AN120154 – Concrete Pipe and Concrete Products Factories Consolidated (State) Award

3. IMPLEMENTATION OF THE 38-HOUR WEEK

The method of implementing the 38-hour week shall be determined, by agreement between the employer and the majority of employees directly affected, from one or more of the following:

(i) By employees working less than eight ordinary hours each day.

(ii) By employees working less than eight ordinary hours on one or more days each week.

(iii) By all employees having one weekday off, excluding public holidays, in each 20 day work cycle, eight hours being worked on each of the other 19 days of those four weeks. The day off is to be nominated by the employer.

(a) By fixing one weekday upon which all or any number of employees will be off during a particular 20-day work cycle.

(b) By rostering employees off on various weekdays during a particular 20-day work cycle. Subject to operational requirements, preference shall be given to days off being arranged to suit individual requests.

(c) Flexibility in relation to rostered days off;

Where the hours of work of an establishment, plant or section are organised in accordance with this subclause an employer may require the employee(s) to accrue up to a maximum of five rostered days off.

Where a rostered day off is accrued it shall be allowed and taken within 12 months of its original due date.

(d) The procedure for resolving special, anomalous or extraordinary problems shall be applied in accordance with clause 15, Settlement of Disputes, Claims and Grievances.

The procedure shall be applied without delay.

(e) In any calendar year, where 20 days annual leave is taken, there shall be a maximum of 12 rostered days off. Provided that, for lesser periods of annual leave taken, the above will apply on a proportionate basis.

(iv) Provided that the ordinary hours may be worked by such other method that is agreed upon between the employer and the majority of employees directly affected.

(v) Circumstances may arise where different methods of implementing a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.

(vi) The day scheduled to be the day off in accordance with subclause (iii) of this clause may be worked as an ordinary working day without penalty when substituted by another day by agreement between the employer and the employee directly affected or, where a number of employees are directly affected, by agreement between the employer and a majority of employees in respect of whom a substituted day off is sought.

(vii) Excluding circumstances beyond the control of the employer and except as otherwise herein provided, not less than seven days notice is to be given concerning the days off thus allocated to employees by the application of the foregoing arrangements.

(viii) The procedure for resolving special, anomalous or extraordinary problems shall be applied in accordance with clause 15, Settlement of Disputes, Claims and Grievances. The procedures shall be applied without delay.

(ix) In any calendar year, where 20 days annual leave is taken there shall be a maximum of 12 rostered days off. Provided that, for lesser periods of annual leave taken, the above will apply on a proportionate basis.