There is some confusion among building industry participants about whether or not sites can operate on rostered days off (RDOs) and designated leisure days which form part of a long weekend.
If an employee is covered by a collective agreement or award that provides for RDOs and long weekends, the employer must adhere to the agreement. In these circumstances an employee has a right to not work on an RDO or designated leisure day.
Failure to comply with an agreement may breach the Workplace Relations Act 1996 (WR Act). An agreement may provide an arrangement to allow an employee to work on an RDO or leisure day. Such an arrangement usually depends on agreement between the parties, including a union if it is a party to the collective agreement.
Employees not covered by a collective agreement or award stipulating that certain days cannot be worked are permitted to work on RDOs and leisure days, regardless of whether the employee is a union member.
Right of entry (ROE) requirements apply on RDOs and leisure days. For union organisers to gain entry for reasons other than safety* they must:
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hold a valid federal permit;
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provide at least 24 hours written notice of entry;
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show their permit and notice of entry on request; and
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comply with all other stipulated conditions relating to entry.
*Note: ROE for OHS purposes is governed by state and territory legislation.
If any of the above are not met, site occupiers have a right to refuse entry to the site or, if already on site, request the organiser to leave. For more information on ROE please see ‘Right of Entry for Workplace Relations Purposes’ fact sheet or the ABCC’s newPocket Guide to Right of Entry on your Site.
Union officials should consult the ABCC’s fact sheet ‘Right of Entry - Federal Union Officials -What to do when visiting a site’ for further information.