New south wales industrial gazette

18. Deleted
19. Overtime
19.1 Payment for Working Overtime -
19.1.1 For all work done outside ordinary hours, including work on a leisure day (as prescribed by paragraph 17.6.3 of subclause 17.6, Systems of Ordinary Hours of Work, of clause 17, Hours of Work - Day Workers, except where such leisure day is substituted for another day, the rates of pay shall be time and one half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.
19.1.2 Except as provided in this subclause or subclause 19.2, Rest Period After Overtime, of this clause, in computing overtime each day's work shall stand alone.

19.2 Rest Period After Overtime -

19.2.1 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days: provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:
19.2.1.1 for the purpose of changing shift rosters; or
19.2.1.2 where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
19.2.1.3 where a shift is worked by arrangement between the employees themselves.
19.2.2 An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least the rest period off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.
19.2.3 If on the instructions of his/her employer such an employee resumes or continues work without having had such rest period of duty he/she shall be paid at double rates until he/she is released from duty for such rest period and he/she shall then be entitled to be absent until he/she has had the rest period off duty without loss of pay for ordinary time occurring during such absence.
19.3 Recall to work -
19.3.1 An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours' work or where the employee has been paid for standing by in accordance with subclause 19.5 standing by, of this clause, shall be paid for a minimum of 3 hours' work at the appropriate rate for each time he/she is so recalled.
19.3.2 Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.
19.3.3 This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
19.3.4 Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause 19.2, Rest Period After Overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.
19.4 Saturday work -
19.4.1 An employee required to work after midday on a Saturday shall be paid double time rate for such work.
19.4.2 A day worker required to work overtime on a Saturday shall be afforded at least 4 hours' work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.
19.4.3 Where an employee works overtime which ceases at or after 4.00 am on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift workers.
19.5 Standing By - subject to any custom now prevailing under which an employee is required regularly to hold himself in readiness for a call back, an employee required to hold himself in readiness to work after ordinary hours shall until released be paid standing by time at ordinary rates for the time from which he/she is so told to hold himself in readiness.
19.6 Crib Time -
19.6.1 An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked if the employee continues work after such crib time. Provided that where a day worker on a five day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 am and 1.00 pm be paid at ordinary rates.
19.6.2 Unless the period of overtime is less than 1 1/2 hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
19.7 Requirement to Work Reasonable Overtime - It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the Industry.
19.8 Meal Allowance, &c -
19.8.1 An employee required to work overtime for more than 1 1/2 hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 4 of Table 4 of Part B for the first meal and for each subsequent meal.
19.8.2 Unless the employer advised an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.
19.8.3 If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.
19.9 Transport of Employees - when an employee, after having worked overtime, or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide him with a conveyance to his/her home or pay him his/her current wage rate for the time reasonably occupied in reaching his/her home.
19.10 Meal Breaks -
19.10.1 Maximum period without meal break - an employee shall not be compelled to work for more than 5 hours without a break for a meal.
19.10.2 Payment for work in meal breaks - subject to paragraph 19.10.3 of this subclause, for work done during meal hours and thereafter until break is allowed time and a half rates shall be paid.
19.10.3 Regular Maintenance Person - subject to the provisions of paragraph 19.10.1 of this subclause, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so, for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle; provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provisions of paragraph 19.10.2 of this subclause shall apply.
20. Holiday and Sunday Work
20.1 Holidays
20.1.1 Prescribed Holidays
20.1.1.1 An employee on weekly hiring shall be entitled, without loss of pay, to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Six Hour Day (or Labour Day), Christmas Day, Boxing Day or such other day as is generally observed in the locality as a substitute for any of the said days respectively, and/or proclaimed or gazetted holiday throughout the State.
20.1.1.2 By mutual agreement between an employer and employee, other days may be substituted for the said days or any of them as to such employer's undertaking.
20.1.2 Payment for Work on a Holiday
20.1.2.1 An employee not engaged on continuous work shall be paid at the rate of double time and a half for work on a public holiday, such double time and a half to continue until he/she is relieved from duty.
20.1.2.2 An employee required to work on a holiday shall be paid for a minimum of 4 hours' work at double time and a half.
20.1.3 Absence Before or After a Holiday: An employee shall not be entitled to payment for a holiday if he/she is absent from work:
20.1.3.1 Without reasonable excuse; or
20.1.3.2 Without the consent of his/her employer;
on the ordinary working day before or the ordinary working day after a holiday.
20.2 Industry Picnic Day
20.2.1 Prescribed Holiday: In addition to holidays prescribed in subparagraph 20.1.1.1, an additional public holiday to be known as an industry picnic day shall apply to weekly hire employees. It shall be observed on the first Monday in December each year.
20.2.2 Granting of Holiday
20.2.2.1 All employees in the construction industry to whom this section applies shall, as far as practicable, be given and shall take this industry picnic day without loss of pay.
20.2.2.2 In respect of all other employees to whom 20.2 applies, any other day may be substituted for the industry picnic day by mutual agreement between any employer and employee.
20.2.3 Payment for Work on Picnic Day
20.2.3.1 An employee who is required to work on the industry picnic day or the day substituted therefore shall be paid at the rate of double time and a half, such rate to continue until he/she is relieved from duty.
20.2.3.2 An employee required to work on the industry picnic day, or the day substituted therefore shall be paid for a minimum of 4 hours work at double time and a half.
20.2.4 Absence Before or After Industry Picnic Day: An employee shall not be entitled to payment for the industry picnic day or the day substituted therefore if he/she is absent from work:
20.2.4.1 Without reasonable excuse; or
20.2.4.2 Without the consent of his or her employer;
on the ordinary working day before or the ordinary working day after the industry picnic day or substituted therefore.
20.2.5 Evidence of Attendance at The Industry Picnic Day: An employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of the employee's picnic ticket shall be sufficient evidence of such attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.
20.3 Sundays - Payment for Work on Sundays:
20.3.1 An employee who works on a Sunday, shall be paid at the rate of double time for such work, such double time to continue until he/she is relieved from duty.
20.3.2 An employee required to work on a Sunday shall be paid for a minimum of 4 hour's work at double time.
20.4 General
The following shall have application to all other sections of this Clause:
20.4.1 Rest Period After Holiday or Sunday Work: An employee, not engaged on continuous work, who works on a holiday or a Sunday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time occurring during such absence.
20.4.2 Meal Allowance - Holidays and Sundays:
20.4.2.1 An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set in Item 4 of Table 4 - Expense Related Allowances of Part B, Monetary Rates, for the meal taken during his/her first crib break and during each subsequent crib break. Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.
20.4.2.2 An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in 20.4.2.1 of this clause for meals which he/she has provided but which are surplus.
20.4.3 Holidays to be Paid on Termination of Employment:
20.4.3.1 An employer who terminates the employment of an employee engaged on weekly employment on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, shall pay the employee his/her ordinary wages for each holiday in a group as prescribed in 20.4.3.2, which falls within 10 consecutive days on and from the date that notice of termination is given.
20.4.3.2 For the purpose of this award, the following shall be the holidays in a group:
20.4.3.2.1 Christmas Day, Boxing Day, New Year's Day and additional holidays gazetted in connection with those days.
20.4.3.2.2 Good Friday, Easter Saturday (where it is applicable as a holiday for the employee), Easter Monday and additional holidays gazetted in connection with those days.
20.4.3.3 Where the first day of the group of holidays falls within 10 consecutive days on and from the date that notice of termination is given, the whole group shall be deemed to fall within 10 days.
20.4.3.4 An employee shall not be entitled to receive payment from more than one employer in respect of the same holiday or group of holidays.
An employee shall, on request by his/her employer, make a statutory declaration or other written statement satisfactory to his/her new employer, of the payments made by any other employer for the holidays referred to in this subsection where any of such holidays occurs within 10 consecutive days after the commencement of his/her employment with that employer.
20.4.3.5 An employee shall not be entitled to the payment referred to in 20.4.3.1 for the holidays prescribed by 20.4.3 where his/her employer dismisses him/her without notice for malingering, inefficiency, neglect of duty or misconduct in accordance with the provisions of 11.1.2.4, of clause 11, Contract of Employment.
20.4.4 Maximum Period without Meal Break: An employee shall not be compelled to work for more than 5 hours without a break for a meal.
21. Shift Work
21.1 Definitions - For the purposes of this clause:
21.1.1 "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
21.1.2 "Continuous Work" means work carried on with consecutive shifts of employee’s throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
21.1.3 "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00am.
21.1.4 "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice.
21.2 Hours - Continuous Work Shifts: This subclause shall apply to shift workers on continuous work as hereinbefore defined.
21.2.1 The weekly ordinary hours of shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days. Provided that a shift cycle may differ from that prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.

