AN120192 – Electricians &c. (State) Award
17. HOURS OF WORK — DAY WORKERS
17.1 Weekly Ordinary Hours — The weekly ordinary hours of work shall be 38 hours per week or an average of 38 hours per week, such average hours per week being calculated over an employee's work cycle.
17.2 Work Cycles — The weekly ordinary hours of work shall be arranged in accordance with one of the following work cycles:
38 hours within a work cycle not exceeding 7 consecutive calendar days;
or 76 hours within a work cycle not exceeding 14 consecutive calendar days;
or 114 hours within a work cycle not exceeding 21 consecutive calendar days;
or 152 hours within a work cycle not exceeding 28 consecutive calendar days.
Provided that a work cycle may differ from those prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and the union.
17.3 Daily Ordinary Hours — The daily ordinary hours of work shall not exceed 8 hours. Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the union.
17.4 Days of Work — The ordinary hours of work may be worked on any days or all of the days of the week, Monday to Friday inclusive.
17.5 Spread of Hours
17.5.1 The spread of daily ordinary hours of work shall be between 6.00 a.m. and 6.00 p.m. at the discretion of the employer and, except for meal breaks, shall be worked continuously.
17.5.2 The spread of daily ordinary hours of work prescribed by this subclause may be altered:
(1) as to all or a section of employees by mutual agreement between an employer and the union, or
(2) by mutual agreement between an employer and his/her employees to permit a 6.00 a.m. starting time during summer months.
17.5.3 Australasian Conference Association Ltd — For the purpose of the Australasian Conference Association Ltd at Cooranbong and at Lewisham, the spread of hours for day workers shall be so as to permit the 38 hours to be worked within the following hours:
Monday to Thursday — 7.00 a.m. to 5.00 p.m. with a 45 minute meal break.
Friday — 7.00 a.m. to 1.00 p.m.
17.6 Systems of Ordinary Hours of Work - The ordinary hours of work may be arranged in accordance with any one of the following systems:
17.6.1 Fixed Weekly Hours Systems — By employees working 38 hours each week:
(1) but less than 8 ordinary hours each day (regular daily hours method), or
(2) but less than 8 ordinary hours on one or more days each week (irregular daily hours method).
17.6.2 Average Weekly Hours Systems — By employees working an average of 38 hours per week over a work cycle:
(1) and by fixing one week day as a leisure day on which all employees will be off duty during a particular work cycle (fixed leisure day method), or
(2) any by rostering employees off work on various days of the week during a particular work cycle so that each employee has one leisure day during that cycle (rostered leisure day method).
17.6.3 "Leisure Day" for the purpose of this award is the weekday, not being a holiday, that an employee has off duty when working in accordance with an average weekly hours system.
17.7 Notice of Leisure Day — Subject to the provisions of subclause 17.9 Substitution of Leisure Day of this clause, an employee who is entitled to a leisure day during that employee's work cycle shall be advised by the employer of the date of the employee's leisure day at least 4 weeks in advance of it.
17.8 Leisure Day Falling on a Holiday — Where an employee who is entitled to a leisure day (in accordance with this clause) and such leisure day falls on a holiday prescribed by clause 20, Holiday and Sunday Work of this award, such leisure day shall be substituted for another week day: Provided that the day to be taken as a substitute leisure day shall be determined by agreement between the employer and the employee and that it shall be taken during the work cycle in which the day fell due or during the next succeeding work cycle.
17.9 Substitution of Leisure Day
17.9.1 An individual employee, with the agreement of his/her employer, may substitute his/her leisure day for another day.
17.9.2 An employer with the agreement of an individual employee, may substitute the employee's leisure day for another day.
17.9.3 An employer, with the agreement of the majority of employees working in a project, undertaking or establishment, may substitute the employees' leisure day for another day in case of: breakdown in machinery, or
failure or shortage of electric power,
or to meet the requirements of the business in the event of rush orders or some other emergency situation,
or where employees cannot be usefully employed due to any cause for which the employer cannot reasonably be held responsible.
17.9.4 Provided that any substituted leisure day referred to in the proceeding paragraphs of this subclause shall be taken during the work cycle in which the leisure day fell due or during the next succeeding cycle.
17.10 Work Outside Ordinary Hours — All work outside the ordinary hours of work prescribed by this clause, including work on a leisure day except where such leisure day is substituted for another day, shall be subject to the penalty rates set out in this award.
