Isle Plumbing Pty Ltd
[2013] FWCA 5004
•1 AUGUST 2013
[2013] FWCA 5004 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Isle Plumbing Pty Ltd
(AG2013/7589)
ISLE QUEENSLAND & ITS EMPLOYEES ENTERPRISE COLLECTIVE AGREEMENT 2012
Plumbing industry | |
DEPUTY PRESIDENT LAWRENCE | SYDNEY, 1 AUGUST 2013 |
Application for variation of the Isle Queensland and its Employees Enterprise Collective Agreement 2012.
[1] An application has been made for approval of a variation of the Isle Queensland and its Employees Enterprise Collective Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Isle Plumbing Pty Ltd.
[2] The application seeks to vary the Agreement by inserting a new clause 2.5 as follows:
“2.5 This Agreement only applies to work done in Queensland for Meriton Pty Ltd, for workers for whom classifications and rates of pay are provided by in this Agreement.”
[3] The variation was not lodged within 14 days after it was made. Pursuant to s.210(3)(b) of the Act, I consider it fair to extend the time for making this application until the actual date of lodgement.
[4] I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.
[5] The application is approved and the consolidated version of the Agreement, incorporating the variations, is attached as Annexure A to this decision.
[6] The variation operates from 1 August 2013
DEPUTY PRESIDENT
Annexure A
Isle Queensland & its Employee’s
Enterprise Collective Agreement
2012
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
Isle Queensland & its Employee’s Enterprise Collective Agreement 2012
“The Agreement”
Between:
Isle Plumbing Pty Ltd trading as Isle Plumbing
ABN: 75 098 682 430
Of
“The Company” or “The Employer”
Signature for employer: ___________________
Name: ________________________________
Position: _______________________________
Date: _________________________________
Witness Signature ________________ ___ ____
Name _________________________ ____ ____
Date: _________________________________
And
The employees of
Isle Plumbing Pty Ltd trading as Isle Plumbing
Signature Employee Representative_______________________
Employee Name __ _______________ ____
Position: _____________________ ___ ____
Date: __________________________ __ _____
Witness Signature ________________
Name __________________________
Date: __________________________
ISLE QUEENSLAND & ITS EMPLOYEE ENTERPRISE COLLECTIVE AGREEMENT 2012
1. Parties to the Agreement
1.1. All employees engaged by Isle Plumbing Pty Ltd in the State of Queensland.
1.2. Name of employer: Isle Plumbing Pty Ltd
2. Operation of Agreement
2.1. This Agreement is intended by the Parties to be lodged with Fair Work Australia as an Enterprise Collective Agreement (ECA) in accordance with the requirements of the Fair Work Act 2009 (The Act).
2.2. This Agreement will take effect from the date of approval by Fair Work Australia.
2.3. This agreement will have a nominal expiry date of 1st April 2016
2.4. This ECA will continue to operate for a period of four years, unless it is replaced by another Agreement or is terminated in accordance with the relevant Act).
2.5. This Agreement only applies to work done in Queensland for Meriton Pty Ltd, for workers for whom classifications and rates of pay are provided by in this Agreement.
3. National Code of Practice for the Construction Industry (The Code)
3.1. The terms and conditions of this agreement comply with the National Code of Practice for the Construction Industry (The Code).
4. The Role
4.1. You will be employed by the Company on a full-time permanent, permanent part-time or casual basis.
4.2. Engagement of Employees
4.2.1. All prospective employees may be required to complete an Application for Employment form, prior to engagement. Applicants may also be required to undertake a pre-employment physical/medical assessment, the cost of which will be borne by the company. Any employee who knowingly provides false information in their application or in the medical may be dismissed.
4.2.2. All employees will initially be engaged on probation for a period of six (6) months.
4.2.3. All new employees will undergo an industry approved safety induction programme.
4.3. Full-Time Employment
4.3.1. A full-time employee is engaged on a daily hire basis and shall work the hours shown in clause 16 of this agreement.
4.4. Part-time Employment
4.4.1. Employees may be employed on a part-time basis under the following conditions:
4.4.1.1. An employee so engaged shall be paid the hourly rate prescribed for the classification in which the employee is engaged;
4.4.1.2. An employee who is currently working full-time who wishes to change to part-time employment may do so if the company agrees and vice versa;
4.4.1.3. The employee's ordinary hours will be within the days and span of hours set out in this agreement;
4.4.1.4. The actual ordinary hours of work per week will be those agreed between the company and the employee from time to time and may be up to 38 hours in the week without penalty;
4.4.2. Part-time employees will accrue leave entitlements on a pro-rata basis according to the proportion of the usual average week that they work.
4.5. Casual Employment
4.5.1. The company may engage casual employees subject to the following:
4.5.1.1. Casual employees shall be paid at the appropriate rate of pay for their classification in accordance with this agreement plus a 25% loading. This loading shall be compensation for ordinary hours, public holidays not worked, annual leave, sick leave, redundancy pay and all other rates or allowances associated with the employees duties and to compensate for the nature of casual employment;
4.5.1.2. A casual Employee required to work overtime or weekend work shall be entitled to the relevant overtime rates provided in this Agreement, provided that:
4.5.1.2.1. Where the relevant overtime rate is time and a half, the casual Employee shall be paid 150 percent of the hourly rate prescribed in Schedule 3 Remuneration; and
4.5.1.2.2. Where the relevant overtime rate is double time, the casual Employee shall be paid 200 percent of the hourly rate prescribed in Schedule 3 Remuneration;
4.5.1.3. A casual employee shall be paid the fares and travel allowance as prescribed in clause 18.1;
4.5.1.4. A casual employee shall be paid for a minimum of four (4) hours work per day;
4.5.1.5. Casual employees shall be entitled to Superannuation subject to earning more than $450 in any month and if under 18 years of age, must work at least 30 hours per week;
4.5.1.6. Casual employment may be terminated by the giving of an hours' notice on either side, or the payment or forfeiture of an hours' pay;
4.5.1.7. Casual employees shall be required to have appropriate footwear on commencement with the Company; and
4.5.1.8. Casual employees engaged for a consistent period of more than 16 weeks from their date of commencement shall be converted to a full time employee.
