Agreement clauses for contractors

Clause wording 27.2 For projects with a Project Value over $25 million, the Company agrees to observe provide 3 paid Leisure Days. The Leisure Days are as per Appendix B for the purpose of defining those employees who are entitled to Leisure Day/s. These days will apply only to those employees who are covered by this agreement and who are employed on the qualifying project at the time the leisure days in Appendix B they are to be taken. The parties agree there are potential benefits for the Company and employees in allowing greater flexibility in taking Leisure Days and by agreement between the individual and the Company may provide for individual to work the identified Leisure Day in which case the individual will accrue 1 days paid Leisure Day. An employee who has an accumulation of Leisure Days shall provide the Company with three (3) days’ notice before taking an accrue paid Leisure Day/s.

1607. Ordinary Hours of Work

Code Reference 11(1)(a), 11(3)(o)

Clause wording ii) Subject to Clause 32.2, a rostered day off shall be taken on the fourth Monday in each four-week cycle, except where it falls on a public holiday, in which case the next working day shall be taken in lieu.

Advice This clause does not meet the requirements of section 11. To the extent that the rostered day off cannot be varied by agreement between the employer and employees this clause limits the ability for an employer to determine with its employees when and where work can be performed to meet operational requirements.

1608. Disputes Resolution

Clause wording 14. 3.4 The issue shall be referred to Fair Work Commission (FWC) for resolution. FWC may exercise its conciliation and/or arbitration powers in resolution of the dispute, with the express limitation that any outcome determined by FWC must be consistent with the National Code of Practice and Guidelines Code for the Tendering and Performance of Building Work 2016 and legislative obligations. 14. 4 A party may refer the dispute to FWC to settle the dispute where: a) the dispute has not been resolved by the procedure in Clause 14.3.3; or b) the dispute is not being progressed in a timely manner; or c) there are aspects of the nature of the dispute which require the dispute to be dealt with urgently; or d) the Company and the other party in dispute otherwise agree to refer the dispute. 14. 5 FWC may deal with the dispute using all the procedures available to it under the Act and may attempt to settle the dispute by conciliation or mediation or, where the parties agree, a recommendation or expression of opinion by FWC. If the dispute remains unresolved, FWC may settle the dispute by arbitration, with the express limitation that any outcome determined by FWC must be consistent with the Code for the Tendering and Performance of Building Work 2016 and legislative obligations.

1609. Relationship to Awards (Part 2)

Clause wording ... (b) requirements of the Award which are inconsistent with or stops the parties from complying with the requirements of the Fair Work Act 2009 or the Code for the Tendering and Performance of Building Work 2016 are excluded.

1610. Relationship to Awards (Part 1)

Advice Category Compliant with implementation feedback

Clause wording The agreement herein is intended to be interpreted wholly in conjunction with and is complementary to the Building and Construction Industry General Onsite Award 2010, which Award is referred to herein as if fully set out hereunder. Provided that: (a) Where there is inconsistency between the rates of pay, conditions, allowances and other matters in this Agreement and the above Award, the provisions of this agreement shall prevail to the extent of any such inconsistency, and ...

1611. Lodgement and Date of Operation og the Agreement

Code Reference 11(1)(a), 11(3)(p), 11(4)

Clause wording 3.1 This Agreement shall be lodged in accordance with the Fair Work Act 2009. 3.2 This Agreement shall remain in force until 31 October 2019. Variation of the Agreement 3.3.1 Should the employer intend to make an application under the FW Act, seeking to vary the Agreement, the employer shall advise the union (in writing), of the proposed variation and the union shall be given an opportunity of meeting with the employees concerned about the variation. 3.3.2 Such meeting shall take place prior to the employees being requested to vote (under Section 208 of the FW Act) on the proposed variation. Such meeting shall only discuss the proposed variation. Termination of the Agreement 3.4.1 Should the employer intend to make an application under the FW Act, seeking to terminate the Agreement, the employer shall advise the union (in writing), of the proposed application to terminate the Agreement and the union shall be given an opportunity of meeting with the employees concerned about the proposed application for termination. 3.4.2 Such meeting shall take place prior to the employees being requested to vote (under Section 219 of the FW Act) on the proposed termination. Such meeting shall only discuss the proposed termination of the Agreement. 3.5 The obligations provided in Clause 3.3 and / or 3.4, are conditional upon the representative of the union (however termed), complying with Part 3 – 4 – Right of Entry under the FW Act.

