Common use of Work on Scheduled RDOs Circumstances Clause in Contracts

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a project. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weather, matters not necessarily the fault of the Employer which has led to the project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult with the affected Employees within a reasonable timeframe; (ii) Determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to notify the Union or other chosen representative of the Employee/s in writing (fax or email) prior to the RDO that work will be performed. The attached notification form (Appendix J) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 calendar days prior to the RDO in question. (e) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (f) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate prescribed in this Agreement for the Employees’ classification. (g) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 of this Agreement.

Appears in 28 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Subcontractors Concrete Sawing and Drilling Enterprise Agreement

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Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a project. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weather, matters not necessarily the fault of the Employer which has led to the project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult with the affected Employees within a reasonable timeframe; (ii) Determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to notify the Union or other chosen representative of the Employee/s in writing (fax or email) prior to the RDO that work will be performed. The attached notification form (Appendix J) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 calendar days prior to the RDO in question. (e) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (f) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate prescribed in this Agreement for the Employees’ classification. (g) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 37.8 of this Agreement.

Appears in 27 contracts

Samples: Subcontractors Cladding Installation Enterprise Agreement, Enterprise Agreement, Subcontractors Concrete Placement Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project Project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a projectProject. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weatherInclement Weather, matters not necessarily the fault of the Employer which has led to the project Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult consult with the affected Employees and the Union within a reasonable timeframe; (ii) Determine determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to Employer will notify and agree with the Employees and their Union or other chosen representative of the Employee/s in writing (fax or email) via email prior to the RDO that when work will needs to be performed. The attached notification form (Appendix JI) may be used for this purpose. Affected Employees will be entitled to meet with their Union Representative for the purpose of consulting about works to occur on a scheduled RDO. The attached notification form (Appendix I) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 nine (9) calendar days prior to the RDO in question. (e) . An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (fe) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (gf) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 39.9 of this Agreement.. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause

Appears in 19 contracts

Samples: Subcontractors Concrete Placement Enterprise Agreement, Subcontractors Formwork Enterprise Agreement, Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a project. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weather, matters not necessarily the fault of the Employer which has led to the project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult with the affected Employees within a reasonable timeframe; (ii) Determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to notify the Union or other chosen representative of the Employee/s in writing (fax or email) prior to the RDO that work will be performed. The attached notification form (Appendix J) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 calendar days prior to the RDO in question. (e) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (f) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate prescribed in this Agreement for the Employees’ classification. (g) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 37.9 of this Agreement.

Appears in 10 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project Project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a projectProject. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weatherInclement Weather, matters not necessarily the fault of the Employer which has led to the project Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult consult with the affected Employees and the Union within a reasonable timeframe; (ii) Determine determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to Employer will notify and agree with the Employees and their Union or other chosen representative of the Employee/s in writing (fax or email) via email prior to the RDO that when work will needs to be performed. The attached notification form (Appendix JI) may be used for this purpose. Affected Employees will be entitled to meet with their Union Representative for the purpose of consulting about works to occur on a scheduled RDO. The attached notification form (Appendix I) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 nine (9) calendar days prior to the RDO in question. (e) . An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (fe) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (gf) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 39.9 of this Agreement. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause (c) rates of pay will be in accordance with subclause (e). (g) For the avoidance of doubt notwithstanding that casual Employees do not accrue RDO’s, any work performed by a casual Employee on an RDO will be paid at the appropriate penalty rates for full time employees plus casual loading.

Appears in 8 contracts

Samples: Subcontractors Formwork Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project Project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a projectProject. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weatherInclement Weather, matters not necessarily the fault of the Employer which has led to the project Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult consult with the affected Employees and the Union within a reasonable timeframe; (ii) Determine determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to Employer will notify and agree with the Employees and their Union or other chosen representative of the Employee/s in writing (fax or email) via email prior to the RDO that when work will needs to be performed. The attached notification form (Appendix JI) may be used for this purpose. Affected Employees will be entitled to meet with their Union Representative for the purpose of consulting about works to occur on a scheduled RDO. The attached notification form (Appendix I) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 nine (9) calendar days prior to the RDO in question. (e) . An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (fe) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (gf) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 38.9 of this Agreement.. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause

Appears in 6 contracts

Samples: Subcontractors Rigger/Steel Erector Enterprise Agreement, Subcontractors Non Destructive Digging Enterprise Agreement, Subcontractors Traffic Control Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) : to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) or because of unforeseen delays to a particular project Project or a section of it; or (iii) or for other reasons arising from unforeseen or emergency circumstances on a projectProject. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weatherInclement Weather, matters not necessarily the fault of the Employer which has led to the project Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult with the affected Employees within a reasonable timeframe; (ii) Determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to notify the Union or other chosen representative of the Employee/s in writing (fax or email) prior to the RDO that work will be performed. The attached notification form (Appendix J) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 nine (9) calendar days prior to the RDO in question. (e) . An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to:: Applicable Rates for Work on Scheduled RDOs (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (fe) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (gf) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 38.9 of this Agreement. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause (c) rates of pay will be in accordance with subclause (e). (g) For the avoidance of doubt notwithstanding that casual Employees do not accrue RDO’s, any work performed by a casual Employee on an RDO will be paid at the appropriate penalty rates for full time employees plus casual loading.