5. Terms and Conditions
5.1. The purpose of this agreement is to tailor the payment of wages and conditions to the specific business structure of Isle Plumbing Pty Ltd, and to increase business options and employment stability.
5.2. The terms and conditions in this agreement completely replace any applicable awards, terms and conditions of employment, or prior agreement or understanding that may have applied to your employment prior to the date this agreement was approved.
5.3. This agreement including attached Schedules, together with the Companies Employee Policy Manual, constitutes the entire agreement and understanding between you and the Company on everything connected with your employment.
5.4. If any term of this agreement is found to be, or becomes, unenforceable or contrary to law, it will be severed and this will not in any way affect the enforceability of the remaining terms of the agreement.
6. Warranties for employees
6.1. You warrant that all representations whether oral or in writing, made by you as to your qualifications and experience to the Company or its agents or representatives in applying for this position are true and complete and you hold a current and valid occupational license.
6.2. You have disclosed to the Company any injuries and illnesses previously suffered by you that may affect your ability to perform the inherent requirements of your position.
6.3. In the event that the information requested by the Company is not supplied, or if any information supplied is found to be incorrect or misleading or is not satisfactory, your employment may be terminated.
7. Place of Work
7.1. During your employment with the Company, you will be engaged at various sites as determined by the Employer.
7.2. You may also be required to travel as part of your duties, and you agree to undertake the reasonable travel associated with your role.
7.3. Employees shall start at the site designated by the management of Isle Plumbing Pty Ltd.
7.4. Employees shall be on site and ready to commence work at each site and time as advised by the Employer.
8. Job Description
8.1. The duties of your position are set out in the Schedule2 Job Description, attached to this Agreement, and shall include any other duties as advised by the Company from time to time that the employee is qualified to perform.
8.2. However, your duties may be varied from time to time to allow the Company to respond to changing business and operational needs.
8.3. You will at all times be required to carry out all lawful directions given to you by the Company.
8.4. During working hours you must devote the whole of your time, attention and abilities to carrying out your duties.
8.5. In performing your duties, you must use your best endeavours to promote, develop and extend the Company's business interests and reputation, and not do anything to its detriment.
8.6. In recognition of the operational and efficiency requirements of the Employer and to create more varied and interesting work, it is a condition of employment that staff perform duties and functions for which they have the skills and training to perform. As the training of employees increases, additional tasks and functions may be required to be performed subject to the operational needs of the Enterprise at all times.
8.6.1. Subject to sub clauses 8.6.2 and 8.6.3 Employees who work at higher grade duties for 8 hours or more will be paid at the rate of pay for the higher grade for the time worked at those higher grade duties.
8.6.2. Where Employees request to perform work in a lower grade they will be paid at the rate appropriate for that lower for the hours worked at that lower grade.
8.6.3. Should the Employer offer the opportunity to be cross-trained in higher grade duties then the Employee shall be paid the existing grade (lower) rate until the Employee is deemed competent to perform at the higher grade
9. Stand Down Arrangements
9.1. The Employer may stand down any Employee without pay on any day, or for part of any day, on which the Employee cannot be usefully employed because of:-
9.1.1. Any strike; or
9.1.2. Any breakdown of machinery; or
9.1.3. Any stoppage of work for any cause for which the Employer cannot reasonably be held responsible.
9.2. A cause, as stated in clause 9.1.3 may be, in the reasonable opinion of the Employer, the weather conditions which are deemed to make it unsafe for the Employee to commence or continue work on that day.
9.3. The Employer may, where possible, instead of a stand down, reassign the Employee to other jobs or job sites to perform work as directed by the Employer.
9.4. Where the Employee does not wish to be reassigned to other work the Employee will leave the job and as a Casual Employee will not be paid.
9.5. A stand down does not break the continuity of employment of the Casual Employee for the purpose of Long Service Leave.
10. Annual Wage Increases
10.1. June 2012: a 5 % increase on the base hourly rate as contained in Clause 12.1 of this Agreement.
10.2. June 2013: a 2 % increase on the base hourly rate as contained in Clause 12.1 of this Agreement.
10.3. June 2014: a 2 % increase on the base hourly rate as contained in Clause 12.1of this Agreement.
10.4. June 2015: a 2 % increase on the base hourly rate as contained in Clause 12.1 of this Agreement.
11. Performance Review and Incentive Payment
11.1. Employees who are selected to participate in the performance review and incentive payment process agree to participate fully in the formal performance appraisal system which is conducted by the Company. This process requires an assessment of the work performance of the employee to ensure that satisfactory standards are maintained, and also to allow the assessment and/or adjustment of an incentive bonus payment where applicable.
11.2. This performance/incentive payment will be agreed between the parties and then included in your weekly wage and will not be payable for periods of any leave or RDO’s.
12. Remuneration
12.1. You will be paid in accordance with the classifications as contained in Schedule 3 attached to this document.
12.2. If any other employment benefits of any kind (such as bonus or incentive) are to be provided, details will be described in Schedule 3: Remuneration and attached to this Agreement.
