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

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

37. EMERGENCY POWER ARRANGEMENTS

(a) Notwithstanding anything elsewhere contained in this award, the following provisions shall apply in the case of an employer who is subjected to restriction or rationing in the use of electric energy and/or gas and/or the emergency disconnection thereof in accordance with the orders or regulations approved or issued by the appropriate lawful authority in the State covered by this award.

(i) If by reason of such restriction or rationing or emergency disconnection the employee is unable usefully to employ an employee for the whole or any part of any day the employee may deduct from the wages of that employee payment for any part of the day such employee cannot be usefully employed, provided that -

(a) if an employer requires the employee to attend for work but is not able to employ the employee usefully, the employee shall be entitled to be paid for two hours' work;

(b) where an employee commences work, the employee shall be entitled to be paid for a minimum of four hours' work.

(ii) The employer may require any day worker to perform ordinary hours of work (or any of such ordinary hours of work) at any time on any day on the basis of an average of 38 hours per week; provided that in the State of New South Wales a day worker shall not be required to work on a Sunday. The following rates of pay shall apply for such work.

(a) For work performed on Mondays to Fridays from 7.00 a.m. to 5.30 p.m. and on Saturdays from 7.00 a.m. to noon - ordinary time.

(b) For work performed at all other times - ordinary rates plus 10 per cent.

Provided that when a day worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m. the amount that the employee shall receive shall not be less than an amount of 50 per cent more than the amount the employee would receive if paid at ordinary day rates.

(iii) The employer may alter the times at which meal breaks are usually taken and/or the duration of them in order to avoid or mitigate the effects of such restriction or rationing, without being liable to pay penalty rates for work done during the normal meal breaks; provided that the commencing time of any meal break is not made more than one hour earlier or later than usual and that a meal break of at least twenty minutes is allowed.

Provided also that the employer shall, whenever it is practicable, consult with the representatives of the union before acting under this paragraph.

(b) Notwithstanding anything elsewhere contained in this award, the provisions of this clause shall apply (mutatis mutandis) in the case of an employer who uses auxiliary power plant for the purpose of providing employment for employees whilst such restriction, rationing or emergency disconnection is in force and who -

(i) is unable to usefully employ an employee for the whole of any day by reason of a breakdown in such plant through no fault of his/he own; or

(ii) because of the inability of the auxiliary power plant to meet the normal demands of power -

(a) finds it necessary to require any employee to perform the employees ordinary hours of work (or any of such ordinary hours of work) outside the hours normally worked by such employee; or

(b) finds it necessary to alter the time at which meal breaks are usually taken and/or the duration of them.