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New South Wales Industrial Relations Commission
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PLUMBERS AND GASFITTERS (STATE) AWARD
  
Date04/15/2005
Volume350
Part1
Page No.
DescriptionRVIRC - Award Review Variation by Industrial Relations Commission
Publication No.C3337
CategoryAward
Award Code 539  
Date Posted04/14/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(539)

SERIAL C3337

 

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.

 

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