AN120089 – Building and Construction Industry (State) Award
28.1 There shall be a cessation of work and of working time, for the purpose of a meal on each day, of not less than 30 minutes, to be taken between noon and 1 p.m.
28.1.1 Variation of Meal Breaks Provided further that where, because of the area of location of a project, the majority of on-site employees on the said project request, and Site Management agrees to the request, the period of the meal break may be extended to not more than forty five minutes with a consequential adjustment to the daily time of cessation of work, subject to the following procedure being observed:
(a) The employer shall, within 24 hours from when they reach agreement with their employees, notify by letter, facsimile or email, the unions registered to represent all the occupations they have working on the site (and who have reached agreement with the employer) of the site decision to vary the meal break.
(b) The employer shall also inform any registered organization of employers to which he belongs (and which is respondent to this award) of this agreement.
(c) A period of 5 ordinary working days shall be allowed to pass from the day on which the employer informs the unions, before the agreement is implemented.
(d) Such an agreement shall be put into effect after passage of the 5 days' period of notice unless a party to the award with membership involved in the agreement refers the matter to the Industrial Relations Commission of New South Wales, in which event the agreement will not be implemented until a decision is made by the Industrial Relations Commission of New South Wales or a further period of 5 ordinary working days has passed, whichever is the shorter.
28.1.2 Working with toxic materials Where an employee is using toxic materials and such work continues to the employees meal break the employee shall be entitled to take washing time of ten minutes immediately prior to the meal break. Where this work continues to the ceasing time of the day or is finalised at any time prior to the ceasing time of the day, washing time of ten minutes shall be granted. The washing time break or breaks shall be counted as time worked.
28.2 Rest periods and crib time
28.2.1 There shall be allowed, without deduction of pay, a rest period of 10 minutes between 9 a.m. and 11 am.
28.2.2 Provided that in lieu of the above the following shall apply: Bridge and wharf carpenters shall be entitled to a break for tea of ten minutes duration both in the morning and afternoon.
28.2.3 When an employee is required to work overtime after the usual ceasing time for the day or shift for two hours or more, they shall be allowed to take, without deduction of pay, a crib time of 20 minutes in duration immediately after ceasing time and thereafter, after each four hours of continuous work, they shall be allowed to take also without deduction of pay, a crib time of 30 minutes in duration. In the event of an employee remaining at work after the usual ceasing time without taking the crib time of 20 minutes and continuing at work for a period of two hours or more, they shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.
For the purposes of this subclause "usual ceasing time" is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 27 or clause 30.9 of this award.
28.2.4 Where shift work comprises three continuous and consecutive shifts of eight hours each per day, inclusive of time worked for accrual purposes as prescribed in clause 30.9, of this award, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this award.
28.2.5 The provision of clauses 28.2.1, 28.2.2 and 28.2.3 of this award, shall not be applicable to the case of an employee who is allowed the rest periods prescribed by clauses 25.2 and 25.3, of this award.
28.2.6 An apprentice who has worked continuously (except for meal or crib times allowed by this award) for twenty hours shall not be required to continue at or recommence work for at least twelve hours.
