AN150029 – Carpenters & Joiners (General) Award 1993
CLAUSE 50. EMERGENCY ARRANGEMENTS
#OPDATE 14:01:93 1st pp on or after
50.1 South Australia
(a) Notwithstanding anything elsewhere contained in this award, the following provisions shall apply in the State of South Australia in the case of an employer who is subjected through no fault of his/her own to restriction or rationing in the use of electric energy or coal gas:
(i) If, by reason of such restriction or rationing, he/she is unable usefully to employ an employee for the whole or part of any day or shift he/she may deduct from the wages of that employee payment for any part of the day or shift such employee cannot be usefully employed.
Provided that -
(1) If an employer requires the employee to attend for work but is not able to employ him/her usefully, the employee shall be entitled to be paid for two hours work;
(2) Where an employee commences work he/she shall be entitled to be paid for four hours work;
(3) An employee stood down shall be regarded as having continuity of service and employment for the purposes of annual leave;
(4) This subclause shall not apply to apprentices.
(ii) He/she may require any employee to perform his/her ordinary hours of work, or any such ordinary hours of work, at any time on any day on the basis of 38 hours per week. The following rates of pay shall apply for such work;
(1) For work performed on Monday to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays from 7.00 a.m. to noon - ordinary time.
(2) For work performed between noon and midnight on Saturday - ordinary rates plus 25 per cent.
(3) For work performed between midnight on Saturdays and midnight on Sundays - time and a half.
(4) For work performed at all other times - ordinary rates plus 10 per cent.
Provided that when an employee is required to commence work between the hours of 9.30 p.m. and 6.00 a.m. the amount that he/she shall receive shall not be less than an amount of 25 per cent more than the amount he/she would receive if paid at ordinary day rates.
(iii) He/she may employ shift workers on afternoon or night shifts only at the rate of pay prescribed in this award for shifts which rotate or alternate with another shift or with day work and which give to the shift worker one-third of his/her working time off night shift in each shift cycle.
(iv) He/she may alter the time at which meal breaks are usually taken and/or the duration of them in order to avoid or mitigate the effects of such restriction or rationing without being liable to pay penalty rates for work done during the normal meal breaks; provided that the commencing time of any meal break is not made more than one hour earlier or later than usual and that a meal break of at least 20 minutes is allowed.
Provided also that the employer shall wherever it is practicable, consult with the representative of the union before acting under this paragraph.
(v) He/she may, by agreement with an employee, allow to such employee, the whole or any part of the annual leave prescribed by this Award, without being liable to give such employee the notice normally required for that purpose.
(vi) Nothing contained in this clause shall operate as to reduce the shift premiums payable to employees who were shift workers working on afternoon or night shifts only at the date of the imposition of restrictions or rationing as aforesaid.
(b) Notwithstanding anything elsewhere contained in this Award, the provisions of this clause shall also apply mutatis mutandis in the case of an employer who uses an auxiliary power plant for the purposes of providing employment for his/her employees whilst such restriction or rationing is in force and who:
(i) is unable to usefully employ an employee for the whole of any day or shift by reason of a breakdown in such plant through no fault of his/her own; or
(ii) because of the inability of the auxiliary power plant to meet the normal demands for power -
(1) finds it necessary to require any employee to perform his/her ordinary hours of work ( or any such ordinary hours of work) outside the hours normally worked by such employee; or
(2) to alter the time at which meal breaks are usually taken and/or the duration of them.(c) Leave is reserved to the parties to apply on this matter upon two days notice in writing.
(d) In the case of an employer who is unable to resume his/her normal operations after the lifting of restrictions and/or rationing of electric energy or coal gas, these provisions are extended for a period not exceeding;
(i) should notification of the lifting of restrictions or rationing be received between midnight on Friday and noon on Thursday in any week to 7.00 a.m. on the following Saturday; or
(ii) should notification of the lifting of restrictions or rationing be received between noon on Thursday and midnight on Saturday in any week - up to 7.00 a.m. on the Saturday in the following week.
