AN120484 – Saddlery, Leather, Canvas and Plastic Material Workers' (State) Award

11A. IMPLEMENTATION OF 38-HOUR WEEK

(a) The ordinary hours of work shall be an average of 38 per week as provided in clause 11, Hours of Work, Meal Times and Rest Periods.

(b) Except as provided in subclauses (e) and (f) of this clause, the method of implementation of the 38-hour week may be one of the following:

(i) By employees working less than 8 ordinary hours each day; or

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

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

(iv) 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.

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

(d) In the absence of agreement at plant level, the matter shall be referred:

(i) To the Secretary of the Union or nominee, at which level a conference of the parties shall be convened without delay.

(ii) In the absence of agreement, either party may refer the matter to a tribunal established pursuant to the Industrial Relations Act 1996, for resolution.

(e) Subject to the provisions of the said clause 11, 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 8 on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.

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

(g) Notice of Days Off

Except as provided in subclause (h) of this clause, in cases where, by virtue of the arrangement of his/her ordinary working hours, an employee, in accordance with paragraphs (b)(iii) and (b)(iv) of this clause, 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 weekday he/she is to take off.

(h) Substitute Days

(i) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with paragraphs (b)(iii) and (b)(iv) 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.

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

(i) Banking of Rostered Days Off

Where implementation of the 38-hour week is agreed to in accordance with paragraphs (b)(iii) or (b)(iv) of this clause, an employer and the majority of the employees concerned may agree to a banking system of rostered days off, provided that no more than 5 days may be banked for any employee in any one period. An employee shall therefore work on what would normally have been his/her rostered day off and accrue an entitlement to bank a rostered day off to be taken at a mutually convenient time for both the employer and the employee. No penalty payments shall be made to employees working on a day which would otherwise have been a rostered day off and in no circumstances shall the employee lose his/her entitlement to the banked days or, in the event of termination only, payment in lieu thereof.