for overtime that has been worked.

[Note varied by PR763233 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k)         If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.6.

22.7               Overtime rest breaks

(a)          When an employee is required to work overtime after their usual finishing time for the day for 2 hours or more, the employee will be allowed a paid rest break of 20 minutes in duration immediately after their usual finishing time and thereafter, after each 4 hours of continuous work, the employee will be allowed to take also a paid rest break of 30 minutes in duration.

(b)         In the event of an employee remaining at work after their usual finishing time without taking the paid rest break of 20 minutes and continuing at work for a period of 2 hours or more, the employee will be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

(c)          For the purpose of clause 22.7, usual finishing time is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 15—Ordinary hours of work over a four week work cycle.

(d)         Clauses 16.3 and 22.7(a) do not apply in the case of an employee who is allowed the rest periods prescribed by clauses 21.6(k) and 21.6(f).

(e)          Where an agreement is reached pursuant to clause 16.2, the agreement may make provision for the variation of work breaks to suit the arrangement of hours of work.

22.8               Overtime meal breaks

(a)          An employee working on a Saturday, Sunday or public holiday will be allowed a paid meal break of 20 minutes after 4 hours of work, to be paid at the relevant overtime rate in clause 22— Overtime, but this will not prevent any arrangement being made for a 30 minute meal period, the time in addition to the paid 20 minutes being without pay.

(b)         In the event of an employee being required to work in excess of a further 4 hours, the employee will be allowed to take a paid rest break of 30 minutes payable at the relevant overtime rate in clause 22— Overtime.

23.                 Penalty rates

[Varied by PR747564]

23.1               Shiftwork

(a)          Where an employee is directed by the employer to work ordinary hours between midnight on Sunday and midnight on Friday, and the employee is:

(i)            given no less than 48 hours’ notice prior to the commencement of shiftwork by the employer; and

(ii)          the work is for 5 or more consecutive shifts;

the employee will be paid 133% of their ordinary hourly rate of pay for such ordinary hours worked.

(b)         Where an employee is directed by the employer to work ordinary hours between midnight on Sunday and midnight on Friday, and the employee is:

(i)            given less than 48 hours’ notice prior to the commencement of shiftwork by the employer; or

(ii)          the work is for less than 5 consecutive shifts;

the employee will be paid 150% of their ordinary hourly rate for the first 2 hours and 200% of their ordinary hourly rate thereafter for such ordinary hours worked.

23.2               Weekend work

Where an employee is directed by the employer to work ordinary hours between midnight on Friday and midnight on Sunday, the employee will be paid in accordance with the following table:

Day

% of the ordinary hourly rate

Between midnight on Friday and midnight on Saturday

First 2 hours

150

After 2 hours

200

Between midnight on Saturday and midnight on Sunday

200

23.3               Public holidays

(a)          Where an employee is directed to work ordinary hours on a public holiday or substitute days as prescribed in clause 29—Public holidays, the employee will be paid at 250% of their ordinary hourly rate for such ordinary hours worked.

(b)         A plumbing and mechanical services employee required to perform any work on a public holiday will be given at least 4 hours’ work or paid for 4 hours at the appropriate rate.

[23.3(c) inserted by PR747564 ppc 14Nov22]

(c)          Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 23.3(b).

23.4               Travel

Where an employee, after having worked a shift, finishes at a time when reasonable means of transport are not available, the employer will provide the employee with a conveyance to their home, or pay the employee their current wage for the time reasonably spent occupied in reaching their home.

23.5               Application of penalty rates

(a)          All penalty rates will be exclusive of each other (i.e. only one penalty rate will be payable at any given time).

(b)         Penalty rates will not apply where overtime is payable.

23.6               Breaks

An employee directed to work ordinary hours in accordance with clause 23—Penalty rates will be allowed a meal break in accordance with clause 16.1—Unpaid meal breaks and a daily rest break in accordance with clause 16.3—Paid rest period.

23.7               Overtime

An employee directed to work overtime after having worked, or before working, ordinary hours in accordance with clause 23—Penalty rates, will be paid in accordance with clause 22— Overtime.

Part 6—Leave and Public Holidays

24.                 Annual leave

[Varied by PR751058]

24.1               Annual leave is provided for in the NES.

24.2               Leave entitlement

(a)          In addition to the entitlement to annual leave in the NES, employees who work or are required to be on-call for any part of 26 weekends or more in any year of employment are entitled to an additional week’s annual leave on the same terms and conditions.

