Victoria ETU EA Wins for the Industry – 2021 to 2025

Constructive Legal Solutions (CLS) is pleased to announce that on the 4^th of August 2021, after lengthy negotiations, the ETU Enterprise Agreement (EA) template for the period 2021-2025 was signed off by the ETU industry bargaining representatives and NECA Victoria, on behalf of NECA Members.

This was a historic moment with both sides of the negotiations working pragmatically in the current challenging environment to deliver an outcome significantly better for our industry than has been achieved by others in the broader construction industry.

CLS is proud to have supported NECA Victoria in the negotiations, providing research, drafting and advisory support.

Key Changes

a. Total package increases

The components include:

• Wage rates
• Fares and travel allowance
• Severance
• Income protection
• 2 days of Training per year (A-Grade refresher and paid online inductions)
• Site allowance (Part B employees)

* This does not include increases to allowances that increase in line with the wage increases or ones that increase in line with CPI each year.

b. Wage Increases

*Note: Allowances (special flat rate, all purpose allowance and site specific/project specific allowances all increased in line with the above percentages. Some allowances increased in line with CPI as per their respective clauses).

c. Superannuation

These lines have now been removed: “Unpaid leave due to injury/illness, compassionate grounds (of less than a month or unless otherwise agreed) or taken pursuant to this Agreement or the NES” and “for personal recreation reasons or the like”.

Change from previous Agreement so that employees have a choice of super fund that contributions are made to.

d. Protect contributions

Severance

Income protection

e. Paid training days

The Agreement now contains provisions where employees can attend an A Grade refreshment training, where required, and an apprentice development training day without loss of pay. Do note the employer does not cover the costs of the training.

f. One break

The Agreement now contains a provision where an employer can, at its absolute discretion, arrange hours of work such that employees on a specific work site are only entitled to one break from work.

g. Tunneling clause

The Agreement, under Part B (Construction), contains a new provision that covers employees working on the following tunneling projects:

• North East Link
• Westgate Tunnel
• Airport Rail Link
• Suburban Rail Loop

This clause covers of the following allowances: meal, travel, site and special project productivity allowance.

h. Discipline and counselling procedure

The Agreement, contains a brief “Counselling and disciplinary procedure” that seeks to have employers ensure that the process are conducting in line with the principles of procedural fairness and natural justice.

i. Indigenous/ABTSI

The Agreement contains a clause that addresses the significant cultural importance of Indigenous Australians.

j. Fixed term contract

The Agreement now defines a fixed term employee and sets out that a fixed term employee is entitled to a payment in lieu of notice at the date of completion of the contract.

If you are looking to sign on to the Victoria ETU EA and would like support in running the entire process, please get in touch with us via admin@constructivelegalsolutions.com.au.