AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week worked in accord with the following provisions for a four week cycle:
16.1 The ordinary working hours shall be worked within a twenty day four week cycle of eight hours each day Monday to Friday inclusive between the hours of 6.00 a.m. and 6.00 p.m. with 0.4 of one hour of each such day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked.
16.1.1 Provided that by agreement in writing between an employer and his/her employees an alternate day in the four week cycle may be substituted for the fourth Monday as the day off paid as though worked, and where such agreement is reached all provisions of this award shall apply as if such day was the prescribed fourth Monday.
16.1.2 Provided further that 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 then agreement may be reached between the employees and the employer on such other method of arranging working hours so that the average ordinary hours worked in any one week does not exceed 38.
16.2 Where such fourth Monday or agreed rostered day prescribed by 16.1 falls on a public holiday as prescribed in clause 22 - Public holidays, the next working day shall be taken in lieu of the rostered day off unless an alternate day in that four week cycle or the next is agreed in writing between the employer and the employee.
16.3 Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.
16.4 An employee who has not worked or is not regarded by reason of 16.3 as having worked a complete twenty 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.
16.5 The accrued rostered day prescribed in 16.1 and 16.2 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 which case, in addition to accrued entitlements, the employees shall be paid the penalty rates prescribed by clause 18 - Overtime and related issues.
16.6 Meal break
There shall be a cessation of work and of working time for the purpose of a meal on each day, of not less than 45 minutes to be taken between noon and 1.00 p.m. Provided that by agreement at a particular location between the employer and the employees, the meal break may be shortened to not less than 30 minutes with a consequential adjustment to the daily time of cessation of work.
16.7 Spread of hours
The ordinary hours of work for cookhouse personnel and camp orderlies shall be 38 per week in accordance with 16.1 and the prescribed eight hours per day may be worked in broken work periods as required within a spread of thirteen hours.
16.8 Early start
16.8.1 Where it is agreed between the employer, his/her employees, the working day may begin at 5.00 a.m. 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.
16.8.2 Where special circumstances exist and a majority of employees desire to work longer hours on any day they may, subject to the consent of the employees, be permitted to do so without payment of any penalty rate provided the longer hours so worked do not exceed two on any one day and the prescribed working week does not exceed 38 ordinary hours.
16.8.3 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 similar work, the prescribed daily hours shall, on Monday to Friday inclusive, include crib time of half an hour to be counted as time worked.
16.8.4 As to Carters and Drivers and employees doing work directly ancillary to that of Carters and Drivers, the employer may require them to work according to the numbers and arrangement of working hours provided or permitted by the award of which the additional rates of pay are as applied under 12.4.
16.8.5 By not later than 1 October each year, and prior to publishing the next year's RDO's the employers in Western Australia will meet with the AWU Branch to programme the RDO's full calendar, and in doing so will ensure that RDO's fall together with public holidays prescribed by the award.
16.8.6 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 that the employer shall notify the AWU Branch Secretary in writing of any such agreement and of any alterations thereto.
16.9 Cylinder employees
The working hours and conditions of cylinder employees 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.
