MA000036 PR539029 |
FAIR WORK COMMISSION |
DETERMINATION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 6 - Review of all modern awards (other than modern enterprise and State PS awards) after first 2 years
National Fire Industry Association
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AM2012/146 & others)
PLUMBING AND FIRE SPRINKLERS AWARD 2010
[MA000036]
Plumbing industry | |
SENIOR DEPUTY PRESIDENT WATSON |
MELBOURNE, 19 JULY 2013 |
Modern Award Review 2012 - application to vary the Plumbing and Fire Sprinklers Award 2010 - modern award further varied.
A. Further to the decision issued on 19 July 2013 [[2013] FWC 2987] it is ordered that the Plumbing and Fire Sprinklers Award 2010 1 be varied as follows:
1. By deleting the clause title 31—Shiftwork, service work, on call and call back appearing in the table of contents.
2. By inserting in the Table of Contents in numerical order the following:
31. Service work, on call and call back
Schedule G—All-purpose rates of pay
3. By inserting in clause 3.1 in alphabetical order the following new definitions:
all-purpose rate of pay means the employee’s ordinary weekly pay inclusive of relevant all-purpose allowances and shall be calculated in accordance with Schedule G
hourly minimum wage means the relevant hourly wage in clause 20—Minimum wages
weekly minimum wage means the relevant weekly wage in clause 20—Minimum wages
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 32.2— Shiftwork
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
4. By deleting clause 13.2 and inserting the following:
13.2 For each ordinary hour worked, a part-time employee must be paid no less than 1/38th of the minimum weekly wage for the relevant classification and pro rata entitlements for those hours. An employer must inform the part-time employee of the ordinary hours of work of work and the starting and finishing times.
5. By deleting clause 14.2 and inserting the following:
14.2 In addition to the hourly minimum wage for a weekly hire employee appropriate for the type of work, a casual employee must be paid an additional 25% of the hourly minimum wage with a minimum payment as for three hours of employment. The penalty rate prescribed in this clause will be paid instead of public holidays, paid leave, notice of termination and redundancy entitlements prescribed for other employees in this award.
6. By renumbering clause 15.4(b) as clause 15.4(c).
7. By inserting a new clause 15.4(b) as follows:
(b) A trainee apprenticeship may be terminated by either party giving:
whichever is the greater.
8. By deleting clause 15.5—Period of apprenticeship and inserting the following:
15.5 All apprentices under this award will be apprenticed for a nominal period of four years of training.
9. By deleting clause 18.3(c) and inserting the following:
(c) Week’s pay means the all-purpose rate of pay (as defined) at the time of termination for the employee concerned.
10. By deleting the words “minimum rates of weekly wage” appearing in clause 20.2(b) and inserting “weekly minimum wage”.
11. By deleting the words “minimum wage rate” appearing in clause 20.2(b)(i) and inserting “weekly minimum wage”.
12. By deleting clause 20.2(c)—Trainee apprentices minimum wages (New South Wales only) and inserting the following:
(c) Trainee apprentices minimum wages - Plumbing
(i) a trainee apprentice will be paid the percentages of the weekly minimum wage for the plumbing and mechanical services tradesperson classification in clause 20.1 as set out in the following table:
Trainee apprentice |
% per week |
1st year |
41.5 |
2nd year |
61 |
3rd year |
77 |
4th year |
95.5 |
(ii) in addition to the weekly minimum wage arising out of clause 20.2(c)(i), plumbing trainee apprentices must be paid the relevant percentage of the plumbing trade allowance (clause 21.1(c)) as specified in clause 20.2(c)(i), the full amount of the tool allowance (clause 21.2(a)), the industry allowance in clause 21.1(b), and if applicable the fares allowance in clause 21.8(b) and/or the standard travelling time allowance in clause 21.8(c).
13. By deleting clause 20.4—Lost time loading—Daily hire employees in its entirety.
14. By renumbering clause 20.5—Higher duties as clause 20.4.
15. By deleting clause 21.1(a) and inserting the following:
(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:
16. By inserting a new clause 21.1(j) as follows:
(j) 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 eight 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:
(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:
Note: classifications below tradesperson are not included in clause 21.1(j)(ii).
