AP782505CR - Graphics Arts - General - Award 2000
PART 6 - HOURS OF WORK, BREAKS, OVERTIME AND SHIFT WORK
6.1 HOURS OF WORK
6.1.1 Ordinary hours of work - day work employees
6.1.1(a) Spread of hours
6.1.1(a)(i) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer, in the spread of hours between 7.00 a.m. and 6.00 p.m. However, the ordinary hours of work for employees engaged to clean the premises or attend to heating apparatus for the machines or buildings may be between the hours of 6.30 a.m. and 6 p.m.
6.1.1(a)(ii) The daily spread of hours may be altered by up to one hour at one end of the spread (but not both) by agreement between an employer and the majority of employees affected. This is subject to Level 2 Facilitation. Provided that where agreement has been reached with the majority of employees in the workplace or section or sections of it, the employer may not implement the agreement unless agreement has been reached with each individual employee to be covered by the facilitative provision.
6.1.1(a)(iii) The daily spread of hours may be altered by up to one hour at one end of the spread (but not both), by agreement between the employer and an individual employee. This agreement is subject to Level 2 Facilitation and may:
6.1.1(a)(iii)(A) only be accessed where no majority agreement has been reached,
6.1.1(a)(iii)(B) only be implemented in respect of individual employees who have reached agreement; and
6.1.1(a)(iii)(C) the agreement is only with an individual employee or a number of individuals less than the majority in the workplace or section or sections of it.
6.1.1(b) Ordinary hours
6.1.1(b)(i) The ordinary hours of work for day work will not exceed an average of 38 per week.
6.1.1(b)(ii) The ordinary hours of work for day work will not exceed 8.75 hours per day.
6.1.1(b)(iii) Despite 6.1.1(b)(ii), the ordinary hours of work for day work may exceed 8.75 hours and up to ten hours per day by agreement between the employer and the majority of employees. This is subject to Level 1 facilitation.
6.1.1(b)(iv) By agreement between the employer and the majority of employees, an employee may work ordinary hours in excess of ten hours and up to twelve hours. An agreement to work more than 10 hours and less than 12 hours will be subject to Level 3 facilitation. Where twelve ordinary hours are introduced on any day, the agreement is subject to Level 3 Facilitation and 6.1.4(f).
6.1.1(c) Work cycles
[6.1.1(c) corrected by S2976 from 01Feb00]
The ordinary hours of work are to be worked over a cycle which does not exceed 152 hours in 28 days. By agreement between the employer and the majority of employees affected, a roster system may operate on the basis of a weekly average of 38 ordinary hours over a period which does not exceed five months. This is subject to Level 2 Facilitation.
6.1.1(d) Days on which ordinary hours are worked
6.1.1(d)(i) The ordinary hours of work may be worked on any day Monday to Friday inclusive. The days on which ordinary hours are worked may include Saturday and Sunday by agreement between the employer and the majority of employees affected. This is subject to Level 3 Facilitation.
6.1.1(d)(ii) Where agreement has been reached under 6.1.1(d)(i) to work ordinary hours on a Saturday or Sunday, double time will be paid for all work done on Saturday or Sunday (as defined).
[6.1.1(d)(ii)(A) deleted by S4010 from 01Feb00]
[6.1.1(d)(ii)(B) deleted by S4010 from 01Feb00]
6.1.1(e) An employee under seventeen years of age must be employed only on day work.
6.1.2 Ordinary hours of work - other than continuous shiftwork employees
6.1.2(a) Ordinary hours and work cycles
6.1.2(a)(i) The ordinary hours for non-continuous shift work must not exceed an average of 38 per week.
6.1.2(a)(ii) The ordinary hours of shift work employees not on continuous shift work will not exceed 8.75 hours per shift.
6.1.2(a)(iii) Despite 6.1.2(a)(ii), the ordinary hours of shift work employees not on continuous shift work may exceed 8.75 hours per shift and up to ten hours per shift by agreement between the employer and the majority of employees. This is subject to Level 1 Facilitation.
6.1.2(a)(iv) By agreement between the employer and a majority of employees, an employee may work ordinary hours of non continuous shift work in excess of ten hours and up to twelve hours. An agreement to work more than 10 hours and less than 12 hours will be subject to Level 3 faciliation. Where twelve ordinary hours are introduced on any shift, the agreement is subject to Level 3 Facilitation and 6.1.4(f).