1612. Selection

Code Reference 11(1)(a), 11(3)(h)

Clause wording The selection for redundancy shall be in accordance with the following steps (in order of priority) a. The employer shall call for expression of interest for voluntary redundancy. Provided that the employer may reject an expression of interest if the employee holds skills critical to the future of the operation. b. Redeployment to another suitable alternative position within the Company, provided the employee has the skills and qualifications to perform the duties of the new position. c. In the event that the Company is required to proceed to put in place forced redundancies selection will be made on the following basis; a. An objective skills based selection criteria and weighting will be developed relevant to the circumstances in consultation with the Australian Workers Union, Tasmania Branch. b. An affected employee will be given the opportunity to validate the assessment in respect to themselves c. Those persons who are assessed with the lowest relevant skills assessment will be selected for redundancy; d. Should forced redundancies be necessary and if employees are equal in accordance with the selection criteria then the last on first off rule will apply.

Advice This clause does not meet the requirements of section 11. This clause requires the employer to develop its selection criteria for redundancy in consultation with the union, limiting its rights to make decisions about redundancy based on operational requirements.

1613. Dispute and Grievance Resolution Procedure

Code Reference 11(1)(a), 11(3)(p)

Clause wording Disputes pertaining to the relationship between the employer and employees, the employer and the Union, deductions from wages, the operation of the Agreement, or relating to the National Employment Standards will be resolved according to this procedure. a) The employee/s concerned will meet and confer with their immediate supervisor. The employee/s may appoint another person to act on their behalf including a Union delegate or employee representative. b) If the matter is not resolved at such a meeting the parties to the dispute will arrange further discussions involving more senior management as appropriate. The employee, Union delegate or employee representative may invite an official from the Union to be involved in the discussions as a further representative of the employee. An Officer of the Union who is so invited will be entitled to enter the workplace to represent the employee and the employer will not prevent or hinder such entry. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs. c) If the matter cannot be resolved directly between the parties to the dispute, either of the parties to the dispute may refer the matter at any step to Fair Work Commission to conciliate, or if requested by either party arbitrate the matter. In conducting the arbitration Fair Work Commission shall have the power to do all such things as are necessary for the just resolution or determination of the matter in dispute. This includes the exercising of procedural powers in relations to direction, hearings, witnesses, evidence and submissions which Fair Work Commission considers is necessary to make the arbitration effective.

1614. The Role of Union Delegates

Code Reference 11(1)(a), 11(3)(b), 11(3)(m), 11(3)(n), 11(3)(o), 11(3)(q)

Clause wording The Employer recognises the role of Union delegates to represent Union members in employment matters. The Employer recognises that the Union has a legitimate interest in ensuring that delegates can properly perform such representative functions. The Employer will therefore grant Union delegates reasonable paid time off work to: • Consult and speak with Union members about matters relating to their employment such as a grievance or dispute. • Consult and confer with Officials of the Union • Consult with the employer including participating in any consultation process set out under this Agreement • Represent the interests of Union members to the employer and before industrial tribunals • Participate in the operation of the Union • Address new employees about the benefits of Union membership at an induction meeting • Participate in any bargaining for an agreement to replace this agreement. The Employer will provide noticeboards in lunch room facilities and another prominent location in the workplace which is accessible to all employees and allow the Union delegate to post Union notices and Union information on those noticeboards. Union members will be entitled to meet with their delegates on an as needs basis. The employer shall provide the Union delegate with adequate resources to assist their duties, including access to: • telephone in a private location or mobile phone; • photocopying facilities; • computer, internet and email; • dedicated office; • dedicated facsimile machine. The Employer will respect the privacy of the delegate's use of those facilities and will not monitor communications using those facilities. A nightshift or afternoon shift employee who becomes a Union site delegate shall, upon request and without reduction of penalties or loadings, be transferred to dayshift for the duration of their term in office.

Advice This clause does not meet the requirements of section 11. The clause directly or indirectly requires encouragement of a person to become a member of a building association. It also directly or indirectly requires a person to indicate support, or lack of support, for persons being members of a building association. This clause results in the establishment or maintenance of an area which is intended to be designated to be used by members, officers, delegates or other representatives of a building association in that capacity. This clause limits the ability of the employer to manage its business and it also limits the ability of the employer to agree with its employees when and where work can be performed to meet operational requirements by purporting to allow the employee, or another person, to direct that the employee cease working shift and commence day shift. This clause is also non-compliant because it requires that the union delegate be paid all allowances and penalties available to shiftworkers even though they will no longer undertake shift work. Such allowances and penalties are not available to other workers.

