AN120118 – Charitable, Aged and Disability Care Services (State) Award
(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 6:00 a.m. and at or before 10:30 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 sub-clause (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 28 calendar-day cycle;
or
(2) 190 hours per 35 calendar days to be arranged so that each employee shall not work their ordinary hours on more than 19 days in the 35 calendar-day cycle.
(b) Following consultation and discussion with the Union the hours of work may also 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 their ordinary hours on more than five days in the week.
(iii)
(a) 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 (rostered days off), and every effort shall be made for such rostered days off to be consecutive, unless otherwise agreed.
(b) A Live-in Housekeeper shall after each five (5) consecutive days of duty, be entitled to two (2) consecutive days off provided that:
(1) Such days may accumulate to a limit of six (6) and in any case must be taken at the conclusion of such service.
(2) Where it is mutually agreed between the employer and the employee that under such circumstances the days of duty should continue, such days may accumulate to a limit of eight (8) to be taken at the conclusion of such service.
(3) Provided that the Live - in Housekeeper shall continue to receive the normal weekly wage during such days off.
(iv) Each shift shall consist of no more than ten hours on a day shift or 11 hours on a night shift with not less than eight hours break between each shift; provided that an employee shall not work more than seven consecutive shifts unless the employee so requests and the employer agrees.
(v)
(a) Full-time employees shall receive a minimum payment of four hours for each start in respect of ordinary hours of work.
(b) Permanent part-time and casual employees, other than Homecare Employees, shall receive a minimum payment of two hours for each start.
(c) Permanent part time homecare employees and casual homecare employees shall receive a minimum of one hour for each engagement
(vi)
(a) An employee whose ordinary hours of work are arranged in accordance with subclause (a) of sub-clause (ii) above shall be entitled to an allocated day off in each cycle of 28 days or 35 days as the case may be. The ordinary hours worked on each of those days shall be arranged to include a proportion of one hour on the basis of 0.4 of one hour for each 8-hour shift worked and 0.5 of one hour for each 10-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 (ADO) 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 in subclause (iii) of this clause. Provided that allocated days off shall not be rostered on public holidays.
(c) Where the employer and the employee agree, up to five (5) allocated days off may be accumulated and taken in conjunction with the employee's annual leave or at another agreed time.
(d) In a hostel which has a bed capacity of 40 or less, the employer shall have the option of granting an employee a nineteen-day four-week cycle or accumulating 12 allocated days off per annum which may be taken in conjunction with the employee's annual leave or at another agreed time.
(e) No time towards an allocated day off shall accumulate during periods of workers' compensation, unpaid parental leave, long service leave, any period of unpaid leave or the statutory four weeks annual leave.
(f) 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 will be a specified number of hours, which are less than those prescribed for a full-time employee. 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 tea breaks (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 10-minute tea break in each four-hour period. Subject to agreement between the employer and the employee, the two ten-minute tea breaks may alternatively be taken as one 20-minute tea break, or by one ten-minute tea break with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time. Such tea break(s) shall count as working time.
(ix) Employees must receive a minimum break of eight (8) hours between ordinary rostered shifts, which are not broken shifts.
(x) Except for meal breaks, all time from the commencement to the cessation of duty each shift shall count as working time, except for shifts being worked as broken shifts.
(xi) With respect to broken shifts:
(a) A "broken shift" for the purposes of this sub clause means a single shift worked by an employee that includes one or more breaks in excess of that provided for meal breaks, where the time between the commencement and termination of the broken shift shall not exceed 12 hours.
(b) An employee must receive a minimum break of 10 hours between broken shifts rostered on successive days.
(c) Where broken shifts are worked, employees shall receive an allowance of the amount set out in Item 1 of Table 2 of Part B, Monetary Rates per shift.
(d) Payment for a broken shift shall be at ordinary pay with penalty rates and shift allowances in accordance with Clause 15, with shift allowances being determined by the commencing time of the broken shift.
(e) All work performed beyond the maximum span of 12 hours for a broken shift will be paid at double ordinary pay.
(f) Broken shifts may be introduced for up to four weeks without the permission of the Union.
(g) Where the employer seeks the approval of the Union to work broken shifts in excess of four weeks, it must be in writing, which the Union will accept or decline within fourteen days. The Union will not decline such an application without good cause.
(h) Where an employee works a broken shift and at least part of that shift involves the work of a Homecare Employee, the employer is not required to seek the exemption from the Union as prescribed by Clause 7(xi)(g) above.