(b)         For the purpose of the additional week of leave provided by the NES, a shiftworker means a continuous shiftworker as defined in this award.

24.3               Payment for annual leave

(a)          Section 90 of the Act prescribes the basis for payment for annual leave, including payment for untaken leave upon the termination of employment.

(b)         In addition to the payment provided for in section 90 of the Act an employer is required to pay an additional leave loading of 17.5% of that payment, calculated on the rates, loadings and allowances prescribed by clauses 18—Minimum rates, 21.2—All-purpose allowances and 21.9—Expense-related allowances—fares and travelling time.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

24.4               Direction to take annual leave during shutdown

[24.4 renamed and substituted by PR751058 ppc 01May23]

(a)          Clause 24.4 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period in conjunction with the Christmas/New Year period for the purpose of giving the whole of the annual leave due to all, or the majority of their employees qualified for such leave (temporary shutdown period); and

(ii)          wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees two months’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 24.4(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 24.4(d):

(i)            must be in writing; and

(ii)          must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 24.4(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 24.4(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 24.5.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 24.5, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 24.7 to 24.9 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 24.4.

24.5               Annual leave in advance

(a)          An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b)         An agreement must:

(i)            state the amount of leave to be taken in advance and the date on which leave is to commence; and

(ii)          be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

NOTE: An example of the type of agreement required by clause 24.5 is set out at Schedule K—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule K—Agreement to Take Annual Leave in Advance.

(c)          The employer must keep a copy of any agreement under clause 24.5 as an employee record.

(d)         If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.5, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.6               Cashing out of annual leave

(a)          Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.6.

(b)         Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.6.

(c)          An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d)         An agreement under clause 24.6 must state:

(i)            the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii)          the date on which the payment is to be made.

(e)          An agreement under clause 24.6 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f)           The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g)          An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h)         The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i)            The employer must keep a copy of any agreement under clause 24.6 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 24.6.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.6.

NOTE 3: An example of the type of agreement required by clause 24.6 is set out at Schedule L—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule L—Agreement to Cash Out Annual Leave.

24.7               Excessive leave accruals: general provision

NOTE: Clauses 24.7 to 24.9 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a)          An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2(b)).

(b)         If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c)          Clause 24.8 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d)         Clause 24.9 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

24.8               Excessive leave accruals: direction by employer that leave be taken

(a)          If an employer has genuinely tried to reach agreement with an employee under clause 24.7(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b)         However, a direction by the employer under clause 24.8(a):

(i)            is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.7, 24.8 or 24.9 or otherwise agreed by the employer and employee) are taken into account; and

(ii)          must not require the employee to take any period of paid annual leave of less than one week; and

(iii)        must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv)        must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c)          The employee must take paid annual leave in accordance with a direction under clause 24.8(a) that is in effect.

(d)         An employee to whom a direction has been given under clause 24.8(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 24.8(d) may result in the direction ceasing to have effect. See clause 24.8(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

24.9               Excessive leave accruals: request by employee for leave

(a)          If an employee has genuinely tried to reach agreement with an employer under clause 24.7(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b)         However, an employee may only give a notice to the employer under clause 24.9(a) if:

(i)            the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii)          the employee has not been given a direction under clause 24.8(a) that, when any other paid annual leave arrangements (whether made under clause 24.7, 24.8 or 24.9 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c)          A notice given by an employee under clause 24.9(a) must not:

(i)            if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.7, 24.8 or 24.9 or otherwise agreed by the employer and employee) are taken into account; or

(ii)          provide for the employee to take any period of paid annual leave of less than one week; or

(iii)        provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv)        be inconsistent with any leave arrangement agreed by the employer and employee.

(d)         An employee is not entitled to request by a notice under clause 24.9(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 24.2(b)) in any period of 12 months.

(e)          The employer must grant paid annual leave requested by a notice under clause 24.9(a).

25.                 Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

26.                 Parental leave and related entitlements

[26 varied by PR763233 ppc 01Aug23]

Parental leave and related entitlements are provided for in the NES.

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 32—Dispute resolution and/or under section 76B of the Act.

27.                 Community service leave

Community service leave is provided for in the NES.

28.                 Family and domestic violence leave

[28—Unpaid family and domestic violence leave renamed and substituted by PR750520 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

29.                 Public holidays

[Varied by PR747564]

29.1               Public holiday entitlements are provided for in the NES.

29.2               An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

29.3               An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[29.4 deleted by PR747564 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution