The employee is considered to be working on a fly-in fly-out or drive-in drive-out (or equivalent) basis when all of the following apply:
- on a regular and rotational basis, the employee works for a number of days and has a number of days off which are not the same days in consecutive weeks (that is, following one week after another without interruption), such as a standard five-day working week and weekend
- the employee returns to the employee’s normal residence during the days off
- it is customary in the industry in which the employee works for employees performing similar duties to work on a rotational basis and return home during days off – for example, miners – and the work duties continue to be undertaken by other employees on a rotational basis while any particular employee is on their days off
- it is unreasonable to expect the employee to travel to and from work and the normal residence on a daily basis, given the locations of the employment and their home, and
- it is reasonable to expect that the employee will resume living at the normal residence when the employment duties no longer require them to live away from home.
An employee works in the mining industry on a 7-day on, 7-day off roster. The employee works Sunday through to Saturday, and has the following Sunday through to Saturday off.
In this case, the employee is not working the same days in consecutive weeks because the employee is working every day in one week, then not working in the next, and is doing this on a rotational basis.
This is contrasted with an employee who works Monday through to Friday and has Saturday and Sunday off, and does the same in the next week. An employee in this instance is working the same days in each week – they are working on a consecutive basis, week after week.
End of example