JOINT CONCILIATION COMMITTEE OF THE HEATING, VENTILATING AND DOMESTIC ENGINEERING INDUSTRY

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1 JOINT CONCILIATION COMMITTEE OF THE HEATING, VENTILATING AND DOMESTIC ENGINEERING INDUSTRY COMPRISING: 104 Heatng and Ventlatng Contractors' Assocaton (HVCA) Unte the Unon ESCA HOUSE, 34 PALACE COURT, BAYSWATER, LONDON W2 4JG TEL: November 2010 TO EMPLOYERS AND EMPLOYEES IN THE HEATING, VENTILATING, AIR CONDITIONING, PIPING AND DOMESTIC ENGINEERING INDUSTRY Dear Sr/Madam Smplfcaton of Clause 6 of the H&V Natonal Agreement (Gradng Defntons) and Agreed Notes for Gudance to Clause 6 1. Introducton and Summary The purpose of ths letter s to advse you of a number of textual changes to Clause 6 of the Operatve Natonal Agreement and the assocated Agreed Notes for Gudance followng agreement reached by the Partes. 2. Changes to the Operatve Natonal Agreement 2.1 The Assocaton and the Unon have agreed that the followng changes shall be ncluded n the nterest of smplfyng the exstng text contaned at Clause 6 and the assocated Agreed Notes for Gudance. Appendx 1 to ths JCC Letter: Clause 6 of the Natonal Agreement: Gradng Defntons Appendx 2: Agreed Notes for Gudance to Clause The Partes recognse that by agreeng to smplfy the text at Clause 6 no ndvdual Operatve shall derve any beneft from, or be dsadvantaged by, these textual changes, whch are amed merely at smplfyng the wordng of the exstng provsons. 2.3 All changes to the Natonal Agreement shall become effectve from 15 November 2010.

2 3. Permanent Document 3.1 The Partes plan to reprnt the text of the Operatve Natonal Agreement n ts entrety n the comng months, and ths wll ncorporate the changes outlned n ths JCC Letter. Sgned on behalf of and as authorsed by HEATING AND VENTILATING CONTRACTORS ASSOCIATION R.J. HIGGS OBE, Chef Executve Sgned on behalf of and as authorsed by UNITE THE UNION T. HARDACRE, Constructon Industry Lead Offcer

3 APPENDIX 1 H&V OPERATIVE NATIONAL AGREEMENT CLAUSE 6 6: GRADING DEFINITIONS a b c d e Operatves covered by the Agreement shall be graded n accordance wth the defntons n Clause 6e - k. The rates of wages for each grade shall be agreed from tme to tme between the Assocaton and the Unon and shall be enumerated n an Appendx to ths Agreement. When an Operatve s re-graded, the rate for the new job shall apply from the date of the regradng. (See agreed Notes for Gudance) Any dspute between an Employer and an Operatve as to the grade whch s approprate for the Operatve or n connecton wth any other matter relatng to gradng ncludng a refusal or delay on the part of the Employer to consder re-gradng shall be dealt wth n accordance wth Clause 25, Conclaton, of the Agreement. The defnton of the grade Mate shall be: In order to secure maxmum utlsaton of manpower and optmum economc producton, Mates shall be requred to provde a range of support actvtes for Craftsmen and Senor Craftsmen. However, the work of a Mate shall not be confned to the manual work of fetchng and carryng. Mates shall wthn ther capablty carry out sem-sklled tasks wth one objectve of mprovng productvty and the other objectve of permttng those who wsh to do so to qualfy for consderaton for appontment as an Adult Tranee. Whle not requred to demonstrate developed techncal sklls, Mates shall be able to undertake sem-sklled repettve tasks, ncludng the use of power tools. A Mate must also be aware of the basc safety requrements of the job, havng had approprate health and safety tranng. f The defnton of the grade Adult Tranee shall be: An Adult Tranee shall be graded the same as a Mate but shall be undergong recognsed tranng or pursung accredtaton of pror learnng and/or experence wth a vew to achevng Natonal Vocatonal Qualfcaton/Scottsh Vocatonal Qualfcaton (NVQ/SVQ) Level 2 n H&V Installaton. g The defnton of the grade Installer shall be: An Installer shall be able, under close, but not constant supervson, to carry out the nstallaton of domestc or ndustral/commercal ppework and/or ductwork, and assocated components and systems. An Installer shall be able to: v demonstrate a basc knowledge of how the components wthn a system relate to each other; plan the nstallaton of system components; nstall and test system components; carry out pre-commsson testng; and

