AN120012 – Aged Care Industry (Broken Hill) Award
Part I - Full Time Employees
(a)
(i) 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 6:00 am and before 10.00 am.
(ii) 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 per week in each roster cycle. Each shift shall consist of not more than 8 ordinary hours of work per day, providing that by mutual agreement a shift may consist of 10 ordinary hours per day.
(b) Each full time employee shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off in each week shall be consecutive.
(c) There shall be a minimum of eight (8) hours between ordinary rostered shifts.
(d) The hours of work prescribed in subclause (a) shall be arranged as follows:
(i) 152 hours per 28 calendar day cycle, to be arranged so that each employee shall not work his/her ordinary hours on more than 19 days in the 28 day cycle; or
(ii) By agreement between employer and employee(s) concerned, 76 hours in each fortnight, or 38 hours in each week.
(e)
(i) A full time employee working his/her hours in an arrangement which provides for an accumulation of hours per week shall be permitted an Allocated Day Off (ADO) per month, not exceeding twelve per year.
(ii) The taking of an ADO shall be determined by mutual agreement between the employee and the employer having regard to the needs of the establishment or sections thereof. Where practicable, such ADO shall be consecutive with rostered days off duty.
(iii) Once set, the ADO may not be changed in a current cycle unless there are genuine unforseen circumstances prevailing. Where such circumstances exist and the ADO is changed, another day shall be substituted in the current cycle. Should this not be practicable, the day must be given and taken in the next cycle immediately following.
(iv) Where the employee and the employer agree, up to five (5) ADOs may be accumulated, and taken in conjunction with Annual Leave, or taken at a mutually agreed time.
(v) Where an employee's ADO falls due during a period of workers' compensation, the employee, on returning to duty, shall be given the next ADO in sequence irrespective of whether sufficient credits have been accumulated or not.
(vi) Where an employee's ADO falls on a Public Holiday the next working day shall be taken in lieu thereof.
(vii) There shall be no accrual of credit towards an ADO for each day of ordinary annual leave taken. However, where an employee accumulated sufficient time to take his/her ADO prior to entering on annual leave, and that day would have been taken if the employee had not gone on annual leave, it shall be allowed to the employee on the first working day immediately following the period of leave.
Where an employee has not accumulated sufficient time for an ADO prior to entering on annual leave, time in credit shall count towards taking the next ADO falling in sequence after the employee's return to duty.
(viii) An employee returning to duty from Long Service Leave shall be given the next ADO in sequence irrespective of whether sufficient credits have been accumulated or not.
Part II - Permanent Part-Time Employees
(a) A permanent part-time employee is one who is permanently appointed by the employer to work a specified number of hours which are less than those prescribed for a full time employee, provided that the engagement shall be no less than 2 hours on any one day or 4 hours in any one week. Such specified number of hours shall be recorded in writing and may only be changed by mutual agreement.
(b) An employee so engaged shall be paid for the actual number of hours worked at an hourly rate calculated on the basis of one thirty-eighth of the appropriate weekly rate of pay.
(c) The hours of a permanent part-time employee shall be so arranged that they 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, and there shall be no interruption to the continuity of employment merely by reason of a permanent part-time employee working on a "week on", "week off" basis.
(d) Each permanent part-time employee shall be free from duty for not less than two full days in each week or four full days in each fortnight. Where practicable, such rostered days off shall be consecutive.
(e) There shall be a minimum break of eight hours between ordinary rostered shifts.
(f) Employees engaged under this clause shall be entitled to all other benefits of the Award not otherwise expressly provided for herein in the same proportion as their ordinary hours of work bear to full-time hours.
Part III - Casual Employees
(a)
(i) A casual employee is one engaged on an hourly basis or otherwise than as a full-time employee, permanent part-time employee.
(ii) A casual employee may only be engaged in the following circumstances: for short term periods where there is a need to supplement the work force arising from fluctuations in the needs of the facility; or in the place of another employee who is absent; or in an emergency.
(b) For all time worked, a casual employee shall be paid an hourly rate calculated on the basis of one thirty-eighth (1/38th) of the appropriate rate prescribed by Part B, Monetary Rates of this award, plus a loading of 20 per cent thereof, with a minimum payment of two hours for each start, and one thirty-eighth of the uniform and laundry allowances where a uniform is not supplied in accordance with clause 28, Uniforms and Protective Clothing.
(c) The 20 per cent loading referred to in subclause (b) shall be part of the ordinary rate for all purposes of this award and is in lieu of shift allowances, weekend penalties and annual leave.
(d) For the entitlement to long service leave, see Long Service Leave Act 1955.
(e) With respect to a casual employee, the provisions of the following clauses shall not apply: 10, Roster of Hours; 12, Overtime; 17, Annual Leave; 18, Additional Annual Leave; 19, Annual Leave Loading; 20, Long Service Leave; 21, Sick Leave; 22, Compassionate Leave; 23, Personal Carers Leave; 24, Parental Leave and 35, Redundancy.