21.2.2 Subject to the following conditions such shift workers shall work at such times as the employer may require:

21.2.2.1 A shift shall consist of not more than 8 hours, inclusive of crib time;
21.2.2.2 except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours;
21.2.2.3 20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked:
21.2.2.4 an employee shall not be required to work for more than 5 hours without a break for a meal.
21.3 Hours - Other Than Continuous Work -
21.3.1 This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.
21.3.2 The weekly ordinary hours of work shall be an average of 38 hours per week, the average hours per week being calculated over a shift cycle.
21.3.3 The weekly ordinary hours of work shall be arranged in accordance with one of the following shift cycles:
38 hours within a period not exceeding 7 consecutive calendar days; or
76 hours within a period not exceeding 14 consecutive calendar days; or
114 hours within a period not exceeding 21 consecutive calendar days; or
152 hours within a period not exceeding 28 consecutive calendar days.
21.3.4 Subject to the following conditions such shift workers shall work at such times as the employer may require:
21.3.4.1 A shift shall not exceed 8 hours of ordinary time work. Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the union.
21.3.4.2 Such ordinary hours shall be worked continuously except for meal break at the discretion of the employer.
21.3.4.3 Except at the regular change over of shifts an employee shall not be required to work more than one shift in each 24 hours.
21.3.4.4 An employee shall not be required to work for more than 5 hours without a break for a meal.
21.4 Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
21.5 Variations by Agreement - The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.
The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by 7 days' notice of alteration given by the employer to the employees.