4 APPENDIX 1 v de-commsson systems. An Installer shall also be able to demonstrate competence n the health and safety, human nteracton, qualty control and envronmental requrements approprate to ther scope of work. All Installers enterng the grade other than by re-gradng from the former Assstant and Improver grades shall demonstrate that they have satsfactorly completed tranng or receved formal accredtaton for the sklls and experence they possess, howsoever acqured, n accordance wth the requrements of NVQ/SVQ Level 2 H&V Installaton (whether Industral and Commercal, Domestc or Ductwork optons) whch may be amended from tme to tme as approved by the approprate natonal accredtaton bodes. Operatves graded Installer who wsh to consder qualfyng for entry to the Craftsman grade by achevng NVQ/SVQ Level 3 should contact ther Employer to ascertan whether arrangements can be made through an approprate agency for the assessment of ther sklls and experence. See Clause 6m on obtanng nformaton about the defnton of the former Assstant and Improver grades. h The defnton of the grade Apprentce/Tranee shall be: An Apprentce/Tranee as dstnct from an Adult Tranee shall be undertakng an approved course of tranng as follows: n accordance wth the Agreement on Apprentceshps at Appendx G; or n the case of Ductwork Installaton Tranees, an approved n-company scheme of tranng (further detals are gven n Clause 23). The defnton of the grade Craftsman shall be: A Craftsman shall be able wthout supervson to carry out the nstallaton of domestc or ndustral/commercal ppework and/or ductwork, and assocated components and systems. A Craftsman shall be able to: v v v v demonstrate a greater depth of techncal knowledge and level of responsblty than an Installer: n partcular, a Craftsman shall be able to demonstrate detaled knowledge of a system s operatng prncples; set, dentfy and establsh the requrements of the job, whether from drawngs or customers other nstructons; lase wth other trades, supplers and customers, as approprate; solve problems wthn the scope of the work carred out; ensure complance wth all relevant standards; specfy and montor programmes for nstallng and commssonng systems; commsson and test systems.

5 APPENDIX 1 A Craftsman shall also be able to demonstrate competence n the health and safety, human nteracton, qualty control and envronmental requrements approprate to ther scope of work. Where work s undertaken on gas systems, t shall comply wth the requrements of relevant regulatons and the natonally accredted scheme for the certfcaton of gas-fttng personnel. A Craftsman shall: have worked n the ndustry for four consecutve years; and have successfully completed an apprentceshp approved by the former Natonal Jont Industral Councl (NJIC); or have completed a Modern Apprentceshp/an Apprentceshp; or have completed a tranng programme as a Ductwork Installaton Tranee; or have receved formal accredtaton for the sklls and experence they possess, howsoever acqured n accordance wth the requrements of NVQ/SVQ Level 3 n H&V Installaton (whether Industral and Commercal, Domestc or Ductwork optons) whch may be amended from tme to tme as approved by the approprate natonal accredtaton bodes. A lstng of the former qualfcatons prevously requred for entry nto the grade of Craftsman as recognsed by the Partes can be found n the agreed Notes for Gudance. j The defnton of the grade Senor Craftsman shall be: A Senor Craftsman shall have at least the same qualfcatons as a Craftsman, except that a Senor Craftsman shall have ganed not less than fve years experence of workng n the ndustry after achevng status as a Craftsman. A Senor Craftsman shall: have experence beyond that of a Craftsman by vrtue of addtonal profcency, speed and flexblty, and have other specal sklls over and above that detaled n the defnton of a Craftsman; and agree to undertake the day-to-day on-the-job tranng and nstructon of Adult Tranees, Apprentces and other tranees/canddates undergong, for example, the accredtaton of ther pror learnng amed at the achevement of ndustryrecognsed Vocatonal Qualfcatons; and be able to take responsblty for the day-to-day supervson of work squads wth an average labour force of three other Craftsmen/Senor Craftsmen. General Subject to the agreed Notes for Gudance concernng ths Clause, re-gradng as a Senor Craftsman shall be on the bass of the Craftsman havng the capabltes requred by the grade, rather than the Employers requrement for such level of work to be performed.

6 APPENDIX 1 k The defnton of the grade Foreman shall be: A Craftsman who satsfes the qualfcatons of a Senor Craftsman may be desgnated by the Employer as a Foreman, provded he s competent to perform all the dutes lsted below (or the vast majorty of them as approprate to and n accordance wth the requrements of the Employer): v v v v v x x x x x xv xv xv xv xv xx assgn tasks to Senor Craftsmen wth supervsory responsbltes and other Operatves under hs drect control redeploy Senor Craftsmen wth supervsory responsbltes or other Operatves under hs drect control, n order to acheve the optmum productvty ncludng onste batch producton and fabrcaton decde methods to be used for ndvdual operatons and nstruct other Operatves accordngly ensure varaton work does not proceed wthout authorty from the offce mantan ste contract control procedure requston and progress supply of necessary equpment and materals to other Operatves when requred ensure that other Operatves take all reasonable steps to safeguard, mantan and generally take care of Employer's tools and materals mantan day to day lason and programme of work wth man contractor and other sub-contractors nspect and revew progress of work of sub-contractors montor progress to man contractors, n order that agreed programme s met measure and record progress of work nspect the work of other Operatves for qualty, progress and satsfactory completon check weekly progress aganst programme and dentfy devatons therefrom verfy bookngs on tme and job cards and despatch them promptly to the offce notfy offce of mpendng delays lkely to affect progress or gve rse to a clam establsh reasons for delays to work and notfy offce provde nformaton for cost varaton nvestgatons when necessary forecast labour requrements ensure company nstructons and standards of dscplne, workmanshp and safety are mantaned on ste

