As a result of the 4-yearly review of modern awards, on 4 December 2020, the Fair Work Commission handed down a decision ([2020] FWCFB 6040) to address several outstanding technical and drafting matters in the Building and Construction General On-Site Award 2010 (On-Site Award), Joinery and Building Trades Award 2010 (Joinery Award), Mobile Crane Hiring Award 2010 (Mobile Crane Award) and the Plumbing and Fire Sprinklers Award 2010 (Plumbing and Fire Sprinklers Award) (collectively referred to as the ‘Construction Awards’). The re-drafting process of the modern awards aimed to address some of the known structural issues in the modern awards and applied plain language drafting principles and techniques. This part of the review did not deal with substantive issues in the Construction Awards as these were predominantly dealt prior to this decision (see links to the exposure drafts below).

What are the other changes?

The varied Construction Awards will have the year ‘2020’ in their titles and include summaries of the hourly rates of pay and monetary allowances in the schedules of the Awards. Below is a summary of the main drafting issues in the final exposure draft the Plumbing and Fire Sprinklers Award that were addressed in the decision.

Plumbing and Fire Sprinklers Award

• In the tables appearing in clause C.2.3 Daily hire employees—ordinary and penalty rates, C.2.4 Daily hire shiftworkers—shiftwork rates, and C.2.5 Daily hire employees—overtime rates, the wording “in accordance with the relevant State legislation” has been added where “Not registered” is mentioned
• Insertion of footnote 1 that reads “These allowances apply for all purposes.” under the table in F.1.2 Hourly wage-related allowances

To view the Plumbing and Fire Sprinklers Award exposure draft click here.

To view the future Plumbing and Fire Sprinklers Award click here.

Other changes that have also been incorporated into the varied Constructions Awards include issues relating to:

• Calculation of overtime for casuals clarified
• Wages and expense-related allowances that reflect the adjustment in accordance with the Annual Wage Review 2019-20 Decision (effective 1 November 2020);
• Schedule X—Additional Measures During the COVID-19 Pandemic being extended until 29 March 2021 (excluding the Plumbing and Fire Sprinklers Award)

When will the changes come into effect?

These changes will be effective from the start of the first full pay period on or after 1 March 2021.

Further information

To view the updated version of the Plumbing and Fire Sprinklers Award from the abovementioned effective date, click here.