AN120518 – Superior Walls & Ceilings Pty Ltd/CFMEU Enterprise Award Expiring 30 March 2008

21. HOURS OF WORK/ROSTERED DAYS OFF

21.1 Hours of Work

Consistent with the objectives of this Award, the parties have agreed to organise the hours of work to suit the requirements of the industry whilst also giving the Company and Employees greater flexibility in organising their rostered days off (RDOs). Except as provided elsewhere in the Parent Award, the ordinary working hours shall be Monday to Friday 8 hours per day 36 hours per week.

Work will be performed between 6.00 am and 6.00 pm. Where agreement is reached with the relevant Employees, a 5.00 am start may be introduced (with subsequent meal and crib time adjustments) to allow for daylight saving and special project requirements.

21.2 Rostered Days Off

The ordinary working hours shall be worked in a 20 day cycle, Monday to Friday inclusive, with 8 hours worked for each of 19 days with 0.8 of an hour accruing for paid rostered days off (RDOs). The accrual applies on all ordinary days worked (except RDOs) and paid leave. A rostered day off shall be taken as provided below and travelling allowance in accordance with Clauses 38.1.4, 38.2 and 38.3 of the Parent Award, shall be paid on this day.

b) The following is agreed in respect of rostered days off:

ii) Subject to 21.(2 b) (v), agreement shall be reached by the Company and Employees as to which day shall be taken as a rostered day off when such entitlement is due. It is agreed a Company roster system may apply.

iii) RDOs may be banked to a maximum of six (6) days in any 12 month period. These RDOs may be taken as a group of consecutive days or any other combination as may be agreed.

iv) Any disputes arising from this clause shall be resolved through the dispute settlement procedure of this Award.

v) Where more than one (1) accrued RDO is to be taken on consecutive working days, application for such paid leave shall be sought giving a reasonable period of notice.

vi) It is recognised that there is merit in programming no work on the RDOs adjacent to public holiday weekends during the working year. This will allow the management and Employees of the Company to have quality paid leisure time. Work is prohibited on the following public holidays, weekends and agreed RDOs adjacent to Australia Day, Easter Friday, Easter Monday, Anzac Day, Queens Birthday, Labour Day and Union Picnic Day.

vii) Where there is an agreed emergency or a special client need and subject to the agreement of applicable Employees and the written agreement of the Secretary of the Union or nominee, limited work may be undertaken on the No Work weekends and adjacent fixed RDOs. Unless impracticable the Company will give the Union 7 days notice of any such need for work so as to ensure appropriate consultation.

viii) Employees shall use the additional RDO accruals arising from the introduction of the 36 hour week to a maximum of 14.4 hours for payment of the No Work Saturdays. Attached hereto as Appendix E is the 2005-2008 Leisure Days and Public Holidays calendar. Employees shall only be entitled to payment of one (1) fare allowance on any paid no work Saturday.

ix) A new Employee will be eligible for an RDO after achieving 7.2 hours RDO accrual. However, a new Employee will be eligible to use lesser RDO accruals for the Saturdays and adjacent fixed RDOs nominated as no work public holiday/RDO weekends.

x) Employees will be paid all unpaid RDO accruals on termination.

xi) This clause also applies to apprentices. Such apprentices will be paid an additional 0.4 of an hours pay for each ordinary day worked or on paid leave.

21.3 Overtime

a) The parties to this Award recognise that excessive overtime is of detriment to personal, family and community life and can jeopardize workplace safety. The Company and the workforce shall develop guidelines during the life of this Award to limit excessive overtime.

b) The Company may require an Employee to work reasonable overtime. Reasonable overtime will be determined having regard to:

i) Any risk to Employee health and safety;

ii) The Employees personal circumstances including family responsibilities;

iii) The need of the workplace or enterprise;

iv) The notice (if any) given by the Company of the overtime and by the Employee of his/her intention to refuse it e.g. rostered overtime, particularly when the roster has been agreed in advance;

v) Any other relevant matter.