7 APPENDIX 1 xx xx xx xx xxv xxv xxv xxv ensure that the condtons of the Natonal Agreement and any other condtons of employment are compled wth supervse tranng of Apprentces assgned to hs control take overall charge of all hs Employer's labour on ste and act where necessary as the Employer's ste agent evolve and/or agree order of work wthn overall programme and control ts progress decde or agree locatons of ste offce, ste stores, ste workshop and other work statons and adjust same to sut ste progress and changng condtons ensure complance of all work, whether executed by own Operatves or subcontractors, wth drawngs and specfcatons organse, supervse and record such tests (e.g. hydraulc) and/or nspectons as are requred durng progress of contract requston or otherwse procure such attendances and facltes as are requred of the man contractors and/or of other sub-contractors xxv attend ste meetngs (f so requred by Employer) xxx xxx xxx xxx ensure that safe methods of work are adopted by other Operatves under hs drect control ensure clearance of rubbsh as specfed arrange and supervse testng on completon, ncludng complance wth specfcatons, snaggng and operatonal handng over as drected and fnal ste clearance such other detals as are reasonably requred by the Employer. Alternatvely A parallel route to demonstratng the capabltes requred of a Foreman wll also exst through the achevement of the NVQ Level 3 Technology and Project Management qualfcaton, or (n Scotland) the Natonal Hgher Certfcate n Buldng Servces Engneerng whch may be amended from tme to tme as approved by the approprate natonal accredtaton bodes. Detals of the prevous qualfcatons can be found n the agreed Notes for Gudance. The Employer s not oblged to re-grade every Senor Craftsman as Foreman who may have the capabltes requred by the Foreman grade or the NVQ Level 3 Technology and Project Management or (n Scotland) the Natonal Hgher Certfcate n Buldng Servces Engneerng. A Senor Craftsman who s graded as a Foreman does not necessarly carry the Foreman grade wth hm to a new Employer. See Clause 6m on obtanng nformaton about the grade defnton of the former Foreman and Foreman (Ductwork) grades.

8 APPENDIX 1 Regstraton wth Engneerng Servces SKILLcard l All Operatves should regster wth Engneerng Servces SKILLcard by completng an applcaton form and returnng t wth two passport szed photographs and evdence of meetng the health and safety awareness requrements of SKILLcard. Further detals of Engneerng Servces SKILLcard are avalable n the SKILLcard scheme booklet whch can be downloaded from the SKILLcard webste at: or can be obtaned from the SKILLcard offce at: Engneerng Servces SKILLcard Ltd Old Manson House Eamont Brdge Penrth Cumbra CA10 2BX Tel: Fax: e-mal: skllcard@welplan.co.uk Employers wll assst where practcally possble wth the regstraton of Operatves. Upon payment of the relevant regstraton fee and subject to the prncples of SKILLcard, Operatves wll be sent a credt card-szed SKILLcard regsterng ther detals. Employers should ask to see the Operatve s SKILLcard to verfy an Operatve s qualfcatons. Any queres about an ndvdual Operatve can be addressed to the SKILLcard offce on the telephone number above, but, under no crcumstances, wll lsts of Operatves regstered by Engneerng Servces SKILLcard be suppled to any enqurer. Informaton about Former Grade Defntons m Detals of former grade defntons are obtanable from ether of the Partes, by wrtng or telephonng the relevant body shown at Appendx J.