1615. Training for Delegates

Advice Category Compliant with implementation feedback

Clause wording Each Union delegate or employee representative, with approval of the Union and upon application in writing, shall be granted up to 2 days leave with pay each calendar year, non cumulative, to attend courses conducted by the Union or a training provider nominated by the Union, that are designed to provide skills and competencies that will assist the delegate or employee representative perform their functions including contributing to the prompt resolution of disputes and or grievances in the workplace. The application to the employer must be in writing, include the nature, content and duration of the course to be attended, and normally be provided with 14 days notice of the proposed training. The granting of leave pursuant to this clause shall be subject to the employer being able to make adequate staffing arrangements amongst current employees during the period of such leave. The employer shall not use this subclause to avoid an obligation under this clause. leave of absence granted pursuant to this clause, shall count as service for all purposes of this Agreement. Each employee on leave approved in accordance with this clause, shall be paid all ordinary time earnings. For the purpose of this subclause "ordinary time earnings" for an employee means the classification rate, over-award payment, superannuation and shift loading, which otherwise would have been payable. All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the Union. An employee may be required to satisfy the employer of attendance at the course to qualify for payment of leave. An employee granted leave pursuant to this clause shall, upon request, inform the employer of the nature of the course attended and their observations on it.

1616. Overtime

Code Reference 11(1)(a), 11(3)(j), 11(4)

Clause wording The employer shall determine whether overtime is required. The employer shall determine what employees will undertake the overtime. This may result in a situation where some employees are required to work overtime, whilst other employees are not required to work overtime. 33.1 Excessive overtime will not be worked. The overtime requirement for each project will vary and will be discussed and agreed between the employer and a majority of employees and the employer representative on a project by project basis. 33.2 All - time worked beyond the ordinary hours of work as prescribed in Clause 31– Hours of work, will be paid as overtime. 33.3 In accordance with the decision of the Working Hours Test Case decision, the employer and employees agree that overtime must be capped. Apprentices 33.4 Apprentices will be paid overtime at the rate of one and a half times ordinary rate for the first hour and double time thereafter. Work commenced after midnight and prior to commencement of ordinary time will be paid for at the rate of double time. 33.5 No Apprentice under the age of eighteen (18) years will be required to work overtime unless the employee so desires. All other employees 33.6 No Apprentice will, except in an emergency, work or be required to work overtime at times which would prevent his/her attendance at technical school, as required by any statute or regulation applicable to him/her. 33.7 Overtime will be paid at double time. Where overtime is necessary employee/s will not be disadvantaged regarding the amount of overtime employee/s may work. This will be reflected in the work roster. Every employee will be entitled to work reasonable overtime on a fair and equitable basis. 33.8 Overtime will be calculated by applying the hourly divisor of 1/36th. All employees 33.9 Employee/s required to work public holidays and/or picnic day will be paid at double time and a half calculated on the ordinary rate provided that an employee required to work any one (1) of the public holiday/s or Sunday or Picnic Day will be paid for not less than four hours work. 33.10 Employees required to work on a Saturday will be afforded a minimum of three (3) hours work. 33.11 Where Local Government laws prevent a commencement of work at the normal starting time for a Saturday, employees will be paid from their actual commencement time with a minimum of three (3) hours work. 33.12 When an employee is required to work overtime for greater than two (2) hours after working ordinary hours, the employee will be paid a meal allowance in accordance with Appendix D – Allowances and Special Rates, plus an additional meal allowance for each subsequent four (4) hours worked. The employer may provide a meal or meals instead of paying any such allowance. 33.13 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 him/her with conveyance to his/her home or to the nearest public transport.

1617. Employee Representatives

Advice Category Compliant with implementation feedback

Code Reference 11(1)(a), 11(3)(c), 11(3)(h), 11(4), 13(2)(m)