6.1.2(b) By agreement between the employer and the majority of employees affected, a roster system may operate on the basis that the weekly average of up to 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but which does not exceed twelve months. This is subject to Level 2 Facilitation.
6.1.2(c) Days on which ordinary hours are worked
The ordinary hours of work are to be worked continuously, except for meal breaks. The ordinary hours of work may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday may continue into the Saturday for the remaining ordinary hours of work without the payment of double time.
6.1.2(d) Ordinary hours on Saturday or Sunday
6.1.2(d)(i) By agreement between the employer and the majority of employees affected, the days on which ordinary hours are worked may include Saturday and Sunday. This is subject to Level 3 Facilitation.
6.1.2(d)(ii) Where agreement has been reached under 6.1.2(d)(i) to work ordinary hours on a Saturday or Sunday, the following rates will be paid for all ordinary work done on a Saturday or Sunday (as defined):
Afternoon or morning shift |
220% |
Night shift (except as defined in 6.2.3(b)) |
220% |
Fixed night shift (as defined in 6.2.3(b)) |
230% |
[6.1.2(d)(iii)(A) inserted by S4010 from 01Feb00]
6.1.2(d)(iii)(A) Except as provided for in 6.4.3(c), where ordinary time is worked on a Saturday or Sunday and overtime is continuous with such work, the above rates will apply to the overtime work.
[6.1.2(d)(iii)(B) inserted by S4010 from 01Feb00]
6.1.2(d)(iii)(B) The above rates are in substitution for an not cumulative on the shift allowances prescribed in 6.2.3 and the overtime penalties in 6.4.
6.1.3 Ordinary hours of work - continuous shift work employees
6.1.3(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each day without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
6.1.3(b) Ordinary hours and work cycles
6.1.3(b)(i) The ordinary hours of continuous shiftwork employees are to average 38 hours per week and must not exceed 152 hours in 28 consecutive days.
6.1.3(b)(ii) The ordinary hours of continuous shift work employees will not exceed eight hours per shift.
6.1.3(b)(iii) Despite 6.1.3(b)(ii), the ordinary hours of continuous shift work may exceed 8 hours and up to ten hours per day by agreement between the employer and the majority of employees. This is subject to Level 1 facilitation.
6.1.3(b)(iv) By agreement between the employer and the majority of employees, an employee may work ordinary hours in excess of ten hours and up to twelve hours. An agreement to work more than 10 hours and less than 12 hours will be subject to Level 3 faciliation. Where twelve ordinary hours are introduced on any shift, the agreement is subject to Level 3 Facilitation and 6.1.4(f).
6.1.3(c) By agreement between the employer and the majority of employees affected, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed twelve months. This agreement is subject to Level 2 Facilitation.
6.1.3(d) Days on which ordinary hours are worked
The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. The ordinary hours of work may be worked on any day Monday to Friday inclusive, provided that ordinary hours commencing on a Friday, may continue into the Saturday for the remaining ordinary hours of work without the payment of weekend penalty rates.
6.1.3(e) Limitation on double shifts
Shift work employees, whilst recognising their obligations to continue at work until relieved will not be required to work more than two consecutive shifts. The employer will avoid double shifts as far as possible by using every endeavour to arrange reliefs, and will limit the number of double shifts worked by an employee to one in any week except in unavoidable circumstances.
6.1.3(f) Ordinary hours on Saturday or Sunday
6.1.3(f)(i) The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees affected. This is subject to Level 3 Facilitation.
6.1.3(f)(ii) Where agreement has been reached under 6.1.3(f)(i) to work ordinary hours on a Saturday or Sunday, the following rates will be paid for all ordinary work done on Saturday or Sunday (as defined):
Afternoon or morning shift |
220% |
Night shift (except as defined in 6.2.3(b)) |
220% |
Fixed night shift (as defined in 6.2.3(b)) |
230% |
6.1.3(f)(ii)(A) Except as provided for in 6.4.3(c), where ordinary time is worked on a Saturday or Sunday and overtime is continuous with such work, the above rates will apply to the overtime work.
6.1.3(f)(ii)(B) The above rates are in substitution for and not cumulative on the shift allowances prescribed in 6.2.3 and the overtime penalties in 6.4.
6.1.4 Methods of arranging ordinary hours
6.1.4(a) The method of arranging ordinary hours may be:
6.1.4(a)(i) By employees working a constant number of ordinary hours each day; or
6.1.4(a)(ii) By fixing one day a week on which employees work a lesser number of ordinary hours.