9 APPENDIX 2 H&V OPERATIVE NATIONAL AGREEMENT AGREED NOTES FOR GUIDANCE TO CLAUSE 6 6: NOTES FOR GUIDANCE GRADING DEFINITIONS Clause c The Operatve should be advsed of hs grade or re-gradng n wrtng by hs Employer. In the normal course of events ths responsblty wll be dscharged by ssue of the statutory statement of the man terms and partculars of the employment contract. In the case of a re-gradng of an exstng Operatve, ths change must be communcated n wrtng to the ndvdual at the earlest opportunty, but no later than one month after the change becomes effectve. If an Operatve ceases to have the necessary qualfcatons for hs grade he must be transferred to the grade approprate to hs qualfcatons. When engagng an Operatve the Employer has the rght to assure hmself that the Operatve has the necessary qualfcatons for hs grade. Clause e Mate For avodance of doubt, the sem-sklled tasks that can be undertaken by Mates may nclude, among other thngs, the nstallaton of support systems and modularsed components but only on large stes and not to the detrment of senor grades. Clause Craftsman Before 24 August 1998 A Craftsman shall have successfully completed an apprentceshp approved by the Natonal Jont Industral Councl (NJIC), and have passed the practcal examnaton of an approprate Cty and Gulds of London Insttute basc craft course whch has been recognsed by the NJIC and approved by the Partes. Approved Cty and Gulds of London Insttute courses nclude:- Cty and Gulds H&V Fttng 337 (untl 1969) Cty and Gulds H&V Fttng 618 (untl 1975) Cty and Gulds H&V Fttng 597 (untl 1991) Cty and Gulds H&V Fttng 604 (untl ntroducton of NVQ s/svq s) Cty and Gulds Gas Fttng 598; or have already been employed as a tradesman n the ndustry, wthn the terms of the Natonal Agreement on 24 February 1969, or have already been employed as a Ductwork Erector n the ndustry (wthn the terms of the Natonal Agreement as at 19 October 1997). Before 31 May 1999 v A Craftsman shall have one of the qualfcatons as documented at clause n the substantve body of Clause 6; havng attaned formal accredtaton for the sklls and experence n accordance wth the followng requrements:-

10 NVQ/SVQ Level 2 and/or 3 H&V Industral and Commercal Installaton NVQ/SVQ Level 2 and/or 3 H&V Industral and Commercal Installaton HVCA Interm Certfcate and/or NVQ/SVQ Level 3 H&V Ductwork Installaton Clause j - Senor Craftsman APPENDIX 2 Weldng Qualfcatons In order to progress from the Craftsman grade to the Senor Craftsman grade, an employee must meet all the prevously establshed crtera and must, n addton, hold (and mantan) a current certfcate of competence n at least one weldng skll. A Craftsman meetng the other crtera for progresson, but not holdng a weldng certfcate, wll not be allowed to progress to the Senor Craftsman grade, but wll reman as a Craftsman untl such tme as he gans a current weldng certfcate. Payment for the frst weldng skll s ncorporated nto the basc hourly rate for the Craftsman and Senor Craftsman grades. Ths covers all exstng Craftsmen and Senor Craftsmen, rrespectve of whether they actually undertake weldng or not. The NVQ/SVQ Level 3 n H&V Installaton ncludes an optonal weldng unt, whch means that all employees completng ths qualfcaton (ncludng the weldng unt), and subsequently becomng a Craftsman, wll be able to weld. However, t s recognsed there wll be a szeable number of employees who have completed a qualfcaton enttlng them to Craftsman status, but who ganed ther qualfcaton at a tme before weldng was formally ncorporated nto the qualfcaton. It s qute possble that some of these people have never undertaken weldng tranng, nor held a certfcate of weldng competence, but followng consoldaton of the weldng supplements nto basc rates they are pad the same as a Craftsman or Senor Craftsman who actually does undertake weldng. Employers not requrng weldng sklls It s recognsed by the Partes that Employers n some sectons of the H&V ndustry may not requre ther Senor Craftsmen to weld. In these crcumstances, a Craftsman may progress to Senor Craftsman status wthout holdng a weldng certfcate (provded that he meets the other crtera for progresson) as long as the employer expressly states that weldng competence s not requred. A Senor Craftsman shall retan hs grade as a Senor Craftsman whle n the employment of the employer re-gradng hm and when movng to any subsequent employer. However, where a Senor Craftsman moves from a prevous Employer, who had allowed the ndvdual to attan that gradng by expressly statng that weldng competence was not requred, to a new Employer who does, the Senor Craftsman, where feasble, must undertake such tranng as requred to acqure and subsequently mantan the certfcate of weldng competence, n order to retan hs Senor Craftsman gradng, n hs new employment. Clause k - Foreman Pror to June 2005 the approved qualfcaton requred as a recognsed parallel route to demonstratng the capabltes requred of a foreman was NVQ/SVQ Level 3 Buldng Servces Engneerng Supervson. Informaton about Former Grade Defntons Detals of former grade defntons are obtanable from ether of the Partes, by wrtng or telephonng the relevant body shown at Appendx J.

11 Ths page s delberately blank

12 HVCA Heatng and Ventlatng Contractors Assocaton Esca House 34 Palace Court London W2 4JG Tel: Fax: e-mal: webste:

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