Substitution of rostered day off a) By agreement, the Employer may substitute the day an employee is to take off in accordance with clause 12.6 for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.
b) For single day substitutions where required by the Employer in unique circumstances agreement between the Employee & Employer is required. This shall be capped at a maximum of 3 days per annum. For more than 3 days per annum there shall be agreement between the Parties.
c) An individual employee, with the agreement of the Employer, may substitute the day the employee is to take off for another day.
d) Any substitute day off must be taken either in the current RDO cycle or in the next succeeding RDO cycle. Where any employee, is entitled to a rostered day off during the employee’s work cycle and that day off falls on a public holiday, as prescribed in the NES, the next working day will be substituted as the day off unless an alternate day in that RDO cycle or the next succeeding RDO cycle is adopted by agreement between the Employer and the employee.
e) In this subclause reference to a day or working day may also be taken as reference to a part day or part working day as the case may be and is appropriate.
Substitution of rostered day off. The Employer may substitute the day an employee is to take off in accordance with clause 12.5.2 for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project. Provided that if a substitute day off is not granted, then the employee must be paid in addition to the payment for the day off at the appropriate overtime penalty rates provided for in this Agreement. An individual employee, with the agreement of the Employer, may substitute the day the employee is to take off for another day. Any substitute day off must be taken either in the current work cycle or in the next succeeding work cycle.Where any employee, is entitled to a rostered day off during the employee’s work cycle and that day off falls on a public holiday, as prescribed in the NES, the next working day will be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the Employer and the employee. In this subclause reference to a day or working day may also be taken as reference to a part day or part working day as the case may be and is appropriate.