Clause wording This clause outlines the rights for employee representatives when assisting employees. For clarity, Each employee has the right to determine whether they wish to be represented by a union delegate, employee representative, a representative of their choosing, or, not at all. Representation 46.1 The parties recognise the role the employees’ on-site representative has in seeking to ensure industrial harmony on the site or at the workplace. Further the parties recognize that the on-site representative is a point of contact for an employee who has an employment related grievance or a grievance, query or concern arising under the terms of the Agreement. 46.2.1 An employee representative shall, upon notification to the employer, be recognised as the accredited representative of the employees and be allowed all necessary time during working hours to submit to the employer matters affecting the employees he / she represents. 46.2.2 The employee representative shall be allowed reasonable time during working hours to attend to job matters affecting the employees. 46.2.3 At all other times, the employee representative will perform productive work within his / her range of qualifications and competence. 46.2.4 The employee representative is primarily employed to undertake duties that are covered by the Agreement. Employee representative facilities 46.3.1 Where the employer is the principal contractor it is agreed the employer shall provide a facility for the use of the employee representative/s to perform their duties and functions as the on-site representative/s of the employees. The provision of the following facilities is to ensure that the employee representative/s is able to effectively perform his/her functions in a professional and timely manner. The facilities shall include:- 46.3.1(a) a telephone; 46.3.1(b) a table and chairs; 46.3.1(c) a filing cabinet; 46.3.1(d) air-conditioning/heating; 46.3.1(e) access to stationery and other administrative facilities, including use of facsimile, use of e-mail (if available on site), following consultation between employee representative and Site Management; 46.3.1(f) a private lockable area. 46.3.2 The provision of the facilities provided in Clause 46.3.1 – Employee representative facilities is not intended to be designated to be used solely by the employee representative. When required, the area set aside for the employee representative shall be used by the employee representative so that they may consult with employees. When not in use the area shall be available to be used by any and all other employees. Employee representative training leave 46.3 Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of employees will, upon application in writing to the employer, be granted up to five days leave with pay each calendar year non - cumulative to attend courses. 46.4 Such courses will be designed and structured with the objective of promoting good industrial relations within the building and construction industry. 46.5 For the purposes of this Clause an accredited representative of the employee will include an employee representative recognised by the employer in accordance with this Agreement. 46.6 The following scale will apply: No. of employees covered by this Agreement Maximum No. of Representatives eligible to attend per year. Maximum No. of days permitted per year Up to 15 1 5 16 – 30 2 10 31 – 50 3 15 51 – 100 4 20 101 and over 5 25 46.8 The application for leave will be given to the employer at least four (4) weeks in advance of the date of commencement of the course. The application for leave will contain the following details: 46.8.1 the name of the employee seeking the leave; 46.8.2 the period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and 46.8.3 the title, general description and structure of the course to be attended and the location of where the course is to be conducted. 46.9 The employer will advise the employee representative within seven (7) clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved. 46.10 The time of taking leave will be arranged so as to minimize any adverse effect on the employer’s operations. The onus will rest with the employer to demonstrate an inability to grant leave when an eligible employee is otherwise entitled. 46.11 An employer will not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of this Clause ordinary time earnings will be defined as the relevant Agreement classification rate including, shift work loadings where relevant plus Site Allowance where applicable. 46.12 Leave rights granted in accordance with this Clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee’s RDO or with any concessional leave. 46.13 An employee on request by their employer will provide proof of their attendance at any course within seven days. If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week’s pay or from any other moneys due to the employee. 46.14 Where an employee is sick during a period when leave pursuant to this Clause has been granted proof of attendance at the course is not required for that period and the employee will receive payment if entitled under the provisions of this Agreement. 46.15 Leave of absence granted pursuant to this Clause will count as service for all purposes of this Agreement. 46.16 Any dispute as to any aspect of this Clause will be resolved in accordance with the dispute settlement provisions of this Agreement.

Advice Whilst this clause, on its face, is not inconsistent with section 11, its implementation may result in conduct that is a breach of the Building Code 2016. The implementation of the clause may result in conduct which is not compliant with the Building Code if the clause is applied in such a way as to result in the employment of a non-working shop steward or job delegate. The implementation of the clause may result in conduct which is not compliant with the Building Code if the clause is applied in such a way as to result in the establishment or maintenance of an area which is intended to be designated to be used by members, officers, delegates or other representatives of a building association in that capacity. For example, an obligation to create and maintain a ‘shed’ or other such area set aside for exclusive use by a building association and its members would be prohibited. Setting aside an area for officials to carry out consultation with employees in accordance with relevant laws would not be prohibited.

1618. Casual Employees

Clause wording 17.1 The employer will not engage employees as casual employees merely to avoid an obligation under this Agreement. 17.2 A casual employee is an employee engaged and paid as such. 17.3 In addition to the appropriate rate for the type of work, a casual employee will be paid an additional twenty – five percent (25%) of the hourly rates with a minimum payment for three (3) hours’ employment. 17.4 The casual loading prescribed in Clause 17.3 will be paid to relevant employees in lieu of paid leave and notice on termination.

1619. Sham Conrtracting

Clause wording 20.1 The employer recognises that in certain circumstances the use of contractors and labour hire may affect the job security of employees covered by this Agreement. 20.2 For the purpose of this Clause:- Contractor means a person, company or business and includes labour hire companies and sub-contractors; and Work means work covered by the Agreement which might ordinarily be performed by current or future employees of the employer under this Agreement. 20.10 The information provided in Clause 20.13 and 20.14 was correct at the time that the Agreement was approved by the FWC. 20.11 There are a number of factors that assist in determining the difference between an employee and an independent contractor. The following indicators may assist in determining the difference between an employee an independent contractor:- Indicator Employee Independent contractor Degree of control over how work is performed Performs work, under the direction of their employer, on an ongoing basis Has a high level of control in how the work is done Hours of work Generally works standard / set hours Generally decides what hours to work to complete the specific task Risk Bears no financial risk (this is the responsibility of the employer) Bears the risk for making a profit / loss on each job / task. Generally bears responsibility for their own work. Generally will have their own insurance policy / ies Indicator Employee Independent contractor Superannuation Employer’s responsibility to pay Generally pays their own superannuation. Note:- There are some situations in which an independent contractor is entitled to be paid superannuation contributions. Tools and equipment Tools and equipment are generally provided by the employer, or a tool allowance is provided Uses their own tools and equipment Tax Has income tax deducted by their employer Pays their own tax and GST to the ATO Method of payment Paid regularly – weekly Has obtained an ABN and submits an invoice for work completed or is paid at the end of the specific task Leave Entitled to receive paid leave (annual leave; personal / carers leave; etc) Does not receive paid leave 20.12 In addition, the ATO has put together an Employee / Contractor Decision Tool. This can be accessed through the ATO Website:- https://www.ato.gov.au/Calculators-and-tools/Employee-or-contractor/

