AN120221 – Funeral Industries (State) Award 2005
(i) Every employer shall, by legible notice which shall bear the date when it is fixed, exhibit and shall keep exhibited in a place accessible to employees, the starting and finishing times for each employee, other than casual, for each day of the week within the span of hours in Clause 3 - Hours, of this award. Except as provided for in sub-paragraphs 3 and 4 of Clause 3 - Hours, Clause 15 - Meal Times, Crib Times and Meal Allowances, of this award, as to meal breaks, such roster shall not be changed unless not less than seven days notice is given by posting such alteration in the yard.
(ii)
(a) All Resident Managers and Resident Arranging Officers working under this award shall be given at least one day off duty in each week. Such day off duty, excepting in the circumstances mentioned in subclauses (vii) and (viii) of this clause, shall be a full 24 hours' duration. Such day off duty shall be a rostered day, Monday to Saturday, inclusive, provided that on ten occasions per year such rostered time off shall be for a period of 36 hours. Such 36-hour period off duty shall be arranged by agreement between the employer and the employee and shall be between 8.00 a.m. on the first day and 8.00 p.m. on the following day, subject to the availability of relief or other resident officers in the same organisation being not off duty. All other employees working in accordance with paragraph (b) of subclause (ii) of Clause 3 - Hours, of this award, shall be given at least one rostered day off duty in each week; provided that unless mutually agreed, relieving managers will be rostered off at least fifty per cent on Saturdays.
(b) Where an employee's rostered day off duty falls on any of the days specified as a holiday in Clause 17 - Holidays, of this award, and he/she is deprived of a day off, the employee shall be given another day off duty within fourteen days.
(iii) A roster shall be posted at each place of employment setting out days off duty not less than four weeks in advance and a register of days off duty actually taken shall be kept at each work place.
(iv) Redirection services may be utilised by an employer during those hours where a resident manager is on his/her rostered days off duty, on annual leave or absent from the premises for any other reason, if the employer does not consider a relieving manager necessary.
(v) It is the employer's prerogative to determine, after having considered all factors connected with
a particular branch or head office, how he/she wants any particular premises attended to, i.e., by resident officers, relieving officers, non-resident officers, answer telephone or redirection signs or services or any combination of them.
(vi) Resident Managers, Resident Arranging Officers, Relieving Managers, Non-Resident Officers and Duty Officers shall, when required for relief work in accordance with this clause, participate in rosters and work overtime to meet the needs of the industry.
(vii) Notwithstanding anything elsewhere contained in this clause, where, through any emergency or unforeseen accident, proof whereof shall be upon the employer, the employer is unable to provide relief after 11.00 p.m., and where the employer considers it necessary to have an officer in attendance on the premises, by mutual arrangement the resident manager may be required to return to the premises at 11.00 p.m. In such cases the resident manager will be compensated by an additional half day off.
(viii) Notwithstanding anything elsewhere contained in this clause where, through any emergency or unforeseen accident, proof whereof shall be upon the employer, an employee is required by the employer to work on the rostered day off duty, shall be given another day off duty within fourteen days after he/she has worked on such day.
(ix) In addition to the days off prescribed in paragraph (a) of subclause (ii) of this clause, Resident Managers and Resident Arranging Officers shall be allowed an additional five days off duty in each year, such days off shall be between 8.00 a.m. and 5.00 p.m. and shall be taken as arranged between the Resident Arranging Officers and the employer.
(x) The spouse of the Resident Manager or Resident Arranging Officer shall be allowed the same days off duty.
(xi) An employee, when relieving a Resident Manager or Resident Arranging Officer on his/her 24 hours off duty, shall be paid the applicable overtime rates from the employee’s rostered finishing time for all time worked until 11.00 p.m.; provided that this clause shall not apply to a Resident Manager or Resident Arranging Officer relieving in accordance with paragraph (b) of subclause (x) of Clause 6 - Overtime, of this award.
(xii) An employee, when relieving a Resident Manager on his/her 24 hours off duty, who is required to remain on the premises overnight shall be paid the appropriate overtime rates from the employee’s rostered finishing time until 11.00 p.m.; provided that this provision shall not apply to a Resident Manager relieving in accordance with paragraph (b) of subclause (x) of Clause 6 - Overtime, of this award. For the period 11.00 p.m. until 8.00 a.m., he/she will be paid the appropriate stand-by rate as provided in subclause (vi) of Clause 6 - Overtime, of this award; provided that subclause (iii) of Clause 6 - Overtime, of this award shall not apply.
(xiii) An employee, when relieving a Resident Manager or Resident Arranging Officer who is off duty on a Sunday or holiday will be given a day off in lieu at a time mutually agreed between the employer and the employee for being in attendance at head office or a branch from 8.00 a.m. until 5.00 p.m. on such day. The provisions of subclauses (xi) and (xii) of this clause shall apply to any time worked after 5.00 p.m.
