AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 16. HOURS OF WORK - DAY WORKERS
OPDATE 15:03:91 1st pp on or after

Ordinary hours

(a) Subject to the provisions of this clause, the ordinary hours of work for day workers shall be 38 per week and shall be worked between 7.00 am and 6.00 pm Monday to Friday inclusive.

Rostered day off

(b) The ordinary hours shall be worked within a four week cycle of nineteen working days each of eight hours and one rostered day off. Twenty four minutes of each day worked during a cycle shall accrue as an entitlement to take the fourth Monday as a rostered day off which shall be paid for as though worked.

Alternative RDO

(c) By agreement in writing between an employer and his employees an alternative working day in the cycle may be substituted for the fourth Monday as the rostered day off, and where such agreement is reached, all provisions of the award shall apply as if the substituted day were the prescribed fourth Monday.

Special circumstances

(d) Where special circumstances exist and where the union and the employer agree that it is not practicable for the foregoing four week cycle to operate, agreement may be reached between the union and the employer on such other method of arranging working hours so that the average ordinary hours worked in anyone week do not exceed 38.

RDO falling on public holiday

(e) Where the fourth Monday or agreed rostered day off falls on a public holiday prescribed by the award, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four week cycle or the next is agreed in writing between the employer and his employees.

Programming of RDO's

(f) Before October each year the parties at State level will meet to programme the RDO's for the following year ensuring that they are aligned with the public holidays to the greatest extent practicable.

Banking of RDO's

(g) By agreement between an employer and an employee, up to five rostered days off may be accumulated by that employee in any one year (January to December) and taken later in the year in not more than two groups of days at a mutually agreed time or times.

Paid leave

(h) Each day of paid leave taken and any public holiday occurring during any four week cycle shall be regarded as a day worked for accrual purposes. Pro rata accrued entitlements (i) An employee who has not worked or is not regarded by reason of subclause (h) hereof as having worked a complete four week cycle shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in that cycle. Such pro rata entitlements shall be payable for the rostered day off or, in the case of termination of employment, on such termination.

Work on a RDO

(j) The rostered day off prescribed by this clause shall be taken as a paid day off. Provided that the 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 or emergency circumstances on a project. In such cases the employee shall, in addition to his accrued entitlements, be paid at overtime rates for all work performed on the rostered day off.

Early start

(k) Where it is agreed between the employer, the employees concerned and the uni 7.00 am, and the ordinary hours shall then begin to run from the time so agreed, with a consequential adjustment to the meal cessation period.

Work up time

(l) Where special circumstances exist and a majority of employees desire to work more than eight ordinary hours on any day for the purpose of having a shorter working week, they may, subject to the consent of the employer and the consent of the union, be permitted to do so without payment of overtime rates, provided the longer hours so worked do not exceed two on any one day and the total ordinary hours do not exceed 38 in any week. All such ordinary hours worked in excess of eight per day shall be aggregated for the purposes of the accrued entitlements prescribed by subclause (b) hereof.

Shaft or trench sinkers, etc.

(m) Where shaft or trench sinkers or timbermen are working at a depth of over 1.8 metres and where employees are driving at any depth in a tunnel or are engaged on similar work, the prescribed ordinary hours shall include a daily crib time of half an hour which shall be counted as time worked.

Work in compressed air

(n) The working hours and conditions of employees working in compressed air shall be those as from time to time prescribed in the code of the Standards Association of Australia for work in compressed air, Part 1 Airlock Operations.