AN170101 – Tasmanian Information Technology Industry Award

PART V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME 

1. HOURS OF WORK AND OVERTIME

(a) Subject to the exceptions, hereinafter provided, the ordinary hours of work shall be an average of 38 hours per week to be worked on one of the following bases:

(i) 38 hours within a work cycle not exceeding 7 consecutive days, or
(ii) 76 hours within a work cycle not exceeding 14 consecutive days, or
(iii) 114 hours within a work cycle not exceeding 21 consecutive days, or
(iv) 152 hours within a work cycle not exceeding 28 consecutive days.
(v) For the purposes of this clause any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed by the parties.

(b) The ordinary hours of work prescribed herein may be worked on any day or all the days of the week, Monday to Friday.

(c) The ordinary hours of work prescribed herein shall be continuous, except for meal breaks, at the discretion of the employer between the hours of 6.00 am and 6.00 pm.

(d) The ordinary hours of work shall not exceed ten in one day.

(e) In each establishment an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

However in the event of an employer and the majority of employees of the business being unable to reach an agreement on the method of implementation the resolution of the matter shall be dealt with in accordance with Part VII, Clause 2 - Disputes and Grievance Procedure of this Award.

(f) Employees and their employers may mutually agree on an arrangement other than the payment of overtime, such arrangement to stand in the place of overtime. In no case shall the arrangement made under this provision give a value of less than the value of the overtime.

(g) All authorised time worked in excess of or outside ordinary hours of duty or where the employee is recalled to work overtime shall, subject to Part III Clause 7, be compensated by either:

(i) Payment at the rate of time and a half for the first 3 hours and double time thereafter including work on a Saturday.

PROVIDED that all time worked on Sundays will be paid at the rate of double time; or

(ii) taking into account clause (i) above in the fixing of annual remuneration; or

(iii) granting special additional remuneration; or

(iv) granting a special allowance or loading; or

(v) granting other compensation such as special additional leave, as may be agreed between the parties.

(vi) Where an employee requests and the employer agrees, time off at the penalty equivalent may be allowed in lieu of payment for overtime.

PROVIDED that such time off shall be paid at the ordinary rate.

(vii) An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in this clause of this award, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.

(h) Upon a request in writing being made to the employer, an employee shall be advised in writing of this method of compensation being used in respect of any of the matters specified in the above clause (g)(ii),(iii),(iv) and (v).