DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Construction awards
(AM2016/23)

PLUMBING AND FIRE SPRINKLERS AWARD 2010
[MA000036]

4 yearly review of modern awards – Group 4 awards – Construction awards – Plumbing and Fire Sprinklers Award 2010 – substantive matters

A. Further to the Full Bench decisions issued by the Fair Work Commission on 26 September 2018 [[2018] FWCFB 6019] and 18 December 2019 [[2019] FWCFB 8564], the above award is varied as follows:

1. By deleting clause 32 and inserting the following:

32. Penalty rates

32.1 Shiftwork

(a) Between Midnight on Sunday and Midnight on Friday

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

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

•  such work is 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, or,

(ii) where such employee is:

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

•  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.

(b) Between midnight on a Friday and midnight on a Saturday

Where an employee is directed by the employer to work ordinary hours between midnight on a Friday and midnight on a Saturday, such employee will receive:

(i) a 50% loading calculated on their minimum hourly rate of pay for the first two ordinary hours worked; and

(ii) a 100% loading calculated on their minimum hourly rate of pay for the remaining ordinary hours worked thereafter.

(c) Between midnight on a Saturday and midnight on a Sunday

Where an employee is directed by the employer to work ordinary hours between midnight on a Saturday and midnight on a Sunday, such employee will receive a 100% loading calculated on their minimum hourly rate of pay for such ordinary hours worked.

(d) Public holidays

(i) Where an employee is directed to work ordinary hours on a public holiday or substitute days as prescribed in clause 37—Public holidays, such employee will receive a 150% loading calculated on their minimum hourly rate of pay, for such ordinary hours worked.

(ii) 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.

32.2 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.

32.3 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

32.4 Breaks

An employee directed to work ordinary hours in accordance with clause 32.1—Shiftwork will be allowed a meal break in accordance with clause 30.1—Meal Breaks and a daily rest break in accordance with clause 30.3—Daily Rest Breaks.

32.5 Overtime

An employee directed to work overtime after having worked or before working ordinary hours in accordance with clause 32.1—Shiftwork, will be paid in accordance with clause 33—Overtime.

2. By updating the cross-references accordingly.

B. This determination comes into operation from 1 July 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 July 2020.

VICE PRESIDENT

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