12.3. Your wage will be paid each week on a Wednesday in arrears by electronic funds transfer into a bank account nominated by you.
12.4. A pay slip, which describes the earnings and any deductions made as required by law, will be provided to you in respect of each pay period.
12.5. A monetary incentive bonus may be paid to employees at the discretion of the Company as contained in Clause 11.1
12.5.1. This payment where allocated may be a stand-alone weekly payment and may be revised at any time by the Company depending upon satisfactory performance.
13. Superannuation
13.1. In addition to your salary, the Company will make superannuation contributions at the rate required under the Superannuation Guarantee (Administration) Act 1992 (Cth) (as amended).
13.2. Superannuation payments will be made to a complying superannuation fund nominated by you. If you do not advise of your nominated superannuation fund, the money will be put into BUSSQ.
13.3. The current rate of employer contribution is 9% for employees.
14. Expenses
14.1. You will be reimbursed by the Company for all reasonable travel, accommodation and other expenses that you have incurred in the exercise of your duties.
14.2. Expenditure must be in accordance with authorised limits contained in accordance with company policy, and supported by receipts or appropriate documentation.
14.3. In respect of the reimbursement of travel costs involving your motor vehicle incurred in the exercise of your duties, the Company shall use the current Australian Tax Office scale of motor vehicle rates.
14.4. Where an employee provides their own transport, an additional allowance of 40 cents per kilometer will be payable for the distance involved in travelling beyond the defined radius of 50km from the Principal Post Office of the Capital or major regional centre and return thereto, which will compensate for any fares incurred by transport.
15. Deductions
15.1. In the event of an overpayment of remuneration to you, the Company may recover the amount of overpayment by way of deduction from any subsequent payment due to you, provided you are given written notification of the Company's intention to recover the overpayment, the amount to be recovered, and an explanation of the reason for overpayment.
15.2. In the event of termination of employment, the Company is authorised to deduct from final termination payments any monies it may be owed under this Agreement.
16. Hours of work
16.1. Plumbers
16.1.1. The ordinary hours of work shall be based on 36 ordinary hours per week with 26 RDO’s per year.
16.1.2. Ordinary working hours for Plumbers will be worked in a 5 day weekly cycle, Monday to Friday inclusive, with five working days of eight hours each, between the hours of 6:00 am and 6:00 pm, with 0.8 of one hour each day worked accruing as an entitlement to take one day off as rostered in accordance with the Annual EBA RDO Calendar as contained in Schedule 5 of this agreement, paid as though worked.
16.2. Labourers / Store person Labourer
16.2.1. The ordinary hours of work shall be based on 38 hours per week and 13 RDO’s per year.
16.2.2. Ordinary working hours for labourers will be worked in a 5 day weekly cycle, Monday to Friday inclusive, with five working days of eight hours each, between the hours of 6:00 am and 6:00 pm, with 0.4 of one hour each day worked accruing as an entitlement to take one day off as rostered in accordance with the annual Industry RDO Calendar as contained in Schedule 5 of this agreement, paid as though worked.
16.3. RDOs shall be taken as a full day and not part thereof.
16.4. Where a RDO falls on a public holiday, the next working day will be taken in lieu unless an alternate day in that 4 week cycle or the next is agreed in writing between the employer and the employee.
16.5. Each day of paid leave taken and any public holiday occurring during any cycle of four weeks will be regarded as a day worked for accrual purposes.
16.6. Punctuality is important to provide a proper service to customers. You must be ready and prepared to commence work at the appropriate starting time each day you are required to work.
16.7. If you are unable to attend work on any day or if you will be late for work, you must advise your Supervisor as soon as possible beforehand, and no later than the arranged start time.
16.8. The Company recognises that employees have family commitments and responsibilities and will consider requests to alter working hours to take into account individual circumstances and commitments. However, any change to ordinary attendance times is subject to agreement with the Company and approval must be obtained beforehand.
16.9. By agreement between the employer and employee the working day start time may be amended to an earlier start time of 5:00 am with corresponding working time to run from this time with a consequent adjustment to the meal break period start time.
16.10. Hours Flexibility
16.10.1. The parties recognise that the workload in the industry does fluctuate. Accordingly, the hours worked will be as required and the employees will be given all possible notice of the hours required per day. A five or six day working week will be the usual requirement, but in terms of the hours to be worked and the days on which work is to be performed the parties shall adopt a reasonably flexible approach.
16.11. Time Off
16.11.1. The company recognises that sufficient time off to attend to personal matters and for recreation is important to the employee’s wellbeing, job satisfaction and overall productivity. Accordingly, time off may be taken with the consent of the Company, which shall not be unreasonably withheld. In considering the approval to have time off, the Parties will have regard to the current works programme and the urgency of the reason for time off.
16.11.2. In the event that time off is to be taken, it will be the employee’s obligation to advise the Company in advance or as soon as practicable on the day of absence, recognizing that unplanned absences can cause costly disruption to programmed works and are a major source of annoyance for the company, other employees and clients. The object of offering flexible working hours is that in return employees will take very seriously their obligation to turn up when they are expected.
16.11.3. In view of the disruption caused by unplanned and or notified absenteeism, repeated failure to observe the protocol for time off would constitute misconduct.
17. Overtime
17.1. All time worked beyond the ordinary hours of work as prescribed in clause 16 Hours of Work, shall be paid at the rate of one and a half times ordinary rate for the first two hours and double time thereafter.