1620. Superannuation

Clause wording 24.1 For the purposes of the Agreement Ordinary Time Earnings has the meaning given to that expression in the Superannuation Guarantee (Administration) Act 1992 (SGAA), provided that, despite anything to the contrary in the SGAA, it includes:- • the actual ordinary rate of pay; • any payments by way of earnings that are over and above payments prescribed under this Agreement; • any casual rates in respect of an employee’s ordinary hours of work; and • any allowance, loading or bonus payable to employees including tool allowance, industry allowance, trade allowances, shift loading, special rates, qualification allowances (e.g. first aid, laser safety officer, etc), multi-storey allowance, district/location allowance, piecework rates, underground allowance, productivity allowance, site allowances, asbestos eradication allowance, leading hand allowance, in charge of plant allowance, supervisory allowances and daily travel pattern allowance where applicable (fares allowance excluded). 24.2 Subject to the trust deed to the fund of which an employee is a member, the following provisions shall apply:- Paid leave 24.2.1 Contributions will continue whilst a member of a fund is absent on paid leave including, annual leave, personal leave, long service leave, public holidays, jury service, compassionate leave, community service leave and (where appropriate) defence reserve leave. Payments made by the employer on behalf of a third party, including but not limited to, Centrelink and Family Assistance Office, will not be regarded as paid leave for the purposes of superannuation contributions. Unpaid leave 24.2.2 Contributions will not be required in respect of any period of absence from work without pay of one (1) day or more. For the purpose of clarity, where an employee receives a payment for any purpose other than in accordance with Clause 24.2.1, the employee will be deemed to be on unpaid leave. Work related injury or illness 24.2.3 In the event of an eligible employee’s absence from work being due to work related injury or work related illness, contributions at the normal rate will continue for the period of the absence provided that: 24.2.3(a) the member of the fund is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Agreement. 24.2.3(b) the person remains an employee of the employer. 24.3 The employer must be a participating employer in the Construction and Building Unions Superannuation Scheme (Cbus) and subject to an employee’s right to choose a superannuation fund under Section 32F of the SGAA, all employees covered by the Agreement (including Apprentices) of the employer shall be enrolled as members in Cbus and be entitled to superannuation benefits in accordance with the terms of the trust deed for Cbus. 24.4 Despite anything to the contrary in this Agreement, the employer acknowledges and agrees that whether or not the employer enters into an agreement with the respective trustees for each employee’s superannuation fund (Applicable Trustee) pursuant to which the Employer agrees to be bound by the terms from time to time of the trust deed for that fund (Applicable Trust Deed), the employer is deemed to have agreed with the Applicable Trustee and each employee to be bound by the terms of the Applicable Trust Deed to the extent of:- 24.4.1 the employer’s obligations to make superannuation contributions for employees under this Agreement; and 24.4.2 otherwise, an employer’s obligations under the Applicable Trust Deed, and any one (1) or more of the employee, the employee’s authorised representative or the Applicable Trustee may rely on this clause as conclusive evidence of the employer’s agreement to be bound by the Applicable Trust Deed. 24.5 The employer must make superannuation contributions for each employee to Cbus at a rate that is not less than the charge percentage from time to time under the SGAA or any other minimum rate of contribution prescribed by law from time to time (Minimum Contribution Rate). Any statutory increases to the Minimum Contribution Rate during the term of this Agreement will be in addition to the respective Ordinary Time Earnings of employees and will not result in any reduction in Ordinary Time Earnings. 24.6 The level of contributions paid on behalf of each employee will be:- Where an employee (except an Apprentice) is absent from work as a result of a work related injury or illness, or long service leave 24.6.1 First pay period commencing on or after Plumbers Plumber – Provisional Registration Irrigation Installer& Laggers Plumbers Labourer The date of approval of the Agreement $170.00 per week $165.00 per week $165.00 per week $155.00 per week 1 March 2017 $175.00 per week $170.00 per week $170.00 per week $160.00 per week 1 March 2018 $180.00 per week $175.00 per week $175.00 per week $165.00 per week 1 March 2019 $185.00 per week $180.00 per week $180.00 per week $170.00 per week In all other circumstances 24.6.2 nine and a half percent (9.5%) of an employees’ ordinary time earnings. 24.7 Despite anything to the contrary in this Agreement, the superannuation contributions payable by the employer to Cbus must be paid monthly on the 1st day of each month. 24.8 Subject to Clause 24.6.2, and without limiting any other provision of this Agreement, the employer shall make superannuation contributions for an employee into the employee’s superannuation fund in accordance with Clause 24.2. 24.9 The minimum amount contained in the Agreement will be the level of contribution to superannuation whilst an employee is on income protection up to a maximum period of fifty two (52) weeks. 24.10 Where an employee wishes to have their pay salary sacrificed for additional superannuation, the employer will comply with the employee’s request without reasonable delay consistent with statutory requirements. All entitlements and benefits contained in this agreement, for the purposes of all contributions shall be calculated on the pre-salary-sacrifice pay. 24.11 Despite anything to the contrary in this Agreement: 24.11.1 if the employer does not make superannuation contributions for an employee in accordance with this Agreement on the due date for payment, the employer must give that employee and the Applicable Trustee written notice of the non-payment within two (2) business days of the due date for payment and include the following details in that notice:- 24.11.1(a) the reasons for the non - payment; 24.11.1(a)(i) whether the superannuation contributions remain unpaid; and 24.11.1(a)(ii) if the superannuation contributions remain unpaid, when the employer will pay those contributions 24.12 The employer acknowledges and agrees that if it fails to make superannuation contributions for its employees in accordance with this Agreement, but otherwise complies with its’ obligations under the Applicable Trust Deed:- 24.12.1 any one (1), or more, of the affected employees, or his / her employee representative, or other representative, or the Applicable Trustee, shall have standing to enforce the employer’s superannuation obligations under this Agreement, and in the case of the Applicable Trustee, the Applicable Trust Deed including to bring legal proceedings against the employer; and 24.12.2 the employer will be liable to pay the legal costs of any of those parties who bring proceedings against it on a full indemnity basis in the event that that party or parties are successful in the proceedings with the intent that the employer will pay those parties all reasonable legal costs that they have incurred pursuant to the terms that they have agreed with their lawyers. 24.13 The employer must provide written confirmation of the superannuation contributions made by the employer for an employee on that employee’s payslip which must contain full details all types of superannuation contributions (including salary sacrifice) paid on his / her behalf. 24.14 The obligations provided in this Clause, are conditional upon the employee representative or other representative complying with Part 3 – 4 – Right of Entry under the FW Act.

