AN120196 – Engine Drivers General (State) Award

20. IMPLEMENTATION OF 38-HOUR WEEK

20.1 The ordinary hours of work shall be an average of 38 per week as provided in clause 18, Hours - Other Than Shift Work; and

20.2 Except as provided in subclauses 20.5 and 20.6, the method of implementation of the 38 hour week may be any one of the following:

(a) by employees working less than 8 ordinary hours each day; or

(b) by employees working less than 8 ordinary hours on one or more days each week; or

(c) by fixing one weekday on which all employees will be off during a particular work cycle; or

(d) by rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

(e) for the purposes of clause 18 any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed in accordance with clause 18.

20.3 In each plant, an assessment should be made as to which method of implementation bests suits the business and the proposal shall be discussed with the employees concerned.

20.4 In the absence of agreement at plant level, the procedure for resolving special, anomalous or extraordinary problems shall be applied in accordance with clause 33 Dispute Resolution Procedure, of this award. The procedure shall be applied without delay.

20.5 Subject to the provisions of clause 18, Hours - Other Than Shift Work, and clause 19, Shift Work, of this award, the employer and the majority of employees in the plant or section or sections concerned may agree that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

20.6 Circumstances may arise where different methods of implementation of a thirty-eight hour week apply to various groups or sections of employees in the plant or establishment concerned.

20.7 Notice of Days Off - Except as provided in 20.8(a) and (b), in cases where, by virtue of the arrangement of their ordinary hours, an employee, in accordance with 20.2(c) and (d) hereof is entitled to a day off during their work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off; provided that a lesser period of notice may be agreed by the employer and the majority of employees in the plant or section or sections concerned.

20.8 Substitute Days –

(a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with 20.2(a) and (b) of this clause, for another day in the case of a breakdown in machinery or a 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.

(b) An individual employee, with the agreement of their employer may substitute the day the employee is to take off for another day.

20.9 Flexibility in Relation to Rostered Days Off - Notwithstanding any other provision in this clause, where the hours of work of an establishment, plant or section are organised in accordance with 20.2 (c) and (d) hereof an employer, the union or unions concerned and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

20.10 Where such agreement has been reached the accrued rostered days off must be taken within 12 months.

It is understood between the parties that the involvement of the union or unions concerned would be necessary in cases where it or they have members in the plants concerned and not in non-union establishments.

20.11 Procedure For In Plant Discussions

(a) Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38-hour week in accordance with the award, and entailing an objective review of current practices to establish where improvements can be made and implemented.

(b) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, including and overcoming of language difficulties.

(c) The procedures should allow for the monitoring of agreements and understandings reached in plant.

(d) in cases where agreement cannot be reached in plant in the first instance or where problems arise after initial agreements or understandings have been achieved in plant, a formal monitoring procedure shall apply.

(e) Separate to these procedures the employer organisations may provide assistance and guidance to their members on the subject matters to be dealt with in-plant discussions and on other relevant matters.