PLUMBERS AND GASFITTERS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5676 of 2003)
Before Commissioner
Macdonald
|
21 October 2004
|
REVIEWED AWARD
1. Delete the
arrangement of the award published 25 February 2000 (313 I.G. 709), and insert
in lieu thereof the following:
Arrangement
PART A
Clause No. Subject Matter
7. Additional
Wage Rates
34. Annual
Holidays
35. Annual
Holiday Loading
54. Anti-Discrimination
60. Area,
Incidence and Duration
58. Award
Modernisation
1. Basic
Wage
33. Bereavement
Leave
10. Chokages
14. Compensation
for Travel Patterns and Mobility Requirements of Employees and the Nature of
Employment in the Construction Work Covered by this Award
15. Compensation
for Travel Patterns and Mobility Requirements of Apprentices
41. Conveniences
47. Damage to
Clothing and Tools
17. Distant
Work‑Apprentices
29. Employees
Presenting Themselves and Not Engaged
55. Exhibition
of Award
43. First-aid
4. Hours
48. Insurance
of Tools and Clothing
2. Interpretation
40. Jury
Service
9. Leading
Hands
56. Leave
Reserved
16. Living
Away From Home-Distant Work
36. Long
Service Leave
13. Multi-storey
Allowance
5. Night Shift
33. No Claims
Agreement
27. Notice on
Leaving and Dismissal
45. Occupational
Health and Safety
20. Overtime
21. Overtime-Apprentices
37. Parental
Leave
25. Payment of
Wages
38. Personal/Carer's
Leave
24. Picnic Day
57. Piecework
53. Prohibition
of Bans, Limitations and Restrictions
3. Proportion
46. Protective
Clothing
42. Provision
for Boiling and Drinking Water
23. Public
Holidays
30. Redundancy
50. Right of
Entry
22. Saturday
and Sunday
52. Settlement
of Disputes
18. Ship's
Plumbing Outwork
19. Ship's
Plumbing Outwork-Apprentices
31. Sick Leave
32. Sick
Leave-Apprentices
11. Special
Rates
44. Special
Conditions
12. Special
Rates (Ships Plumbing)
59. Structural
Efficiency Exercise
28. Termination
of Employment‑Trainee Apprentices
26. Time and
Wage Records
8. Tool
Allowance-Apprentices
49. Tools of
Trade
39. Trade
Union Training Leave
51. Union
Steward
6. Wages
2. Renumber the
clauses in the body of the award to reflect the new Arrangement.
3. Delete the
words "Commencing 24 may 1982 the" appearing in paragraph (i) (a), of
clause 4, Hours, and insert in lieu thereof the following:
The
4. Delete
paragraph (i) (b), of the said clause 4, and insert in lieu thereof the
following:
(b) Where such fourth Monday or agreed rostered day prescribed by
subparagraph (1) of paragraph (a) of this subclause falls on a public holiday
as prescribed in clause 23, Public Holidays (or in respect of an apprentice on
a day on which the apprentice is required to attend technical college or
registered training organisation), the next working day shall be taken in lieu
of the rostered day off unless an alternative day in that four-week cycle or
the next, is agreed in writing between the employer and the employees.
5. Delete the
word "his" wherever appearing in the award, and insert in lieu
thereof the following:
his/her
6. Delete
paragraph (xxx) (c), of clause 11, Special Rates, and insert in lieu thereof
the following:
(c) Control: refer
to the relevant New South Wales Occupational Health and Safety Legislation."
7. Delete
subclause (ii) and (iii), of clause 21, Overtime - Apprentices, and insert in
lieu thereof the following:
(ii) No apprentice
shall, except in an emergency, work or be required to work overtime or shift work
at times which would prevent his/her attendance at technical school or
registered training organisation as required by any statute, award or
regulation imposed upon him/her.
(iii) An apprentice
shall not work overtime except under the direction of a tradesperson.
8. Clause 24
(ix) insert after the words "technical college or school" the words
"or registered training organisation".
(ix) The provisions
of this clause shall not apply to any apprentice who is required to attend a
technical college, school or registered training organisation for the purpose
of receiving trade instructions and/or submitting himself/herself for any
examination. In such case the employer and the apprentice mutually shall agree
that the apprentice shall be allowed another working day off with pay in lieu
of the picnic day. Where this is not practicable the apprentice shall be paid
at the overtime rates prescribed herein.
