AN140115 – Fertilizer Industry Award - State 2003

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 

6.1 HOURS OF WORK

6.1.1 Day workers

(a) Subject to clause 6.1.3 (Working of the 38 hour week), and subject to the exceptions hereinafter provided, the ordinary hours of work shall be an average of 38 per week, to be worked on one of the following bases:

(i) 38 hours within a work cycle not exceeding 7 consecutive days; or

(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or

(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or

(iv) 152 hours within a work cycle not exceeding 28 consecutive days.

(b) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks and rest pauses, between 6.00 a.m. and 6.00 p.m., Monday to Sunday inclusive. The spread of hours prescribed herein may be altered as to all or a section of employees provided there is agreement between the employer and the majority of employees concerned:

Provided further that work done outside the hours of 6.00 a.m. to 6.00 p.m. shall be paid at overtime rates and will be deemed to be part of the ordinary hours of work for the purposes of clause 6.1.

(c) The ordinary hours of work prescribed herein shall not exceed 10 hours on any one day:

Provided that where the ordinary working hours are to exceed 8 on any day, the arrangement of hours shall be subject to the agreement of the employer and the majority of employees concerned.

6.1.2 Where shift work is required to be performed, the hours of work for the respective shifts shall be as follows:

(a) Day shift - Commencing at 8.00 a.m. and ending at 4.00 p.m. Mondays to Fridays, inclusive.

(b) Afternoon shift - Commencing at 4.00 p.m. and ending at midnight Mondays to Fridays, inclusive.

(c) Night shift - Commencing at midnight on Sundays to Thursdays and ending at 8.00 a.m. on the following days.

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

The working of broken shifts shall not be permitted.

Where more than one shift per day is worked, one half-hour without break shall be allowed for meals in the employer's time during each shift in such a manner as not to interfere with the continuity of work. Day workers shall be allowed not less than one half-hour and not more than one hour for a meal which shall be taken during the 4th and 5th hour of each shift, such time not to count as working time.

6.1.3 Working of the 38 hour week

(a) The 38 hour week shall be worked in one of the following ways, most suitable to each employer, after consultation with, and giving reasonable consideration to the wishes of the employees concerned:

(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 work cycle; or

(iii) by fixing one or more work days 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 work day off during that cycle.

(b) Employees may agree that the ordinary hours of work are to exceed 8 on any day, thus enabling more than one work day to be taken off during a particular work cycle.

(c) Notwithstanding any other provision in clause 6.1, where the arrangement or ordinary hours of work provides for a rostered day off, the employer and the majority of employees concerned, may agree to accrue up to a maximum of 5 rostered days off. Where such agreement has been reached, the accrued rostered days off shall be taken within 12 calendar months of the date on which the first rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.

(d) Different methods of implementation of the 38 hour week may apply to individual employees, groups or sections of employees.

6.1.4 Procedures for enterprise level discussions

(a) The employer and all employees concerned in each enterprise will consult over the most appropriate means of working a 38 hour week.

(b) The objective of such consultation is to reach agreement on the method of working the 38 hour week in accordance with clause 6.1.

(c) The outcome of such consultation must be recorded in writing.

(d) In cases where agreement cannot be reached as a result of consultation between the parties, either party may request the assistance or advice of their Union or employer organisation.

(e) Notwithstanding the consultative procedures outlined above, and notwithstanding any lack of agreement by employees, the employer has the right to make the final determination as to the method by which the 38-hour week is to be worked from time to time.

(f) Upon giving 7 days' notice or such shorter period as may be mutually agreed upon, the method of working the 38 hour week may be altered, from time to time, following negotiations between the employer and employees concerned, utilising the provisions of clause 6.1.