AN120089 – Building and Construction Industry (State) Award

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 

27. HOURS OF WORK

27.1 Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week, worked between 7.00 a.m. and 6.00 p.m., Monday to Friday, in accordance with the following procedure.

27.2 Hours of work and rostered days off

27.2.1 The ordinary working hours shall be worked in a 20-day 4-week cycle, Monday to Friday inclusive, with eight hours worked for each of nineteen days and with 0.4 of an hour on each of those days accruing towards the twentieth day, which shall be taken as a paid day off. The twentieth day of that cycle shall be known as the rostered day off and shall be taken as outlined in 27.2.2 to 27.2.5 hereof. Payment on such a rostered day off shall include accrued entitlement to the allowances prescribed in 38.1(a), (c) and 38.2 of this award.

27.2.2 A rostered day off shall be taken on the fourth Monday in each four-week cycle, except where it falls on a public holiday, in which case the next working day shall be taken in lieu.

27.2.3 Before October each year the parties will meet to programme the RDOs for the following year, ensuring that they coincide with the public holidays to the greatest extent practicable.

27.2.4 Agreement on alternate RDOs

(a) Where an employer, who is not a party to an industry agreement dealing with rostered days off, and a majority of employees at an enterprise agree, another day may be substituted for the nominated industry rostered day off.

(b) Where there are union members employed at the enterprise, and the majority of the members request it, the consent of the State Branch of the union shall be obtained at least five days prior to the alternate RDO being implemented.

(c) Where there is a dispute in relation to an alternate RDO, the matter may be determined in accordance with clause 11, Settlement of Disputes.

27.2.5 Agreement on banking of RDOs

(a) Where employees are employed on distant work covered by clause 37 of this award, an employer (who is not a party to an industry agreement dealing with RDOs) and a majority of those employees on distant work may agree to accrue up to five RDOs for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer or subject to reasonable notice by the employee.

(b) Where there are union members employed at the enterprise, and the majority of the members request it, the consent of the State Branch of the union shall be obtained at least five days prior to its introduction.

(c) Where there is a dispute in relation to the operation of this subclause, the matter may be determined in accordance with subclause 11.1 of this award.

27.2.6 Provided further that thirteen rostered days are taken off by an employee for 12
months continuous service.

27.2.7 Each day of paid leave taken and any holiday (as prescribed in clause 36 of this award), occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

27.2.8 An employee who has not worked, or is not regarded by reason of paragraph 27.2.7 hereof as having worked a complete nineteen-day four week cycle, shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle, payable for the rostered day off, or in the case of termination of employment, on termination.

27.2.9 Except where agreement has been reached in accordance with 27.2.4 and 27.2.5 hereof, the prescribed RDO or any substituted day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, in addition to accrued entitlements, the employee shall be paid penalty rates and provisions as prescribed for Saturday work in clause 31, Weekend work.

27.3 Agreement on working other than the RDO cycle

27.3.1 Where an employer, who is not party to an industrial agreement dealing with rostered days off, and the majority of employees employed at a particular enterprise agree that due to the nature of an employers operations it is not practicable for the foregoing four week cycle to operate, they may agree to an alternate method of arranging working hours. Provided that the ordinary hours worked in any one week from Monday to Friday are within the spread of hours set out in 27.1 hereof, and that no more than eight ordinary hours are worked in any one day.

27.3.2 If the employees involved are members of the union then the employer shall notify the union.

27.4 Early starts By agreement between the employer, the employees the working day may start at 6.00 a.m. (5.00 a.m. in Queensland) or at any other time between that hour and 8.00 a.m. and the working time shall then begin to run from the time so fixed, with a consequential adjustment to the meal cessation period.

27.5 Hours of work part-time employees

27.5.1 This clause shall only apply in respect of the operation of clause 13.3 of this award.

27.5.2 Notwithstanding the provisions of clauses 27 and 30, an employee working on a part- time basis pursuant to the provisions of subclause 13.3 may be paid for actual hours worked and in such instances the employee shall not be entitled to accrue time towards a rostered day off, and further provided that such employee shall not work on the nominated industry rostered day off.

27.5.3 Provided further, an employer and employee may agree that the part-time employee accrues time towards a rostered day off as provided by clauses 27 and 30 of this award. In such instances the part-time employee shall accrue pro-rata entitlements to rostered days off in accordance with clause 27, of this award as appropriate.