17.2. Time worked on a Saturday will be paid at the rate of time and a half for the first two hours and at the rate of double time thereafter and employee’s will be afforded a minimum period of three hours’ work or will be paid for a minimum of three hours.
17.3. All time worked on a Sunday will be paid at double time and employee’s will be afforded a minimum period of four hours or will be paid for a minimum of four hours.
18. Allowances
18.1. Travel allowance shall be paid at the rate of $10.00 and a fares allowance of $25.00 for each day worked and will also apply to any RDO as outlined in this Enterprise Collective Agreement.
18.2. Site and Height allowance shall be paid at the all-inclusive rate of $3.50 per hour for all hours worked or as applicable per site.
18.3. Where the Company is obliged to make site specific payments (such as productivity, site disability and other contingencies specifically relating to the site) prevailing industrial instruments, the following conditions will apply:
18.3.1. The company may, at its discretion, adopt some or all of those payments for the duration of that project.
18.3.2. Payments will only be made to or on behalf of employees where the Company is contractually entitled to recover the full cost of the payments.
18.4. Payments will only apply while employees are engaged on the site or project
19. Meal Breaks
19.1. There will be one 45 minute paid meal break per working day to commence no later than 5 hours after the commencement of work.
19.1.1. No employee shall work more than 5 hours without having a break.
19.2. There will be no other paid smoko/meal breaks, but employees may cease duties from time to time during the day for a light snack or drink without disrupting the workflow or operational requirements.
19.3. These arrangements may be altered on a site by site basis by agreement between the parties to this agreement.
19.4. These arrangements may be varied by agreement between the parties depending upon the requirements at the various sites.
20. Public Holidays
20.1. You will be granted the applicable public holidays gazetted in the relevant State or Territory in which you are employed.
20.2. You may, from time to time, be requested to work on a public holiday, for which you are entitled to paid time off in lieu of the hours worked on the public holiday, to be taken at a time mutually agreed between you and the Company or paid at the rate of double time and a half for all time worked, whichever is agreed between the parties.
21. Annual leave
21.1. You are entitled to 4 weeks paid annual leave for each completed year of continuous service.
21.2. Annual leave shall be taken at a time to be agreed between the Company and you and, in the absence of agreement, as directed by the Company on the giving of a minimum of 2 weeks’ notice of requirement for you to take annual leave. You must not give less than 2 weeks’ notice of your preferred dates for the taking of annual leave.
21.3. Unused annual leave will be cumulative without limitation from year to year.
21.4. Upon termination of your employment with the Company, you will be paid for any unused accrued annual leave.
21.5. Subject to the National Employment Standards, up to a maximum of two weeks of accrued annual leave may be cashed out each twelve months, if requested in writing by you and if agreed to by the Company and provided 4 weeks accrued annual leave is still available.
21.6. During a period of annual leave an employee will receive a loading of 17.5 percent of the all-purpose hourly rate.
21.7. Annual Close Down
21.7.1. An employer giving any leave in conjunction with the Christmas and New Year holidays may either:
(a) Stand off without pay during the period of leave any employee who has not yet qualified under the NES for the full period of leave; or
(b) Stand off for the period of leave any employee who has not qualified for the full period of leave under the NES and pay them to the extent that the employee has qualified for paid leave under the NES.
21.7.2. Where an employer decides to close down their establishment at the Christmas and 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, the employer will give at least two months’ notice to their employees of their intention so to do.
22. Personal and Compassionate Leave
22.1. Personal leave (including carer's and sick) will consist of 10 days of paid absence per annum for each 12 months of continuous service.
22.2. Employees who have not completed 12 months of service are entitled to a pro-rated amount of Personal Leave.
22.3. Personal leave is cumulative from year to year.
22.4. A further two days of unpaid carer's leave per occasion will be available on each occasion a member of your immediate family or a member of your household requires care and support because of illness, injury or unexpected emergency.
22.4.1. Immediate Family means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee.
22.5. The employee may take up to two days of paid compassionate leave on each occasion a member of your immediate family or household dies or contracts or develops a personal illness or sustains a personal injury either of which poses a serious threat to their life.
22.6. The employer is entitled to require the employee to produce a medical certificate or statutory declaration as soon as reasonably practicable, in order to access paid sick leave, carer's or compassionate leave.
22.7. The employee agrees to notify the company as soon as practicable on or prior to the first day of any personal or compassionate leave and wherever possible prior to the expected start time.
22.8. Personal leave will not be paid out on termination of employment.
23. Parental Leave
23.1. Employees are entitled to maternity, paternity and adoption leave in accordance with the National Employment Standards.
23.2. An employee (including a long term, regular and systematic casual) is entitled to up to 12 months unpaid parental leave if the employee has been employed for a minimum of 12 months continuous service, prior to the leave commencing.
23.3. An employee entitled to parental leave outlined in clause 23.2, can take parental leave due to:
(a) Birth Related Leave; or
(b) Adoption of a child who:
i. Is under the age of 16 years; and
ii. Has not lived with the employee continuously for more than 6 months; or
iii. Be a child of the employees’ spouse or de facto.
24. Long Service Leave
24.1. You will be entitled to long service leave in accordance with the provisions of the applicable State legislation.
25. Jury Service
25.1. You are entitled to jury service leave where you are obliged to undertake jury service or are subpoenaed to appear before a court as a witness.
25.2. An employee who is required to attend jury service may be eligible for jury fees from the Court.
25.3. The Company will pay the difference between the amount claimable for jury fees and the ordinary pay the employee would have received during jury service.
