AN120221 – Funeral Industries (State) Award 2005

PART I - FUNERAL DIRECTORS 

3. HOURS

(i) Weekly Employees - Day Workers

(a) The ordinary working hours for all employees, other than Resident Managers, Relieving Managers, Non-Resident Officers and Duty Officers, shall be an average of 38 hours per week worked in accordance with the following provisions for a four-week work cycle.

(1) Subject to sub-paragraph 3, ordinary working hours shall be worked as a 20 day, four week cycle of eight hours each, Monday to Friday, inclusive, between the hours of 7.00 a.m. and 8.00p.m with 0.4 (2/5ths) of one hour each day worked accruing as an entitlement to take one day off during the four week cycle as a rostered day off, paid for as though worked.

(2) Subject to sub-paragraph 9, the rostered day off shall be taken within the four- week cycle, between Mondays to Friday, on a day allocated by the employer.

(3) Without limiting the right of an employer to stagger commencing and finishing times in accordance with sub-paragraph (1), an employer may enter into agreement with its employees, on an individual or collective basis, to provide for the alteration of commencing time earlier than 7.00 a.m. provided that the ordinary hours shall not exceed eight per day.

(4) In cases of emergency, the ordinary commencing and finishing times of work shall be alterable by giving at least 3 day's notice to the employee(s) concerned.

(5) Except as provided for in sub-paragraphs, (6), (7), or (8) of this paragraph, in cases where an employee, in accordance with sub-paragraph (1) hereof, is entitled to a day off during his/her work cycle such employee shall be advised by the employer at least 4 weeks in advance of the week day he/she is to take off.

(6) In the case of an emergency, and if at least one day's notice is given, an employer may substitute the employee's rostered day off for another day.

(7) An employee who is required by his/her employer to work on his/her rostered day off in circumstances other than those in sub-paragraph (6) shall be granted an alternative day off to be taken at a mutually agreed time.

(8) An individual employee, with the agreement of his/her employer, may substitute the day he/she is to take off for another day.

(9) An employer may hold up to a maximum of 5 days accrued in accordance with sub-paragraph (1).

The accrued days are to be taken at a time mutually agreed between the employer and the employee, but within twelve months of the date the first rostered day off accrued under this sub-paragraph.

(10) In the absence of agreement being reached between an employer and its employees on any of the abovementioned matters, the Disputes Procedure of this Award shall be used to resolve the issue. Failing this, the parties shall refer the matter to the Industrial Commission of New South Wales for resolution.

(11) The ordinary hours of work of resident managers and relieving managers shall be in accordance with subparagraph (1) of this paragraph except that such hours may be worked Monday to Saturday, inclusive.

(12) The ordinary hours of work of non-resident officers and duty officers shall be in accordance with subparagraph (1) of this paragraph; provided that such hours shall be worked between the hours of 7.00 a.m. and 10.00 p.m.; and provided further that all ordinary hours worked by non-resident officers and duty officers which commence at 12 noon or thereafter shall be paid for at the ordinary rate of wage as provided for in subclause (i) of Clause 5 - Wages, of this award, plus 15 per cent.

(13) A resident manager may, by agreement between the employee and the employer, take a Sunday off in lieu of a rostered day off.

(ii) Casual Employees

(a) The ordinary working hours of casual employees shall be a minimum of four hours per day.

(b) Commencing and ceasing times:

(1) Casuals may work ordinary hours between 7.00 a.m. and 8.00 p.m. Monday to Saturday inclusive.

(2) During ordinary hours, Casuals shall work a minimum four hours for each start. Outside of ordinary hours Casuals shall work a minimum of two hours for each start.

(iii) Afternoon Shift Workers

(a) The ordinary hours of work for afternoon shift workers shall be worked as a twenty-day, four-week cycle of eight hours each, Monday to Friday, inclusive, between the hours of 11.00 a.m. and 8.00 p.m., and shall be paid for at the ordinary rate of wage as provided for in subclause (i) of Clause 5 - Wages, of this award, plus 15 per cent, with a meal break of not less than forty-five minutes nor more than one hour on each day worked, to be taken when required by the employer with 0.4 (2/5) of one hour each day worked accruing as an entitlement to take one pre-determined day as a day off paid for as though worked, provided that such day off shall be taken in accordance with subparagraph (2) of paragraph (a) of subclause (i) of this clause and provided further that no hours shall be accrued in respect of any overtime worked, whether worked on an ordinary working day or on an overtime day.

(iv) For the purposes of subclauses (i) and (iii) of this clause, the words "each day worked" shall include each day of annual leave taken but shall not include any day taken on any other form of leave whether or not the other form of leave is paid or unpaid leave