AP815828CRV - Australian Workers' Union Construction and Maintenance Award 2002
PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK
27. HOURS OF WORK - DAY WORKERS
27.1 Ordinary hours
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 a.m. and 6.00 p.m. Monday to Friday inclusive.
27.2 Rostered day off (RDO)
The ordinary hours shall be worked within a four week cycle of nineteen working days each of eight hours and one rostered day off. 24 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.
27.3 Alternative RDO
By agreement in writing between an employer and his/her 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.
27.4 Special circumstances
Where special circumstances exist and where the majority of employees and the employer agree that it is not practicable for the foregoing four week cycle to operate, agreement may be reached between the majority of employees and the employer on such other method of arranging working hours so that the average ordinary hours worked in any one week do not exceed 38.
27.5 RDO falling on public holiday
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/her employees.
27.6 Programming of RDO's
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.
27.7 Banking of RDO's
27.7.1 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.
27.7.2 Provided that in Western Australia, by agreement between an employer and an employee, up to six RDO's may be banked by that employee in any one year and taken later in the year at a mutually agreed time or times. Provided further, that the employer shall notify the AWU Branch Secretary in writing of any such agreement and of any alterations thereto.
27.8 Paid leave
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.
27.9 Pro rata accrued entitlements
An employee who has not worked or is not regarded by reason of 27.8 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.
27.10 Work on a RDO
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/her accrued entitlements, be paid at overtime rates for all work performed on the rostered day off.
27.11 Early start
27.11.1 Where it is agreed between the employer, the employees concerned, the working day may begin at 6.00 a.m. or at any other time between 6.00 a.m. and 7.00 a.m., and the ordinary hours shall then begin to run from the time so agreed, with a consequential adjustment to the meal cessation period.
27.11.2 Provided that in Western Australia, by agreement between the employer, the employees concerned, the working day may begin at 5.00 a.m. during the months 1 October to 31 March.
27.12 Hours of work – part-time employees
27.12.1 This clause shall only apply in respect of the operation of clause 35 of this award.
27.12.2 Notwithstanding the provisions of this clause and 28 – Shift work of this award, an employee working on a part-time basis pursuant to the provisions of clause 35 – Parental leave of this award 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 rostered day off.
27.12.3 An employer and employee may agree that the part-time employee accrues time towards a rostered day off as provided by this clause and 28 – Shift work of this award. In such instances the part-time employee shall accrue pro rata entitlements to rostered days off in accordance with 27.2 hereof as appropriate.
27.12.4 The actual ordinary hours of part-time work shall be arranged or varied as applicable by mutual agreement between the employer and the employee.
27.13 Work up time
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 majority of employees, 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 27.2 hereof.
27.14 Shaft or trench sinkers, etc.
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.
27.15Work in compressed air
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.
27.16 Washing time
Five minutes shall be allowed before lunch and before finishing time to enable employees to wash and put away gear.