25.4. The employee shall notify the Company as soon as practicable, of the date required for jury service, and shall provide records of attendance, duration and any amount of payment received.
25.5. If not required to serve on a jury for part or all of a day that would ordinarily be at work, the employee must, if practicable, present for work at the earliest opportunity.
26. Training
26.1. You will be required to attend training courses as assigned by the Company, the costs of which will be paid for by the Company.
26.2. You will be paid your normal wages (excluding fares and travel if a vehicle is supplied by the company) for any training course you are required to attend by the Company during normal working hours. However, if the training occurs outside normal working hours, at the Company's discretion, you may not be paid for time spent in attendance.
26.3. If you resign prior to 3 months after the completion of the training, you may be required to re-pay the cost of the training course.
27. Uniforms
27.1. Where required, you will be supplied with appropriate uniforms as determined by the Company. Where this occurs, the Company will meet the cost of supplying such uniforms.
27.2. You must wear the complete uniform as supplied, and maintain the uniform in a clean and presentable condition at all times.
28. Personal Protective Clothing
28.1. The Company will supply protective clothing to all employees except for work boots for new employees. Work boots for new employees will only be supplied by the company after a new employee has completed the probationary period with the company. Boots will be replaced on a fair wear and tear basis on the condition that old footwear is presented for inspection if required. If an employee buys his own boots the company will reimburse the employee for an amount up to a maximum value of $90.00 upon presentation of a receipt.
28.2. Employees will be required to wear appropriate clothing in an effort to provide protection from the harmful effects of UV exposure.
28.3. Additional personal protective equipment e.g., gloves, eye protection, sun protection will be supplied where required.
28.4. It is a condition of employment with the company that whilst working on site, employees are required to wear hard hats, steel capped boots and appropriate protective clothing at all times.
29. Tools
29.1. The Company will provide you with tools and equipment necessary to perform your duties over and above clause 29.4. You must take all care to keep these tools and equipment in good working order.
29.2. No tools or equipment belonging to the Company should be removed from the workplace except in the ordinary course of your duties or with the permission of the Company.
29.3. Any tools and equipment provided to you remain the property of the Company and must be returned on the termination of employment.
29.4. The Company shall supply all electrical tools required to perform the role.
29.5. The employee’s rates of pay include the payment of tool allowance. Plumbers are required to supply the tools specified in Schedule 4 to perform the employee's tasks for the employer.
30. Motor Vehicles
30.1. In the event that the Company supplies you with a motor vehicle to carry out your duties, you must:
30.1.1. Remain fully qualified and licensed to drive the vehicle;
30.1.2. Take good care of the vehicle and maintain it in a clean and tidy condition, and serviced as per the manufacturer's recommendation;
30.1.3. Ensure that the conditions of any insurance policy on the vehicle are observed;
30.1.4. Not permit the vehicle to be driven except in accordance with the relevant Company policy;
30.1.5. If required, keep a log book providing sufficient information for the Company to assess its liability for fringe benefit tax;
30.1.6. Return the vehicle and its keys to the Company immediately upon the termination of employment for any reason;
30.1.7. Not drive any Company vehicle in a manner or at a time which would be a breach of laws including the law relating to blood alcohol content;
30.1.8. Drive in a safe manner in accordance with the relevant Company policy;
30.1.9. Be fully responsible for any fines or penalties incurred while in charge of a company vehicle; and
30.1.10. If damage to the vehicle is deemed to be the drivers fault, after an investigation, then the company has the right to claim the insurance excess amount from the driver of the vehicle.
30.2. If a company vehicle sustains any damage you are to report the incident to the office immediately.
31. Termination
31.1. Either Party may terminate employment by giving one day's notice or one day’s pay will be forfeited.
31.1.1. An Employee shall be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools.
31.1.2. Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.
31.1.3. Notice must be given at or prior to the usual starting time on any ordinary working day, and expire at the completion of that day's work.
31.2 The Company may make equivalent payment in wages in lieu of giving notice.
31.3 Where you elect to resign, you must provide a letter in writing detailing your resignation and you shall give the required period of notice. If you fail to do so, the Company's obligation to provide payment only applies to hours actually worked.
31.4 Upon termination of employment, you must immediately return all property belonging to the Company, including any confidential information, documents, records, computer disks, keys, and any other property.
31.5 Where applicable, you must return the Company motor vehicle and any keys in good condition, and must settle any staff or credit accounts with the Company.
31.6 Summary dismissal
31.6.1 Nothing in this clause limits the company from terminating the contract of employment immediately for reasons of serious and willful misconduct on the part of the Employee. Summary dismissal may occur if an employee behaves in a manner deemed as dangerous or grossly negligent or otherwise unacceptable. Some examples that may cause instant dismissal are:
(a) Violence, harassment or abuse in any form whatsoever shown towards fellow Employees, clients or anyone else related to work with the Company,
(b) Damage caused by an Employee to the Company property found to be the result of gross negligence or intentionally caused by the Employee,
(c) Disregard for Company policy, rules or the welfare of fellow workers or customers,
(d) Any activity bringing disrepute to the Company or its other Employees,
(e) Unlawful behaviour that causes detriment to the Company,
(f) Theft,
(g) Willful disobedience or misconduct,
(h) Refusal or neglect of duty,
(i) Insubordination,
(j) Concealment of material fact on engagement,
(k) Obscenity,
(l) Conviction for an offence that renders the Employee completely unable to work,
(m) Falsifying information in any personal record, including time or wages records, or the lodgement of a false Workers Compensation claim,
(n) Possession, use, or dealing in any prohibited drug or other restricted or dangerous substance during working hours or on company premises,
(o) Disclosure to other persons of information relating to company security arrangements,
(p) Duplication of company keys without permission from a company director or manager,
(q) Acts of incitement or actual acts of discrimination or harassment on the grounds of race, sex, religion, colour or ethnic origin.