(iii) for an employee classified as a worker Level 2, or a tradesperson Level 1, and performs work as an irrigation installer and who does not otherwise fall within clauses 21.1(j)(i) or 21.1(j)(ii), the rate of the allowance is the percentage of the sum of:
(iv) for an employee classified as a worker Level 1 the rate of allowance is the percentage of the sum of:
17. By inserting a new clause 21.1(k) as follows:
(k) Leading hand allowance
(i) An employee specifically appointed to be a leading hand must be paid the undermentioned additional amounts above the weekly minimum wage of the highest classification supervised, or their own weekly minimum wage, whichever is the highest, in accordance with the number of employees in their charge.
In Charge of |
% of weekly standard rate |
not more than one employee |
2.4 |
two and not more than 5 employees |
5.3 |
six and not more than 10 employees |
6.8 |
over 10 employees |
9.0 |
(ii) The hourly rate prescribed in this clause is calculated to the nearest cent, by multiplying the relevant weekly minimum wage rate for a weekly hire employee by 52 over 50.4 and dividing by 38 and will apply for all purposes of this award.
18. By deleting clause 21.5(a).
19. By renumbering clauses 21.5(b)–(i) as 21.5(a)–(h) respectively.
20. By deleting clause 21.7(a) and inserting the following:
(a) Acid plants and chemical works
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 11.7% of the hourly standard rate per hour. Provided that this special rate will not apply to an employee who receives the lead burning allowance prescribed in clause 21.5(c).
21. By deleting clause 21.8 and inserting the following:
21.8 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
Subject to clause 21.8(a), employees will be paid a fares allowance of $9.90 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 21.8(c)(ii).
(ii) The defined radius is 50 kms from the centre of employment as determined under clause 21.8(c)(iv).
(iii) An employer having determined its centre of employment under clause 21.8(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:
(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:
whichever is the greater.
(ii) For the purposes of clause 21.8(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.
(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 $0.76 per kilometre.
(f) Mileage allowance for travel beyond defined radius
An employee entitled to the additional travelling time allowance beyond the defined radius under clause 21.8(e) and who uses their own vehicle for such travel is to be paid an amount equivalent to $0.41 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. 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. All time spent in travelling from the normal place of employment or the employee’s normal place of residence to the distant job will be paid at the ordinary time rate of pay up to a maximum of eight hours in any one day. For sprinkler fitter trades, payment will be made at the rate of time and a half where the employer requires the employee to travel on Sundays and public holidays.
(ii) 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 21.8(c)(iv) and fares and travelling time must be paid as prescribed by clauses 21.8(b), (c) and (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 this clause will not be taken into account in calculating overtime, penalty rates, annual or personal/carer’s leave.
22. By deleting the following prelude paragraph in clause 21.9(d):
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 this clause will not be entitled to any of the allowances prescribed by clause 21.7(a), 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:
and inserting the following:
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 this clause will not be entitled to any of the allowances prescribed by clause 21.8—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:
23. By deleting clause 21.9(d)(i) and inserting the following:
(i) Forward journey
24. By deleting clause 21.9(d)(iii) and inserting the following:
(iii) Daily fares allowance
An employee engaged on a job which qualifies the employee to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) must be paid the fares allowance prescribed by clause 21.8(b).
25. By deleting clause 29.3 and inserting the following:
29.3 Ordinary working hours
Subject to clause 29.4–Early start and clause 32–Penalty rates, ordinary hours are worked between 7.00 am and 6.00 pm Monday to Friday inclusive.
26. By deleting clauses 29.7(c), 29.7(d), 29.7(e) and 29.7(f) in their entirety:
27. By inserting a new clause 29.7(c) as follows:
(c) General exception for employers of fewer than 15 employees (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.
28. By inserting a new clause 29.7(d) as follows:
(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 five days.
29. By inserting a new clause 29.7(e) as follows:
(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:
(ii) By agreement between an employer and its employees an alternative day in the four week cycle may be the RDO.
30. By inserting a new clause 29.7(f) as follows:
(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 fourth Monday in the cycle.
(ii) By agreement in writing between an employer and its employees an alternative day in the four week cycle may be the RDO. If requested by the employees, the employer must inform the employee’s representative at least five working days before the agreement is implemented.