9. Delete clause
25, Payment of Wages, and insert in lieu thereof the following:
25. Payment of Wages
Payment of wages shall be in accordance with the Industrial
Relations Act 1996."
10. Delete clause
26, Time and Wages Records, and insert in lieu thereof the following:
26. Time and Wages
Records
(i) Time, wages
and superannuation records will be kept in accordance with the relevant
legislation.
(ii) The employer
shall record the location of the job if it is outside the radius specified in
clause 14, Compensation for Travel Patterns, Mobility Requirements of Employees
and the Nature of Employment in the Construction Work Covered by this Award.
11. Delete clause
37, Parental Leave, and insert in lieu thereof the following:
37. Parental Leave
(A) Parental Leave
entitlements shall be taken in accordance with this clause and the provisions
of the Industrial Relations Act 1996 (as varied).
(B) Part-time Work
-
Definitions -
(1) For the
purposes of this subclause:
(a) "Male
Employee" means a male employee who is caring for a child born of his
spouse or a child placed with the employee for adoption purposes.
(b) "Female
Employee" means an employed female who is pregnant or is caring for a
child she has borne or a child who has been placed with her for adoption
purposes.
(c) "Spouse"
includes a de facto spouse.
(d) "Former
Position" means the position held by a employee immediately before
proceeding on leave or part-time employment under this subclause whichever
first occurs or, if such position no longer exists but there are other
positions available for which the employee is qualified and the duties of which
he or she is capable of performing, a position as nearly comparable in status
and pay to that of the position first mentioned in this definition.
(f) "Continuous
Service" means service under an unbroken contract of employment and
includes:
(i) Any period of
leave taken in accordance with this clause.
(ii) Any period of
part-time employment worked in accordance with this clause; or
(iii) Any period of
leave or absence authorised by the employer or by the award.
Entitlement -
(2) With the
agreement of the employer -
(a) A male
employee may work part-time in one or more periods at any time from the date of
birth of the child until its second birthday or, in relation to adoption, from
the date of placement of the child until the second anniversary of the
placement.
(b) A female
employee may work part-time in one or more periods while she is pregnant where
part-time employment is, because of the pregnancy, necessary or desirable.
(c) A female
employee may work part-time in one or more periods at any time from the seventh
week after the date of birth of the child until its second birthday.
(d) In relation to
adoption a female employee may work part-time in one or more periods at any
time from the date of the placement of the child until the second anniversary
of that date.
Return to Former Position -
(3)
(a) An employee
who has had at least 12 months continuous service with an employer immediately
before commencing part-time employment after the birth or placement of a child
has, at the expiration of the period of such part-time employment or the first
period, if there is more than one, the right to return to his or her former
position.
(b) Nothing in
subparagraph (a) of this paragraph shall prevent the employer from permitting
the employee to return to his or her former position after a second or
subsequent period of part-time employment
Effect of Part-Time Employment on Continuous Service -
(4) Commencement
on part-time work under this clause, and return from part-time work to full-time
work under this clause, shall not break the continuity of service or
employment.
Pro-Rata Entitlements -
(5) Subject to the
provisions of this subclause and the matters agreed to in accordance with paragraph
(8) of this subclause, part-time employment shall be in accordance with the
provisions of this award which shall apply pro-rata.
Transitional Arrangements - Annual Leave -
(6)
(a) An
employee working part-time under this subclause shall be paid for and take any
leave accrued in respect of a period of full-time employment, in such periods
and manner as specified in the annual leave provisions of this award, as if the
employee were working full-time in the class of work the employee was performing
as a full-time employee immediately before commencing part-time work under this
subclause.
(b)
(i) A full-time
employee shall be paid for and take any annual leave accrued in respect of a
period of part-time employment under this subclause, in such periods and manner
as specified in this award, as if the employee were working part-time in the
class of work the employee was performing as a part-time employee immediately
before resuming full-time work.
(ii) Provided
that, by agreement between the employer and the employee, the period over which
the leave is taken may be shortened to the extent necessary for the employee to
receive pay at the employee's current full-time rate.
Transitional Arrangements - Sick Leave -
(7) An employee
working part-time under this subclause shall have sick leave entitlements which
have accrued under this award (including any entitlement accrued in respect of
previous full-time employment) converted into hours. When this entitlement is
used, whether as a part-time employee or as a full-time employee, it shall be
debited for the ordinary hours that the employee would have worked during the
period of service.