6.1.4(a)(iii) By fixing one or more days on which all employees will be off during a particular work cycle; or
6.1.4(a)(iv) By rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.
6.1.4(b) Subject to the employer's right to fix and change the daily hours of employees as prescribed in 6.1.6 and 6.1.4(a), the arrangement of ordinary working hours is to be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise affected. This agreement is not subject to 2.3.
6.1.4(c) Days off
Where pursuant to 6.1.4(a)(iii) and 6.1.4(a)(iv) an employer adopts a system of work which entitles an employee to a day off during the work cycle, the following provisions apply:
6.1.4(c)(i) An employer and an employee or the majority of employees at the plant or work section or sections concerned may by agreement substitute the day the employee or employees concerned are to take off during a work cycle for another day. This agreement is not subject to 2.3.
6.1.4(c)(ii) An apprentice who is required to attend trade school on a rostered day off must be entitled to a substitute day as soon as practicable following the attendance at trade school.
6.1.4(c)(iii) Except as provided in 6.1.4(c)(i), work performed on a rostered day off or shift off must be paid for at overtime rates as set out in 6.4.3.
6.1.4(d) Notice of days/shifts off
Unless otherwise agreed by the employer and a majority of employees in the plant or work section(s) concerned, the employer is required to give four weeks notice of a rostered day off accrued pursuant to 6.1.4(a)(iii) and 6.1.4(a)(iv). This agreement is not subject to 2.3.
6.1.4(e) Banking of rostered days/shifts
By agreement between the employer and employee or majority of employees at the plant or work section or sections concerned, rostered days/shifts off may be accumulated (banked) up to a maximum of five days/shifts and must be entitled to be taken in a manner agreed upon between the employer and the employee or the majority of employees prior to the first of such days/shifts accumulating. This agreement is not subject to 2.3.
6.1.4(f) Twelve hour shifts
Twelve hour days or shifts may be introduced in accordance with subclauses 6.1.1(b)(iv), 6.1.2(a)(iv), or 6.1.3(b)(iv), subject to:
6.1.5 Makeup time
6.1.5(a) An employee may elect, with the consent of the employer, to work make up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award. This clause is subject to Level 1 Facilitation.
[6.1.5(b) corrected by S2976 from 01Feb00]
6.1.5(b) An employee on shift work may elect with the consent of their employer, to work make up time under which the employee takes time off during ordinary hours and works those hours at a later time, at the shift work rate which would have been applicable to the hours taken off. This clause is subject to Level 1 Facilitation.
6.1.6 Fixation and change of hours
6.1.6(a) The daily hours of each employee, including the meal period, will be as determined by the employer, provided that the employer will not alter the usual daily working hours of any employee unless and until the employee has had one week's notice of the alteration which is to be made.
6.1.6(b) Once an employee's working hours have been fixed in accordance with 6.1.6(a), such hours will not be changed until at least one week after such hours have been in actual operation.
6.1.6(c) Except as set out in 6.1.6(d), if any alteration to an employee's hours is made other than in accordance with 6.1.6(a), the employee will be paid double time for all time worked outside of the hours fixed in accordance with 6.1.6(a).
6.1.6(d) In the case of an emergency beyond the control of the employer, such employer may require an employee to change their working hours on giving 48 hours notice, including the meal break of such periods, without payment of the penalty prescribed in 6.1.6(c). The ordinary hours of such employee will not be changed more than once in a working week.
6.1.6(e) If an employee is required to change the employee’s working hours in the case of an emergency beyond the control of the employer without receiving 48 hours notice, the employee will be paid double time for all time worked until the expiration of the 48 hours after the employee commenced the new hours.
6.1.7 Change of working periods
6.1.7(a) An employee who during the course of a week's work is transferred from day work to shift work or vice versa or from one shift to another shift, will without loss of pay be allowed at least a ten hour break between finishing their shift/day's work and commencing their next shift/day's work.
6.1.7(b) If such ten hour break is not allowed, the employee will be paid double time for all hours worked until the employee has such ten hour break.
6.1.7(c) An employee must not be transferred from day work to shift work or vice versa or from one shift to another shift, more than once in a working week.
6.1.8 Posting of working hours
The roster of each work area, including the meal period, and the name and working hours of each employee employed in that workroom whose hours differ from the roster will be displayed in the work room.
