AP785611 - Journalists (Television) Award 1998
PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK
17. HOURS OF EMPLOYMENT
17.1 In this clause, unless the contrary appears, the word "day" means a period of 24 hours.
17.2 Subject to subclause 17.3, the ordinary hours of duty shall be an average of 38 hours per week to be worked on one of the following bases:
17.2.1 by members working 38 ordinary hours on five days per week;
17.2.2 by members working in the following ordinary hours over 19 days in a 20 day work cycle:
40 ordinary hours in each of three weeks and ordinary 32 hours in one week in the 20 day work cycle; or
17.2.3 by members working in the following ordinary hours over nine days in a ten day work cycle;
42 ordinary hours in one week and 34 ordinary hours in one week in the ten day work cycle; or
17.2.4 by members working 38 hours on four days in each five day work cycle:
Provided that in the fortnights in which Christmas Day and Good Friday occur, the ordinary hours of duty shall be reduced by eight from those specified in this subclause and that:
17.3.1 the method by which the 38 hour week, as provided for in subclause 17.2, is to be worked shall be determined on a section by section or a unit basis in each employer's establishment by agreement between the employer and the majority of members affected in the section or unit.
17.3.2 For the purposes of the introduction of a 38 hour week, as provided for in subclause 17.2 and paragraph 17.3.1, members and their employer shall determine which are the sections or units within the employer's enterprise.
17.4 The ordinary weekly hours of duty specified in subclause 17.2 shall be worked so that each member shall be given two days off duty each week, except:
17.4.1 in the fortnights in which Christmas Day and Good Friday occur, when five days off duty shall be given in the fortnight; and
17.4.2 when the 38 hour week is implemented, in respect of any member in the manner specified in paragraphs 17.2.2, 17.2.3 or 17.2.4, when the number of days off duty which such member is given shall be increased as necessary to give effect to the paragraph applicable to such member.
17.5 Days off Duty
17.5.1 In this subclause, the words day off duty mean any day off duty which a member is given under subclause 17.4.
17.5.2 Each member shall be notified of days off duty by the posting of rosters at least seven days before the beginning of the work cycle in which such days off duty are to be granted. Such notification can be included in the roster provided for in subclause 19.1.
17.5.3 In respect of a day off duty, an employer may depart from the roster referred to in paragraph 17.5.2 in case of an emergency or a shortage of staff through sickness or other cause which cannot be reasonably foreseen. In the case of such a departure, the employer shall give the member as much notice of such departure as possible and shall, within the same or the next succeeding week, grant to such member days off duty in lieu of those days off duty cancelled.
17.5.4 In respect of a day off duty, referred to in paragraph 17.4.2 hereof, the members of a section or a unit may agree with their employer to accrue up to a maximum of three such days off.
17.5.5 Where a member is given a day(s) off duty, such day or days shall commence from the time the member actually ceased duty.
17.6 In the event that members and their employer do not reach agreement on any aspect of subclauses 17.2, 17.3, paragraph 17.4.2 or paragraph 17.5.4, the matter shall be referred to the Commission for determination.
17.7 Where agreement is reached on the method of implementing the 38 hour week in accordance with paragraphs 17.5.2, 17.5.3 or 17.5.4, either the Alliance or the employer may have the terms of such agreement recorded in writing, signed, dated and submitted to the Commission.
17.8 A member who is not given any of the day or days off duty referred to in subclause 17.4 by any of the methods provided for in this clause shall be paid for such days in accordance with subclause 20.7.
17.9.1 Except on a distant engagement, as hereinafter provided, a member's hours of duty shall count continuously from the time of entering upon duty, as defined in paragraph 17.9.2, until the time the member signs off at the completion of the work for the day.
17.9.2 Entering upon duty means:
17.9.2(1) Arrival at the office for the first time in the day to begin duty; or
17.9.2(2) Beginning of the first engagement, provided that a reasonable time shall be allowed to cover the period required to reach the engagement from home or from the temporary place of residence or accommodation, should a member be temporarily assigned to duty away from the city in which he or she is regularly employed.
