This article provides a comprehensive overview of the changes made to the Building and Construction General On-site Award (MA000020) - Civil Sector to ensure compliance with relevant Fair Work clauses.
If you have any customised rules within the award, it is important to note:
- Customised rules will not automatically update when you apply the award updates to your system.
- Review and understand any changes made to the award rules.
- Verify that your customised rules are not affected by these changes. If the changes do impact your customised rules, you will need to update them manually.
- To edit or add customised rules, award rules must first be unlocked. For step-by-step instructions, please refer to this article.
What's new
Below is a summary of the implemented updates and guidance for their application.
This all-purpose allowance must be paid for employee who perform work in lift industry (clause 42.2). A new tag “Lift Industry Allowance” has been created and will allow the rules for this allowance to apply to specific employees only. Please ensure relevant employees are assigned this tag.
This work type is introduced due to system limitations in determining whether the previous shift qualifies as overtime. If an employee works extensive overtime and has not had a minimum of 10 consecutive hours off duty between shifts, apply the "No rest period after overtime" work type to ensure any such hours are paid at 200% of the ordinary hourly rate.
- Default timesheet.
- The timesheet with this work type will apply the appropriate penalty rate for the hours worked.
- When an employee does not receive a minimum 10-hour break between shifts and works overtime during their current shift, all overtime hours under this work type must be paid at 200% of the ordinary hourly rate.
When an employee works through a meal break and continues into overtime during the current shift, all overtime hours must be paid at 200% of the ordinary hourly rate, instead of applying the standard overtime penalty.
- Without the "Work during meal break" work type, overtime will initially be paid at 150% of the ordinary hourly rate.
- With the "Work during meal break" work type, all overtime hours will be paid at 200% of the ordinary rate.
Ruleset changes
- The Stop processing unpaid leave rule has been removed because Leave Without Pay (LWOP) is considered part of working hours. It functions similarly to paid leave, with the key difference being unpaid.
- Automatic meal break: Adjusted to exclude Public Holiday not worked and leave work type.
- The allowance rules below have been deleted. These allowances are triggered directly by selecting these work types on timesheets
- 25.6(e) Weekend return home
- 25.6(b) Cost of transport and transporting tools
- 25.6(a) Travelling meal
- Minimum Shift Engagement rules: Adjusted to exclude Recalled to work overtime work type.
- Inclement Weather: Adjusted to remove Time worked without a break is greater than 5 hours condition to ensure Inclement Weather is paid accordingly.
- Maximum hour over period rules: updated to exclude the leave work types in preferred matches condition.
- Industry Allowance rules: updated to ensure this allowance applied minimum unit per shift including PH and Recalled to work overtime scenario.
- Follow the job loading rules: updated to ensure this loading applied minimum unit per shift.
- Air-conditioning industry and refrigeration allowance: updated to remove Daily hire tag and trigger by Air-conditioning industry and refrigeration industry allowances tag only.
- In charge of plant: updated to remove Daily hire tag and trigger by In charge of plants tag only.
Please ensure you have reviewed the impacted employees and that the correct relevant tags are assigned accordingly.
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Public Holiday: updated to remove Public Holiday not worked work type.
- The 29.8(d) rule requiring a 10-hour minimum break between shifts has been removed, as clause 29.8 now applies to shift workers, establishing an 8-hour minimum break as the default when overtime is worked.
- The 29.8(d) Minimum Break Between Shifts rule, specifying an 8-hour break, has been removed, leaving only the default minimum break of 10 hours when overtime is worked.