AN120011 – Aged Care General Services (State) Award
(i) (a) The ordinary hours of work for day workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days, or 76 hours per fortnight to be worked Monday to Friday and to commence on such days at or after 5:30 a.m. and before 10:00 a.m.
(b) The ordinary hours of work for shift workers, exclusive of meal times, shall not exceed 152 hours per 28 calendar days or 76 hours per fortnight or an average of 38 hours per week in each roster cycle.
(ii) (a) The hours of work prescribed in subclause (i) shall be arranged as follows:
(1) 152 hours in a 28 calendar-day cycle to be arranged so that each employee shall not work their ordinary hours on more than 19 days in the cycle; or
(2) 190 hours in a 35 calendar-day cycle to be arranged so that each employee shall not work their ordinary hours on more than 19 days in the cycle.
(b) Where this is not possible, the hours of work may be arranged in one of the following ways:
(1) 76 hours per fortnight to be arranged so that each employee shall not work their ordinary hours on more than ten days in the fortnight; or
(2) 38 hours per week to be arranged so that each employee shall not work his/her ordinary hours on more than five days in the week.
(iii) Each employee shall be entitled to not less than four full days in each fortnight free from duty or two full days in each week free from duty and such rostered days off shall, where practicable, be consecutive.
(iv) Each shift shall consist of not more than 11 ordinary hours of work per day. Provided that shifts in excess of ten ordinary hours of work shall not occur on more than 7 consecutive days in any 8 day period. Provided further, that shifts of ten ordinary hours of work or less shall not occur on more than 11 consecutive days in any 12 day period.
(v) Full-time employees shall receive a minimum payment of four hours for each start in respect of ordinary hours of work. Permanent part-time employees and casual employees shall receive a minimum payment of two hours for each such start.
(vi) (a) An employee whose ordinary hours of work are arranged in accordance with paragraph (a) of subclause (ii) above shall be entitled to an additional allocated day off free from duty in each roster period of 28 calendar-days or 35 calendar-days, as the case may be. The ordinary hours worked on each of those 19 days shall be arranged to include a proportion of one hour on the basis of 0.4 of one hour for each eight-hour shift worked and 0.5 of one hour for each ten-hour shift worked which shall accumulate towards the employee's allocated day off duty on pay.
(b) A full-time employee's allocated day off duty shall be determined by mutual agreement between the employee and the employer having regard to the needs of the place of employment or sections thereof. Such allocated day off duty shall, where practicable, be consecutive with the rostered days off prescribed by subclause (iii) of this clause. Provided that allocated days off duty shall not be rostered on public holidays.
(c) Where the employer and the employee agree, up to five allocated days off may be accumulated and taken in conjunction with the employee's annual leave or at another agreed time.
(d) No time towards an allocated day off shall accumulate during periods of workers' compensation, parental leave, long service leave, any period of unpaid leave, or the statutory four weeks annual leave. However, an employee on returning to duty from the abovementioned leave shall be given the next allocated day off in sequence.
(e) Credit towards an allocated day off shall continue to accumulate whilst an employee is on paid sick leave. Where an allocated day off duty falls during a period of sick leave, the employee's available sick leave shall not be debited for that day.
(vii) The ordinary hours of work for a permanent part-time employee shall be a specified number of hours which are less than those prescribed for a full-time employee in paragraph (b) of subclause (ii) above. The specified number of hours may be balanced over a week or fortnight, provided that the average weekly hours worked shall be deemed to be the specified number of hours for the purposes of accrual of leave provided for by this award. Provided further that there shall be no interruption to the continuity of employment merely by reason of an employee working on a "week on, week off" basis in accordance with this subclause.
(viii) Two separate ten-minute intervals (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 7.6 hours or more. Where less than 7.6 ordinary hours are worked employees shall be allowed one ten-minute break in each four-hour period. Subject to agreement between the employer and the employee, the two ten-minute intervals may alternatively be taken as one 20-minute interval, or by one ten-minute interval with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time.
(ix) There shall be a minimum break of eight hours between ordinary rostered shifts, other than broken shifts, on successive days.
(x) Except for meal breaks each day, all time from the commencement to the cessation of duty each day shall count as working time. Provided that an employer may apply to the Union for an exemption from this provision to enable broken shifts to be worked. The Union shall accept or reject such application within 28 days, unless otherwise agreed by the employer. The Union shall not reject such application without good reason.
(xi) The following shall apply to broken shifts:
(a) The time between the commencement and termination of a broken shift shall not exceed 12 hours.
(b) There shall be a minimum break of 12 hours between broken shifts rostered on successive days. Provided that, there may be a minimum break of ten hours on not more than 12 occasions in a 28-day period.
(c) Employees shall be paid an allowance of the amount set out in Item 1 of Table 2 Other Rates and Allowances of Part B, Monetary Rates, for each broken shift worked.