21.6 Afternoon or Night Shift Allowances -

21.6.1 A shift worker whilst on afternoon or night shift shall be paid for such shifts 15 per cent more than his/her ordinary rate.
21.6.2 A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights shall be paid for each such shift 50 per cent for the first 2 hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.
21.6.3 An employee who, during a period of engagement on shift:
21.6.3.1 works night shift only; or
21.6.3.2 remains on night shift for a longer period than 4 consecutive weeks; or
21.6.3.3 works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one third of his/her working time off night shift in each shift cycle,
21.6.4 Shall during such engagement, period or cycle be paid 30 per cent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.
21.7 Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause 21.6 of this clause.
21.8 Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:
21.8.1 if employed on continuous work be paid at the rate of double time; or
21.8.2 if employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter, except in each case when the time is worked:
21.8.2.1 by arrangement between the employees themselves; or
21.8.2.2 for the purpose of effecting the customary rotation of shifts; or
21.8.2.3 on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subparagraph 11.4.3 Standing Down of Employees, of subclause 11.4, General, of clause 11, Contract of Employment, of this award.
21.8.3 When not less than 7 hours 36 minutes notice has been given to the employer by a relief person that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.
21.9 Holiday and Sunday Work -
21.9.1 Payment for Work on a Holiday or a Sunday: Shift workers shall be paid for all time worked on a holiday or a Sunday at the rates prescribed by clause 20, Holiday and Sunday Work.

21.9.2 Rostered Off Duty - A shift worker whose ordinary rostered shift includes a holiday prescribed by the said clause 20, Holiday and Sunday Work, and who is rostered off duty on a holiday and who does not work shall:

21.9.2.1 be paid one day's pay additional to his/her weekly wage for each such holiday he/she is rostered off duty; or
21.9.2.2 in lieu of such payment and by mutual agreement with his/her employer he/she shall:
(1) have one additional day of annual leave; or
(2) be granted an ordinary working day off duty without loss of pay.
21.9.3 Holiday and Sunday Shifts - Where shifts commence between 11.00pm and midnight on a holiday or a Sunday, the time so worked before midnight shall not entitle the employee to the holiday or Sunday rate: Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday or Sunday and extending into a holiday or Sunday shall be regarded as time worked on such holiday or Sunday. Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.
21.10 Establishments, Projects, Undertakings - Notwithstanding the other provisions of this clause, where employees are working shift work in a project, undertaking or establishment in association with other employees, the applicable shift work provisions shall be those applying to the majority of such other employees working shift work.
22. Sick Leave
22.1 Entitlement to Sick Leave - An employee on weekly hiring who is unable to attend for duty during his/her ordinary working hours by reason of personal illness, or personal incapacity not due to his/her own wilful misconduct, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:
22.1.1 Subject to the provisions of the relevant Workers Compensation legislation, as amended from time to time, he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation;
22.1.2 He shall within 24 hours of the commencement of such absence inform his/her employer of his/her inability to attend for duty and as far as possible state the nature of his/her illness or incapacity, and the estimated duration of same;
22.1.3 He shall prove to the satisfaction of his/her employer (or, in the event of a dispute, of the Industrial Commission), that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed;
22.1.4 Subject to the provisions of subclause 22.2, Calculation of Sick Leave Entitlement, hereof, he/she shall not be entitled to leave in excess of the following:
22.1.4.1 After 3 months' continuous service with an employer; 24 hours of ordinary working time; provided that for any absence or absences not exceeding 24 hours during the first 3 months for which the employee would otherwise have qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this subclause, the employee shall be paid for such absence or absences upon the employee's application for payment after such 3 months.
Provided further that where at the commencement of employment it is agreed that the period of employment shall not exceed 3 months the employee shall be entitled to the provisions of this paragraph from the commencement of employment.

22.1.4.2 After 6 months' continuous service with that employer, an additional 16 hours of ordinary working time; provided that for any absence or absences not exceeding 40 hours during the first 6 months for which the employee would otherwise have qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this subclause, and subject to his/her having an untaken balance of sick leave standing to his/her credit, the employee shall be paid for such absence or absences upon the employee's application for payment after such 6 months;

22.1.4.3 on the anniversary date of his/her first and each subsequent year of service with that employer an additional 64 hours of ordinary working time.
22.2 Cumulative Sick Leave - Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph 22.1.4 of subclause 22.1, Entitlement to Sick Leave, of this clause, which has in any year not been allowed to an employee by an employer as paid sick leave, may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year: Provided that sick leave which accumulates shall be available to the employee for a period of 12 years from the end of the year in which it accrues.
22.3 More Favourable Sick Leave - subclause 22.1, Entitlement to Sick Leave, and 22.2, Cumulative Sick Leave, hereof, shall not apply to employees whose employers grant more favourable sick leave conditions that herein provided.