1621. Hours of Work

Clause wording 31.1 The ordinary hours of work will be thirty-six (36) hours worked anytime between 6.00 a.m. and 6.00 p.m. Monday to Friday. Starting time will be between 6.00 a.m. and 9.30 a.m. The precise starting time will be arranged between the employer and the employees recognizing the operational requirements of the employer provided always occupational health and safety principles remain paramount. Normal starting time is 7.00 a.m. 31.2 Where employer efficiency and client needs requires alteration of ordinary working hours such hours may be varied by agreement between the employer and a majority of employees. Employees will be given five (5) days’ notice of any change in the spread of hours or start time. Occupational health and safety principles remain paramount regarding discussions concerning alteration of ordinary working hours. 31.3 Matters on which agreement may be reached include: 31.3.1 How the hours are to be averaged in a work cycle; 31.3.2 The duration of the work cycle; 31.3.3 Rosters which specify starting and finishing times; and 31.3.4 Daily maximum hours. Flexibility of RDOs Note Clauses 31.4, 31.5, 31.6 and 31.7 shall be read in conjunction with Appendix F – Working Day (RDO) Calendar. 31.4 The Rostered Days Off (RDO) Schedule at Appendix F – Working Day (RDO) Calendar will be observed. 31.5 The RDO calendar for subsequent years will be agreed between the parties. 31.6 Employee/s will receive twenty-six (26) RDOs each year. 31.7 The employer and a majority of affected employees may agree on the RDO arrangements allowing flexibility regarding the taking of RDOs. Work cycles 31.8 The method for calculating work cycles is that the ordinary working hours will be worked in a ten (10) day/two (2) week cycle, Monday to Friday inclusive, with eight (8) hours worked for each of nine (9) days, and with 0.8 of an hour on each of those days accruing towards the tenth day, which will be taken as a paid day off. The tenth day of the cycle will be known as the RDO and will be taken as outlined below. Payment on such an RDO will include the daily wages, Fares and Travelling Allowance, and any applicable Site Allowance. 31.9 Provided that twenty-six (26) RDO’s will be accrued by an employee in each twelve (12) months continuous service. This will not apply for the period an employee is on unpaid leave. 31.10 Each day of paid leave taken and any holiday taken (as prescribed below) occurring during any cycle of two (2) weeks will be regarded as a day worked for accrual purposes. The term each day of paid leave only covers days worked, personal leave, annual leave and public holidays (but not RDOs). 31.11 Upon commencement of employment, employees who have not worked, or who are not regarded by reason of this paragraph as having worked a complete ten (10) day/two (2) week cycle, will receive pro-rata accrual entitlements for the first RDO or group of RDOs falling after their commencement of employment. Thereafter, for the duration of employment with that employer, and provided that the employees agree, RDOs will be paid in full as they occur. If RDO’s are paid in full and there is an accrual shortfall the employee/s will remain in debit with the employer. 31.12 At the end of each calendar year or upon termination of employment, an adjustment will be made to ensure that the full RDO entitlement, and no more, has been provided. This means that employees then having received more RDOs than they were entitled to will have the relevant amount removed from final termination payments, and employees who have received less than their full RDO entitlement will have the outstanding amount added to final termination payments.