31. By inserting a new clause 30.5 as follows:
30.5 Breaks between working days
(a) An employee will be entitled to at least 10 consecutive hours off duty between those times, or on a Saturday, Sunday or holiday without having had 10 consecutive hours off duty in the 24 hours preceding their ordinary commencing time on their next ordinary day will, subject to this clause, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(b) If, on the instructions of their employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty the employee must be paid at 200% rates until the employee is released from duty for such period and the employee will then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) 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.
32. By deleting the clause title “31—Shiftwork, service work, on call and call back” and inserting the following:
31. Service work, on call and call back
33. By deleting clause 31.1 in its entirety.
34. By renumbering clauses 31.2–31.5 as 31.1–31.4 respectively.
35. By deleting clause 32 and inserting the following:
32. Penalty rates
32.1 Weekend work
(a) All employees who are directed by the employer to work ordinary hours between midnight on a Friday and midnight on a Saturday will receive:
(i) plumbing and mechanical services in Victoria - a 50% loading calculated on their minimum hourly rate of pay for the first ordinary hour worked provided that this clause will cease to operate on 31 December 2014;
or
(ii) all other employees - a 50% loading calculated on their minimum hourly rate of pay for the first two ordinary hours worked;
and
(iii) a 100% loading calculated on their minimum hourly rate of pay for the remaining ordinary hours worked thereafter.
(b) All employees who are directed by the employer to work ordinary hours between midnight on a Saturday and midnight on a Sunday will receive a 100% loading calculated on their minimum hourly rate of pay for such ordinary hours worked.
(c) All employees who are required to work overtime on a weekend will be paid in accordance with clause 33.
(d) An employee directed to work ordinary hours in accordance with this clause will be allowed a meal break in accordance with clause 30.1 and a daily rest break in accordance with clause 30.3.
32.2 Shiftwork
(a) Where an employee is:
(i) given no less than 48 hours notice prior to the commencement of shiftwork by the employer; and
(ii) directed by the employer to work ordinary hours between midnight on Sunday and midnight on Friday for five or more consecutive shifts;
the employee will receive a loading of 33% calculated on their ordinary hourly rate of pay for such ordinary hours worked.
(b) Where an employee is:
(i) given less than 48 hours notice prior to the commencement of shiftwork by the employer; or
(ii) directed by the employer to work ordinary hours between midnight on Sunday and midnight on Friday for less than five consecutive shifts;
the employee will receive a loading of 50% for the first two hours and 100% thereafter calculated on their minimum hourly rate of pay for such ordinary hours worked.
(c) 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.
(d) An employee directed to work ordinary hours in accordance with this clause will be allowed:
(i) an unpaid meal break of not less than 30 minutes, to be taken no more than five hours after the commencement of the employee’s shift; and
(ii) a paid rest break of not more than 10 minutes, to be taken no more than two hours after the commencement of the employee’s shift.
32.3 Public holidays
(a) All employees who are directed to work ordinary hours on a public holiday or substitute days as prescribed in clause 37—Public holidays, will receive a 150% loading calculated on their minimum hourly rate of pay, for such ordinary hours worked.
(b) A plumbing and mechanical services employee required to perform any work on a public holiday will be afforded at least four hours work or paid for four hours at the appropriate rate.
(c) An employee directed to work ordinary hours in accordance with this clause will be allowed a meal break in accordance with clause 30.1 and a daily rest break in accordance with clause 30.3.
32.4 Loadings
(a) All loadings will be exclusive of each other (i.e. only one loading will be payable at any given time).
(b) Loadings will not apply where overtime is payable.
36. By deleting clause 33.6 in its entirety.
37. By renumbering clauses 33.2–33.5 as 33.3–33.6 respectively.
38. By inserting a new clause 33.2 as follows:
33.2 Weekend and public holiday overtime and breaks
(a) Overtime worked on a Saturday must be paid for at the rate of:
(i) Plumbing and mechanical services and irrigational installer employees in Victoria—150% for the first hour and 200% thereafter provided that this clause will cease to operate on 31 December 2014;
(ii) Plumbing and mechanical services and irrigation installer employees (other)—150% for the first two hours and 200% thereafter; and
(iii) Sprinkler fitter employees—200%,
provided that all time worked after 12 noon must be paid for at 200%.