Part-Time Work Agreement -
(8)
(a) Before commencing
a period of part-time employment under this subclause the employee and the
employer shall agree:
(i) That the
employee may work part-time.
(ii) Upon the
hours to be worked by the employee, the days upon which they will be worked and
commencing times for the work.
(iii) Upon the
classification applying to the work to be performed.
(iv) Upon the
period of part-time employment.
(b) The terms of
this agreement may be varied by consent.
(c) The terms of this
agreement or any variation to it shall be reduced to writing and retained by
the employer. A copy of the agreement
and any variation to it shall be provided to the employee by the employer.
(d) The terms of
this agreement shall apply to the part-time employment.
Termination of Employment -
(9)
(a) The employment
of a part-time employee under this clause, may be terminated in accordance with
the provisions of this award but may not be terminated by the employer because
the employee has exercised or proposes to exercise any rights arising under
this clause or has enjoyed or proposes to enjoy any benefits arising under this
clause.
(b) Any termination
entitlements payable to an employee whose employment is terminated while
working part-time under this clause, or
while working full-time after transferring from part-time work under this
clause, shall be calculated by reference to the full-time rate of pay at the
time of termination and by regarding all service as a full-time employee as
qualifying for a termination entitlement based on the period or full-time
employment and all service as a part-time employee on a pro-rata basis.
Extension of Hours of Work -
(10) An employer may
request, but not require, an employee working part-time under this clause to
work outside or in excess of the employee's ordinary hours of duty provided for
in accordance with paragraph (5) of this subclause.
Nature of Part-Time Work -
(11) The work to be
performed part-time need not be the work performed by the employee in his or
her former position but shall be work otherwise performed under this award.
Inconsistent Award Provisions -
(12) An employee may
work part-time under this clause notwithstanding any other provision of this
award which limits or restricts the circumstances in which part-time employment
may be worked or the terms upon which it may be worked including provisions:
(a) Limiting the
number of employees who may work part-time.
(b) Establishing
quotas as to the ratio of part-time to full time employees
(c) Prescribing a
minimum or maximum number of hours part-time employee may work; or
(d) Requiring
consultation with, consent of or monitoring by a union;
and such provisions do not apply to part-time work
under this clause.
Replacement Employees -
(13)
(a) A replacement
employee is an employee specifically engaged as a result of an employee working
part-time under this subclause.
(b) A replacement
employee may be employed part-time. Subject to this paragraph, paragraphs (5),
(6), (7), (8), (9) and (12) of this subclause, apply to the part-time
employment of a replacement employee.
(c) Before an
employer engages a replacement employee under this paragraph, the employer
shall inform the person of the temporary nature of the employment and of the
rights of the employee who is being replaced.
(d) Unbroken
service as a replacement employee shall be treated as continuous service for
the purposes of this paragraph.
(e) Nothing in
this subclause shall be construed as requiring an employer to engage a
replacement employee.
12. Delete
subclause (ii), of clause 43, First-aid, and insert in lieu thereof the
following:
(ii) Where an
employee covered by this award is appointed by the employer as a qualified
first-aid person he/she shall be paid an additional rate as set out in Item 73
of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
13. Delete clause
44, Special Conditions, and insert in lieu thereof the following:
44. Special
Conditions
(i) Apprentices -
(a) When an
apprentice is called upon to do work in connection with new buildings, tool
sheds or tool boxes, adequate sanitary conveniences and hot water for meals
shall be provided by the employer unless the same shall have been provided for
and made available to the apprentice by the building contractor by arrangement
with the employer.
(b) TAFE fees -
The fees due by an apprentice for attending the plumbing trade course shall be
paid by the employer at the time such fees become due.
14. Insert after clause
44, Special Conditions, the following new subclause:
45. Occupational
Health and Safety
(i) Employers and
Employees have obligations regarding safety under the Occupational Health and
Safety Legislation as amended from time to time."
15. Insert at the
end of clause 60, Area, Incidence and Duration, the following new paragraph:
The changes made to the Award pursuant to the Award Review
under section 19(6) of the Industrial Relations Act 1996 and Principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 18 December 1998 (85 IR 38) take effect on and
from 21 October 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired".
A. W. MACDONALD, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.