31.6.2 In such circumstances, payment shall be made up to the time of dismissal only and no notice is payable.
32 Individual Flexibility Agreement
32.1 An employer and employee covered by this Enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:
(a) The agreement deals with 1 or more of the following matters:
(i) Arrangements about when work is performed;
(ii) Overtime rates;
(iii) Penalty rates;
(iv) Allowances;
(v) Leave loading; and
(b) The arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and
(c) The arrangement is genuinely agreed to by the employer and employee.
32.2 The employer must ensure that the terms of the individual flexibility arrangement:
(a) Are about permitted matters under section 172 of the Fair Work Act 2009; and
(b) Are not unlawful terms under section 194 of the Fair Work Act 2009; and
(c) Result in the employee being better off overall than the employee would be if no arrangement was made.
32.3 The employer must ensure that the individual flexibility arrangement:
(a) Is in writing; and
(b) Includes the name of the employer and employee; and
(c) Is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and
(d) Includes details of:
(i) The terms of the Enterprise agreement that will be varied by the arrangement; and
(ii) How the arrangement will vary the effect of the terms; and
(iii) How the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and
(e) States the day on which the arrangement commences.
32.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.
32.5 The employer or employee may terminate the individual flexibility arrangement:
(a) By giving no more than 28 days written notice to the other party to the arrangement; or
(b) If the employer and employee agree in writing — at any time.
33 No Extra Claims Commitment
33.1 During the life of this agreement the parties agree and are therefore bound not to pursue any additional claims. It is agreed that up to the nominal expiry date of this agreement:
(a) The parties will not pursue any extra wage claims against each other;
(b) The parties will not seek any changes to conditions of employment without mutual agreement;
(c) This agreement covers all matters or claims regarding the employment of the employees, which could otherwise be the subject of protected actions; and
(d) The parties will not engage in protected action pursuant to the Fair Work Act; in relation to the performance of any work covered by this Agreement.
34 Company Drug and Alcohol Policy
34.1 Under no circumstances will any employee affected by alcohol and/or affected by any other drug be permitted to work or operate any equipment on company projects.
34.2 If an employee affected by alcohol or any other drug is sent home to recover, they will not be paid for the lost time. Attending for work under the influence of alcohol and/or affected by any drug may be cause for disciplinary action or termination of employment.
34.3 Further, the parties agree that no alcohol and/or drugs will be permitted on company projects and that employees shall not consume any alcohol or drugs, during lunch, rest or crib breaks.
35 Suspension
35.1 The Company may suspend you on full pay to conduct an investigation into any allegations of misconduct.
36 Redundancy
36.1 Definition of redundancy
a) “Redundancy” means a situation where an employee ceases to be employed by the employer, other than for reasons of misconduct or refusal of duty. “Redundant” has a corresponding meaning.
36.2 Where the Company makes a position redundant, an employee shall be entitled to access the Building Employees Redundancy Trust Fund No 2 (BERT).
36.3 This provision is inserted in lieu of the Redundancy provision applicable under the Plumbing and Fire Sprinklers Award 2010.
36.4 The Company will make payments on behalf of all employees, on a monthly basis.
36.5 Casual Employees
a) Any period of service will not entitle an employee to accrue service in accordance with this clause 36 for that period, refer to clause 4.5 of this agreement for casual employee’s definitions and entitlements.
36.6 Employee leaving during notice
a) An employee whose employment is to be terminated in accordance with this clause may terminate their employment during the period of notice and if this occurs, will be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee will not be entitled to payment in lieu of notice.
37 Income Protection
37.1 The employer will contribute the following amounts per week to CIPQ in respect of each of its Employees for, or on account of, the premium insuring income protection for each of those employees and CIPQ’s costs:
a) From 1 July 2012 $18.50
b) From 1 July 2013 $19.00
c) From 1 July 2014 $19.50
d) From 1 July 2015 $20.00
37.2 If CIPQ decides that a higher weekly rate per employee must be paid or provided, the Employer must pay that higher rate as and from the date CIPQ determines.
38 Abandonment of Employment
38.1 If you are absent from work for a continuous period of 3 working days without the approval of the Company and without notification of the reason acceptable to the Company within that period, you will be deemed to have abandoned your employment.
38.2 In these circumstances you will be assumed to have resigned your employment and the Company will not be required to provide you with notice of termination of your employment.
38.3 The Company shall attempt to contact the employee prior to exercising the rights in this clause, in order to establish whether absence from work is because of illness, injury and other emergency or unavoidable reasons.
39 Employee obligations
39.1 Professional and courteous behavior and attitude is required in your dealings with customers and staff of the Company, and a professional standard of clothing and presentation is required at all times.
39.2 Under no circumstances must you come to work under the influence of alcohol or drugs, unless the drugs are prescribed by a Doctor and taken as instructed.
39.3 No alcohol or non-prescribed medication/drugs are to be brought onto the premises of the Company.
39.4 Personal mobile phones or radios are not to be used whilst working with use of these items only permitted (except in the case of emergency) during the paid 45 minute lunch break.
40 Company Policy and Rules
40.1 The Company has various policies for the safe and effective operation of its business and the welfare of its employees.