1622. Christmas Closedown

Clause wording 41.20.1 The Christmas Closedown shall be observed as per the RDO Calendar. 41.20.1 The Christmas Closedown may be varied by agreement between the employer and the employees concerned. 41.20.2 If the employer and the employees have agreed to vary the Christmas Closedown, the employees shall be required to work on the days originally set down as the Christmas Closedown, and the varied / alternative dates of the Christmas Closedown, shall be considered to be the Christmas Closedown. In the alternative, the employer and the employee may agree that there will not be a Christmas Closedown. 41.20.3 In making any decision to vary the Christmas shutdown the employer and the employees concerned must ensure that they comply with the applicable OHS Legislation, which may include fatigue management.

1623. Working Day (RDO) Calendar

Clause wording AF.1 The RDO Calendars for 2017, 2018 and 2019 are attached. AF.3 The RDO Calendars may be varied by agreement between the employer and the employees concerned. AF.4 If the employer and the employees have agreed to vary the RDO Calendar, the employees shall be required to work on the day originally set down as the RDO, or the days originally set down as the RDO’s, and the varied / alternative date of the RDO, or dates of the RDO’s, shall be considered to be the RDO, or the RDO’s. In the alternative, the employer and the employee may agree to bank the RDO, or the RDO’s. AF.4 In making any decision to vary the RDO Calendar the employer and the employees concerned must ensure that they comply with the applicable OHS Legislation, which may include fatigue management.

1624. RDO's

Clause wording 24.5.1 Subject to alternative arrangements made pursuant to Clauses 24.3.1 and / or 24.3.2 – Ordinary Hours Flexibility or as provided for elsewhere in the Agreement, ordinary hours will be worked in a twenty (20) day, four (4) week cycle Monday to Friday inclusive, with nineteen (19) working days of eight (8) hours each, between 6.00 am and 7.00 pm Monday to Friday, with twenty four (24) minutes (0.4 of one (1) hour) worked each day accruing as an entitlement to take off one rostered day in each cycle. The employee will be paid as though he/she had worked. 24.5.2 Due to the employer’s client base and required days of operation, a full shut down on the industry agreed RDO - day is not possible if the employer is to satisfy its clients’ needs. Accordingly, a split of the Plumbers and Apprentices will take place as follows: 24.5.2(a) a selected group of approximately half the Plumbers and half the Apprentices (known as the “Yellow” group) would have their RDO on the agreed industry RDO; 24.5.2(b) the other half (known as the “Green” group) will take their RDO on the Friday preceding the agreed industry RDO. This will give the same advantage to the Green group when a public holiday weekend is listed on a Monday. 24.5.2(c) each calendar year (commencing January) the groups will be rotated; that is, “Green” to “Yellow” and “Yellow” to “Green” for equal opportunity. 24.5.3 If an RDO under this arrangement falls within an Apprentice’s scheduled school week, then an alternate day for the RDO will be arranged in the interests of maximising the Apprentice’s training. Consideration will be given for special circumstances. 24.5.4 The listed RDO - days will be posted on a yearly planner at the start of each calendar year (RDO Calendar). 24.5.5 The RDO Calendar may be varied by agreement between the employer and the employees concerned. 24.5.6 If the employer and the employees have agreed to vary the RDO Calendar, the employees shall be required to work on the day originally set down as the RDO, or the days originally set down as the RDO’s, and the varied / alternative date of the RDO, or dates of the RDO’s, shall be considered to be the RDO, or the RDO’s. In the alternative, the employer and the employee may agree to bank the RDO, or the RDO’s. 24.5.7 In making any decision to vary the RDO Calendar the employer and the employees concerned must ensure that they comply with the applicable OHS Legislation, which may include fatigue management.

1625. Site/Project Allowance

Advice Category Compliant with implementation feedback

Clause wording Site/Project Allowance will be paid in addition to productivity allowance where such an addition is awarded by the FAIR WORK COMMISSION.

