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AN150029 – Carpenters & Joiners (General) Award 1993

CLAUSE 17. HOURS

#OPDATE 14:01:93 1st pp on or after

17.1 (a) Except as provided elsewhere in this award the ordinary working hours shall be 38 or an average of 38 hours per week worked on the following basis:

Ordinary hours shall be worked as a twenty day, four week cycle of eight hours each on Monday to Friday inclusive, between the hours of 6.00a.m. and 7.00p.m. with 0.4 of one hour of each day worked accruing as an entitlement to take one day in each cycle as a rostered day off paid for as though worked.

Where it is agreed between employees, the appropriate union(s) and the employer that the one day off per cycle is not practicable then agreement may be reached in writing on an alternative method of implementing reduced hours, e.g.:

(1) 38 hours within a work cycle not exceeding seven
consecutive days; or

(2) 76 hours within a work cycle not exceeding fourteen consecutive days; or

(3) 114 hours within a work cycle not exceeding twenty- one consecutive days; or

(4) 152 hours within a work cycle not exceeding twenty- eight consecutive days; or

(5) any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed; or

(6) any other method mutually agreed between the employer, employees and Branch Secretary of the appropriate unions(s).

(b) An employer shall employ a system of Rostered Days Off by any of the following methods:

(i) by fixing one week day in a particular working cycle on which all employees will be on; or

(ii) by rostering employees off on various days of the week in a particular work cycle so that each employee has one day off during that cycle; or

(iii) by any other method which best suits the enterprise and is agreed to by the employer and a majority of employees in the affected factory workshop or section of the enterprise.

Provided that any existing arrangement shall not be altered without the agreement of a majority of employees in the affected factory workshop or section of the enterprise in which case the employer shall notify the appropriate union(s).

(c) Where any rostered day off prescribed by paragraph (b) above falls on a public holiday as prescribed in Clause 21 Public Holidays and Holiday Work, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four week cycle or the next is agreed in writing between the employer and the employee.

(d) Each day of paid leave taken (except a rostered day off) and any holiday prescribed in Clause 21 occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

(e) An employee who has not worked, or is not regarded by reason of paragraph (d) above as having worked, a complete nineteen day four week cycle shall receive pro rata accrued entitlements for each day worked or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

(f) Except where agreement has been reached in accordance with sub-clause 17.1(a) and 17.1(b) above, the following procedure shall apply to work on rostered days off. The prescribed rostered day off or any substituted day may be worked where that is required by the employer and 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, in which case, in addition to accrued entitlements, the employee shall be paid penalty rates and provisions as prescribed for Saturday work in Clause 20 - Weekend Work (but shall not be entitled to a day off in lieu thereof).

17.2 Alternative Working Arrangement

By due consultation and written agreement between the employer the employees and/or the Branch Secretary of their appropriate union(s) ordinary hours of work may be altered from those allowed under this clause, Clause 19, Overtime and Special Time, or Clause 18, Rest Periods, Meals and Crib Times, to suit the needs of a particular enterprise, factory, workshop or section, subject to:-

(a) the agreement of at least 60% of employees in the section of the enterprise, factory or work-shop affected by the change; and

(b) no employee experiencing a loss of ordinary time pay or status as a result of the alternative arrangement.

Such an arrangement shall, where there is an inconsistency with any term of the above-mentioned clauses prevail over the clause or clauses to the extent of the inconsistency.

For the purposes of this subclause "Section" means a clearly identifiable production process.

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