Appears in 5 contracts

Samples: Subcontractors Contract Scaffolding Enterprise Agreement, Subcontractors Scaffold Yard Enterprise Agreement, Subcontractors Contract Scaffolding Enterprise Agreement

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Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project Project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a projectProject. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weatherInclement Weather, matters not necessarily the fault of the Employer which has led to the project Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult consult with the affected Employees and the Union within a reasonable timeframe; (ii) Determine determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to Employer will notify and agree with the Employees and their Union or other chosen representative of the Employee/s in writing (fax or email) via email prior to the RDO that when work will needs to be performed. The attached notification form (Appendix JI) may be used for this purpose. Affected Employees will be entitled to meet with their Union Representative for the purpose of consulting about works to occur on a scheduled RDO. The attached notification form (Appendix I) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 nine (9) calendar days prior to the RDO in question. (e) . An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (fe) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (gf) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 38.9 of this Agreement. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause (c) rates of pay will be in accordance with subclause (e). (g) For the avoidance of doubt notwithstanding that casual Employees do not accrue RDO’s, any work performed by a casual Employee on an RDO will be paid at the appropriate penalty rates for full time employees plus casual loading.

Appears in 2 contracts

Samples: Subcontractors Post Tensioning Enterprise Agreement, Subcontractors Traffic Control Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. Examples of where work may take place include, but are not limited to, the following: (i) to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) because of unforeseen delays to a particular project or a section of it; or (iii) for other reasons arising from unforeseen or emergency circumstances on a project. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weather, matters not necessarily the fault of the Employer which has led to the project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult with the affected Employees within a reasonable timeframe; (ii) Determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to notify the Union or other chosen representative of the Employee/s in writing (fax or email) prior to the RDO that work will be performed. The attached notification form (Appendix J) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 calendar days prior to the RDO in question. (e) An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to: (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (f) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate prescribed in this Agreement for the Employees’ classification. (g) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 36.9 of this Agreement.

Appears in 1 contract

Samples: Enterprise Agreement

Work on Scheduled RDOs Circumstances. (a) Work may take place on a scheduled RDO by agreement between the Parties to this Agreement or on any substituted day where it is required by the Employer and such work is necessary to meet operational requirements, manage its business and/or improve productivity. productivity subject to the below procedure. (b) Examples of where work may take place include, but are not limited to, the following: (i) : to allow other Employees to be employed productively, to carry out out-of-hours maintenance; or (ii) or because of unforeseen delays to a particular project Project or a section of it; or (iii) or for other reasons arising from unforeseen or emergency circumstances on a projectProject. Such requirement must be based on genuine circumstances. (b) For the avoidance of doubt, unforeseen or emergency circumstances include, but are not limited to: excessive periods of inclement weatherInclement Weather, matters not necessarily the fault of the Employer which has led to the project Project being delayed or behind schedule, the requirement to meet the Employer’s work program and unexpected delays in the project Project due to scheduling of other works or supply of materials, or work that cannot be performed on other days because of municipal council restrictions, or other relevant laws or regulations. Such requirement must be based on genuine circumstances. (c) Where the Employer requires work to be performed on a Scheduled RDO (or any substituted day) because of the existence of any of the above, it will: (i) Consult with the affected Employees within a reasonable timeframe; (ii) Determine that affected Employees agree to work on the Scheduled RDO; and (iii) Provide affected Employee/s the opportunity to notify the Union or other chosen representative of the Employee/s in writing (fax or email) prior to the RDO that work will be performed. The attached notification form (Appendix J) may be used for this purpose. (d) The Employer is committed to providing as much notice as is reasonably practicable of a requirement to work. Wherever possible, the process outlined above will occur at least 9 nine (9) calendar days prior to the RDO in question. (e) . An Employee may refuse to work on a scheduled RDO (or any substituted day) if the requirement to do so is plainly unreasonable having regard to:: Applicable Rates for Work on Scheduled RDOs (i) the hours of work that will be worked by that Employee in the week of the scheduled RDO; (ii) the number of scheduled RDOs worked by the Employee within the previous six weeks; (iii) the Employee’s family responsibilities; and (iv) any other special circumstances peculiar to the Employee. (fe) An Employee required to work who has been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid at the ordinary hourly rate Employee’s Ordinary Rate prescribed in this Agreement for the Employees’ classification. (gf) An Employee required to work who has not been consulted with in accordance with the Procedure, in addition to accrued entitlements, will be paid as if they were undertaking Public Holiday Work in accordance with clause 36.8 38.9 of this Agreement.. For the avoidance of doubt, where the Employer has consulted with the Union in accordance with subclause

Appears in 1 contract

Samples: Subcontractors Contract Scaffolding Enterprise Agreement

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