1627. THE ROLE OF UNION DELEGATES AND EMPLOYEE REPRESENTATIVES

Code Reference 11(1)(a), 11(1)(c), 11(3)(h), 11(4), 13(2)(m)

Clause wording The Employer recognises the role of Union delegates to represent Union members in employment matters. The Employer recognises that the Union has a legitimate interest in ensuring that delegates can properly perform such representative functions. The Employer will therefore grant Union delegates reasonable paid time off work to: • Consult and speak with Union members about matters relating to their employment such as a grievance or dispute; • Consult and confer with Officials of the Union; • Consult with the Employer including participating in any consultation process set out under this Agreement; • Represent the interests of Union members to the Employer and before industrial tribunals; • Participate in the operation of the Union; • Participate in any bargaining for an agreement to replace this agreement; and • Union members will be entitled to meet with their delegates on an as needs basis. The Employer will provide noticeboards in lunch room facilities or another prominent location in the workplace which is accessible to all employees and allow the Union delegate to post Union notices and Union information on those noticeboards. The employer shall provide the Union delegate with adequate resources to assist their duties, including access to: • Telephone in a private location • Photocopying facilities; • Computer, internet and email via Production Stapylton account The Employer will respect the privacy of the delegate’s use of those facilities and will not monitor communications using those facilities. If there are employee representatives at the workplace who are elected by employees, those representatives will have the same rights as Union delegates under this clause and employees will have the same right to meet such employee representative on an as needs basis. Nothing in this sub-clause prevents a Union delegate also being elected as an employee representative.

1628. Operation

Advice Category Compliant with implementation feedback

Code Reference 11(1)(a), 11(3)(f), 11(4), 11A(1)(b)

Clause wording c) On projects where there are contractual obligations to apply recognised established site conditions and pay (project uplift) that are more favourable than this Agreement: then employees bound by this Agreement will receive pay and conditions that are equal to those site conditions for the duration of their deployment period on that specific project. In such cases the Employer will specify those terms and conditions in writing to the employee. Should the employee seeks from the Employer a comparison between both sets of rates of pay I conditions, the Employer agrees to present that employee with a written comparison of what he or she is being paid under each arrangement.

1629. Dispute and Grievance Resolution Procedure

Code Reference 11(1)(a), 11(3)(p)

Clause wording Any dispute pertaining to the relationship between the Company and an employee or employees, between the Company and the AWU, and regarding any part of this Agreement will be resolved according to the procedure outlined below. AWU members are entitled to be represented by the AWU at every stage of this process if they so choose. Employees who are not AWU members may also choose to be represented by the AWU or another representative of his or her choosing. Nothing in this clause allows for the entry of Union officials to premises where building work is performed other than in compliance with Part 3-4 of the Fair Work Act 2009 (as amended) or under any other relevant legislation, such as workplace health and safety legislation. The types of disputes covered by the following procedure includes, but is not limited to: Whether a workplace right has been breached; Deductions from wages; The operation of this Agreement; and The National Employment Standards, including provisions relating to flexible working arrangements and extending the period of unpaid parental leave. The employee or employees concerned with the dispute must initially meet and address the dispute or grievance with their immediate supervisor. The employee or employees may appoint a representative such as an AWU delegate or employee representative to be present at the meeting with their supervisor, or to meet with their supervisor on their behalf. If the matter is not resolved after meeting with an immediate supervisor, the employee or employees and/or their representative(s) will arrange further discussions with more senior management as appropriate. If requested by an employee, AWU delegate, or employee representative, an official from the AWU may be involved in these discussions as a further representative of the employee. If entering premises where building work is being performed, the official must comply with Part 3-4 of the Fair Work Act 2009 or under any other relevant legislation, such as health and safety legislation. The Company must not hinder or prevent the entry of the AWU official. If the matter cannot be resolved directly between the parties to the dispute and/or their representatives, or if it is not practicable for the above steps to be completed due to the urgency of the dispute or for any other reason, any party to the dispute or their representative may refer the matter to the Fair Work Commission for resolution. Conciliation must be attempted before arbitration. Any arbitrated decision of the Fair Work Commission, whether interim or final, will be: Consistent with the Code for the Tendering and Performance of Building Work 2016 (2016); and Binding on both parties. Where a dispute is referred to the Fair Work Commission, an employee affected by that dispute must be granted reasonable paid leave for the purposes of attending any relevant conference or hearing. To ensure the proper application of this process and to maintain workplace harmony, until a dispute is resolved according to this procedure, the status quo ante will prevail unless the employee or his or her representative has a reasonable concern about an imminent risk to the employee’s health or safety. 1.12 In order to remove doubt, if the dispute concerns a change at work or a change in conditions, the status quo ante represents the position before the implementation of the change.

1630. Rostered Days Off