40.2 You are expected to comply with these policies as amended and updated from time to time.
40.3 A breach of Company policies may render you liable for disciplinary action (including dismissal from employment).
41 Health and Safety
41.1 Health and safety matters are regulated by the Work Health and Safety Act 2011.
41.2 You should take all practicable steps to ensure the health and safety of yourself and others while at work.
41.3 You must ensure that you are familiar with and that you comply with the Company's health and safety policies and procedures at all times.
41.4 If you do not comply with these policies and procedures, you may be liable for disciplinary action (including dismissal from employment).
41.5 You are required to report to management, as soon as possible after they occur, any accidents, incidents or hazards arising during the course of employment.
41.6 The company and employees commit to ensuring that Occupational Health and Safety compliance on all sites is at the forefront of operations.
41.7 Any matter raised in relation to site safety concerns with the Employer through the correct process will be dealt with, and satisfactorily resolved as soon as practical by the Employer and employees working together on the solution.
41.8 Where site issues involve the practices and/or procedures of other operators/trades on site, the Employer shall endeavour to represent the concerns raised by the employees with the persons or organisation/s in question.
41.9 All Occupational Health and Safety matters formally raised with the employer are to be dealt with within a suitable timeframe dependant upon the urgency of the issue in question.
42 Conflict of Interest
42.1 You must at all times act in the best interests of our business.
42.2 You should at all times endeavour to avoid situations where a conflict of interest may arise between your activities as an employee of the Company and your dealings with other parties. Should you potentially be in such a situation, you must:
a) Disclose the conflict of interest to the Company immediately: and
b) Take action to avoid the conflict of interest unless you have obtained the written consent of the Company.
42.3 You must declare any interest in any business of any kind in which you may potentially be in conflict or in competition with the business of the Company.
42.4 This clause prevents you from working for any other employer or self-employed while you are employed by the Company, unless you have the prior written approval of the Company.
43 Confidential Information
43.1 For the purposes of this clause, 'confidential information' means information belonging to the Company which is not available to the public which:
(a) We indicate is confidential,
(b) Would be of commercial value to a competitor,
(c) Relates to our Clients, including lists of clients and their requirements,
(d) Relates to trade secrets, know-how, manufacture or development processes used in relation to the Company's products and services, or
(e) Is found in the Company's policies and manuals.
43.2 You agree that you will not use or disclose any Confidential Information without written permission at any time during your employment with the Company or subsequent to that employment.
43.3 You may only use or disclose Confidential Information if it is necessary in order to perform your duties for the Company, or you are ordered to disclose such information by a court.
43.4 Unless you have been given written permission from the Company, you must not, except as reasonably necessary to perform your duties with the Company:
a) Seek to obtain confidential information to which you have not been granted access;
b) Remove confidential information from Company premises, or
c) Make copies of confidential information.
44 Intellectual Property and Moral Rights
44.1 The Company owns any intellectual property in the work you perform for the Company.
44.2 You consent to the Company infringing any moral rights that you may have, or become entitled to in any work created in the course of employment.
44.3 For the purpose of this consent, 'work' has the meaning given to that term in the Copyright Amendment (Moral Rights) Act 2000 (Cth) and 'moral rights' refers to any right arising under the provisions of the legislation.
45 Restraint of Trade
45.1 In consideration of your remuneration and to protect the Company's goodwill, you will not while employed by the Company, or for 1 year within the Gold Coast / Brisbane area after your employment with the Company ends, do the following:
a) Induce, encourage or solicit any of the Company's employees to resign;
b) Induce, encourage or solicit any of the Company's customers, clients or suppliers with whom you have had contact in the preceding 12 months, to end or restrict their trade relationship with the Company.
45.2 Wilful disregard of these conditions and principles or misuse of information technology will be considered a serious breach of your employment contract and may lead to disciplinary action including instant dismissal.
46 Anti-discrimination
46.1 The parties to this agreement are required to comply with the general application and principles of Anti-discrimination in the workforce as part of this Agreement.
47 Dispute Settling Procedure (DSP)
47.1 The parties to this agreement agree to attempt to resolve any matter that may be in dispute between the Parties in accordance with the dispute resolution procedure in Schedule1: Dispute Resolution Procedure that forms part of this Agreement.
48 Consultation
48.1 This term applies if:
48.1.1 The employer has made a definite decision to introduce a major change to production, program, organisation, structure, or technology in relation to its Enterprise; and
48.1.2 The change is likely to have a significant effect on employees of the Enterprise.
48.2 The employer must notify the relevant employees of the decision to introduce the major change.
48.3 The relevant employees may appoint a representative for the purposes of the procedures in this term.
48.4 If:
48.4.1 a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and
48.4.2 The employee or employees advise the employer of the identity of the representative;
48.4.3 The employer must recognise the representative.
48.5 As soon as practicable after making its decision, the employer must:
48.5.1 Discuss with the relevant employees:
a) The introduction of the change; and
b) The effect the change is likely to have on the employees; and
c) Measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and
48.5.2 For the purposes of the discussion — provide, in writing, to the relevant employees:
a) All relevant information about the change including the nature of the change proposed; and
b) Information about the expected effects of the change on the employees; and
c) Any other matters likely to affect the employees.
48.6 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees.
48.7 The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees.
48.8 If a term in the Enterprise agreement provides for a major change to production, program, organisation, structure or technology in relation to the Enterprise of the employer, the requirements set out in clauses 48.2, 48.3 and 48.5 are taken not to apply.