(b) Overtime worked on a Sunday must be paid for at the rate of 200%.
(c) An employee required to work overtime on a public holiday must be paid for at the rates of 250%.
(d) An employee required to work on a Saturday will be afforded at least three hours of work.
(e) An employee required to work on a Sunday or a public holiday will be afforded at least four hours of work.
(f) Clauses 32(d) and (e) will not apply in circumstances where the employee is recalled to work in accordance with clause 33.3—Call-back.
(g) 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.
(h) An employee working on a Saturday, Sunday or public holiday will be allowed a paid meal break of 20 minutes after four hours of work, to be paid at the relevant overtime rate of pay, 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. In the event of an employee being required to work in excess of a further four hours, the employee will be allowed to take a paid rest break of 30 minutes payable at the relevant overtime rate.
39. By deleting clause E.9 of Schedule E and inserting the following:
E.9 The apprentice wage scales are based on a standard full-time apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
40. By inserting a new Schedule G—All-purpose rates of pay as follows:
Schedule G—All-purpose rates of pay
G.1 Plumbing and mechanical services
Weekly minimum wage cl.20 |
Industry allowance cl.21.1(b) |
Plumbing trade allowance cl.21.1(c) |
Registration allowance cl.21.1(d) |
Special fixed allowance cl.21.1(e) |
Lost time loading – Daily hire employees cl.21.1(j) | |
Apprentice |
Yes |
Yes |
Refer 20.2(b)(i) and 20.2(b)(ii) |
No |
No |
No |
Adult apprentice |
Yes |
Yes |
Refer 20.3 (b)(iii) |
No |
No |
No |
Trainee apprentices |
Yes |
Yes |
Yes |
No |
No |
No |
Worker Level 1 |
Yes |
Yes |
No |
No |
Yes |
Daily hire only |
Worker Level 2 |
Yes |
Yes |
Yes |
No |
Yes |
Daily hire only |
Tradesperson Level 1 |
Yes |
Yes |
Yes |
No |
Yes |
Daily hire only |
Tradesperson Level 1 |
Yes |
Yes |
Yes |
Yes |
Yes |
Daily hire only |
G.2 Irrigation installer
Weekly
|
Industry allowance
|
Plumbing trade allowance
|
Registration allowance
|
Special fixed allowance
|
Lost time loading – Daily hire employees
| |
Apprentice |
Yes |
Yes |
Refer 20.2(b)(i) and 20.2(b)(ii) |
No |
No |
No |
Adult apprentice (as defined) |
Yes |
Yes |
Refer 20.3(b)(iii) |
No |
No |
No |
Worker Level 1 |
Yes |
Yes |
No |
No |
Yes |
Daily hire only |
Worker Level 2 |
Yes |
Yes |
Yes |
No |
Yes |
Daily hire only |
Tradesperson Level 1 |
Yes |
Yes |
Yes |
No |
Yes |
Daily hire only |
Tradesperson Level 1 |
Yes |
Yes |
Yes |
Yes |
Yes |
Daily hire only |
G.3 Fire sprinkler fitting
Weekly Minimum Wage cl.20 |
Fire sprinkler fitting trade allowance cl.21.1(f) |
Industry disability allowance and space height and dirt money allowance cl.21.1(d) |
Fire sprinkler fitter adjustment cl.21.1(h) | |
Apprentice |
Yes |
Refer 20.2(b)(i) and 20.2(b)(iii) |
Refer 20.2(b)(i) and 20.2(b)(iii) |
Refer 20.2(b)(i) and 20.2(b)(iii) |
Adult apprentice
|
Yes |
Refer 20.3(a)(iii) |
Refer 20.3(a)(iii) |
Refer 20.3(a)(iii) |
Worker Level 1 |
Yes |
No |
No |
No |
Worker Level 2 |
Yes |
No |
No |
No |
Tradesperson |
Yes |
No |
No |
Yes |
Tradesperson
|
Yes |
Yes |
Yes |
Yes |
B. This determination comes into operation on the first full pay period commencing on or after 19 July 2013.
SENIOR DEPUTY PRESIDENT
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