48.9 In this term, a major changeis likely to have a significant effect on employees if it results in:
48.9.1 The termination of the employment of employees; or
48.9.2 Major change to the composition, operation or size of the employer’s workforce or to the skills required of employees; or
48.9.3 The elimination or diminution of job opportunities (including opportunities for promotion or tenure); or
48.9.4 The alteration of hours of work; or
48.9.5 The need to retrain employees; or
48.9.6 The need to relocate employees to another workplace; or
48.9.7 The restructuring of jobs.
48.10 In this term, relevant employees mean the employees who may be affected by the major change.
Schedule 1: Dispute Resolution Procedure
If a dispute relates to:
(a) A matter arising under the agreement; or
(b) The National Employment Standards;
This term sets out procedures to settle the dispute.
(1) An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term.
(2) In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management.
(3) If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Australia.
(4) Fair Work Australia may deal with the dispute in 2 stages:
(a) Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and
(b) If Fair Work Australia is unable to resolve the dispute at the first stage, Fair Work Australia may then:
(i) Arbitrate the dispute; and
(ii) Make a determination that is binding on the parties.
Note If Fair Work Australia arbitrates the dispute, it may also use the powers that are available to it under the Act.
A decision that Fair Work Australia makes when arbitrating a dispute is a decision for the purpose of Division 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision.
(5) While the parties are trying to resolve the dispute using the procedures in this term:
(a) An employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and
(b) An employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless:
(i) The work is not safe; or
(ii) Applicable occupational health and safety legislation would not permit the work to be performed; or
(iii) The work is not appropriate for the employee to perform; or
(iv) There are other reasonable grounds for the employee to refuse to comply with the direction.
(6) The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this term.
Schedule 2: Job Description
Position (title):
Plumber & Drainer
• Is currently qualified and validly licensed in accordance with government regulatory authorities and is the only classification except Apprentices which can perform regulated work. Indicative duties include all duties of classifications below and also:
(a) Regulated plumbing;
(b) Drainage; and/or
(c) Gas fitting.
Labourer Queensland
• Indicative duties include all duties of classifications and also:
o Erect and dismantle scaffolding;
o Assist with rigging;
o Undertake site drainage and de-watering;
o Assist one or more tradespersons.
Storeman / Labourer
• Indicative duties include:
o The maintenance of the items and materials in the storeroom;
o The control and continual monitoring of items and materials in the storeroom;
o The delegation of items and materials in the storeroom.
Reports to: Foreman/Supervisor
Overall Objective: To perform all of the duties of a Plumber and Drainer or Labourer in the State of Queensland.
Note: this job description is meant to show the main features of the job but is not intended to exclude other duties which are related to the work and which will arise from time to time and be expected of this employee.
Schedule 3: Remuneration
Plumber & Drainer:
Gross: $1,026.00 per week.
Hourly: $28.50 per week ($1,026 / 36 hours per week)
Labourers and also Store person/Labourer:
Gross: $855.00 per week
Hourly: $22.50 per hour ($855 / 38 hours per week)
Details of any incentive-based payments or bonus:
Plumber & Drainer
$100 - $500 per week
Labourer and Store person/Labourer
$0.00 to $200.00 per week
Details of any vehicle or vehicle allowance:
If other benefits (i.e. telephone, health insurance, etc) list and describe here: …………………………………………………………………………..
Schedule 4: Tools
For the purposes of this agreement, the following list is recognised as the current plumbers' tool list. The number and type of tools retained by the individual plumber from this list will depend on the type of work that he is required to perform. No employee will be required to hold more tools than necessary to do the job.
1 Pair 225mm Footprints
1 Pair 250mm Stillsons
1 Pair 450mm Stillsons
1 Pair 250mm Vice Grips
1 Pair 200mm Combination Pliers
1 Pair 225mm Multigrips
1 Pair 200mm Pincers
1 Pair 300mm Straight Snips
1 Pair 175mm Curved Snips
1 Pair Left Hand Wiss Snips
1 Pair Right Hand Wiss Snips
1 Pair Pop Rivet Pliers
1 Set Ratchet Socket Wrench 6mm - 25mm or 1 Set Open End/Ring Spanners 6mm -16mm
1 Screw Driver 200mm Phillips
1 Screw Driver 150mm Phillips
1 Screw Driver 300mm Slotted
1 Screw Driver 200mm Slotted
1 Screw Driver 150mm Slotted
1 Claw Hammer 20 OZ
1 Lump Hammer 4 LB
1 Bevel Square 250mm
1 Set Square 300mm
1 Line Level
1 Spirit Level 600mm
1 Brickies String Line
1 Chaulk-0-Matic
1 Plumbob 450gr
1 25mm Woodchisel
1 50mm Crescent Shifting Spanner
2 300mm Crescent Shifting Spanner
1 250mm Rasp & Handle
1 250mm Half Round File & Handle
1 Hacksaw (Sandvik 225)
1 Junior Hacksaw
1 Tube Cutter 3mm - 32 mm
1 Tapered Bent Pin
1 Pointing Trowel 1 Basin Spanner
1 Centre Punch and 1 Prick Punch
1 Nail Bag
1 Tool Box or Carry All or equivalent
1 Cordless drill c/w battery’s and charger
1 Plugging Chisel
1 13mm Cold Chisel
1 25mm Cold Chisel
1 Stanley Knife
1 Flint Gun
1 Oxy Key
1 Mastic Gun
1 8 Metre Measuring Tape
1 Hand Wood Saw 660mm
1 PVC Conduit Cutters
1 WireBrush
In addition to the above list (where applicable) the tool list for Drainers shall include the following:
1 1200mm Level
1 30m Measuring
1 Edging Tool
Printed by authority of the Commonwealth Government Printer
<Price code G, AE896176 PR539319>
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