AN140196 – Off-Shore Island Resorts Award

AN140196 – Off-Shore Island Resorts Award - State 2005

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

6.1 HOURS OF WORK

6.1.1 Operation of 38 hour week

(a) Subject to clause 6.1.2 (Implementation of a 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 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 days.

(b) The ordinary hours of work shall not exceed 10 hours per day.

(c) Where necessary, employees shall commence their ordinary hours and breaks at different times to ensure continuity of service.

(d) The ordinary starting and finishing times may be altered to suit geographic, safety, climatic or traffic conditions by the employer with the agreement of the majority of employees concerned:

Provided that any such altered starting and finishing time will not invoke any penalty payment that would not be payable if the Award spread of hours was observed.

(e) Employees are required to observe the nominated starting and finishing times for the work day, including designated breaks to maximise available working time. Preparation for work and cleaning up of the employee's person shall be in the employee's time.

(f) Where a rostered day falls on a public holiday, the following day may be taken where practicable in lieu thereof or the employee and the employer may agree to an alternative day off duty as substitution.

(g) Pay averaging

Employees shall be entitled to a week's wages in accordance with clause 5.2 for each week of the cycle.

(h) The entitlement to a rostered day off on full pay shall be subject to the following:

(i) Each day of paid leave taken (not including annual leave, long service leave) and any public holiday occurring during any cycle of 4 weeks shall be regarded as a day worked for accrual purposes.

(ii) An employee who has not worked a complete 4 week cycle in order to accrue a rostered day off shall be paid a pro rata amount for credits accrued for each day worked in such cycle payable for the rostered day off (i.e. an amount of 24 minutes for each 8 hour day worked or 2 hours for each 40 hours worked).

For the purposes of clause 6.1.1(h), "worked" includes paid leave referred to in clause 6.1.1(h)(i).

(i) Sickness on a rostered day off which has resulted from the 19 days month work cycle.

Where an employee is sick or injured on their rostered day off the employee shall not be entitled to sick pay nor shall their sick pay entitlement be reduced as a result of the sickness or injury on that day.

(j) Payment of wages

In the event that an employee by virtue of the arrangement of the employee's ordinary working hours is rostered off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following such pay day.

6.1.2 Implementation of a 38 hour week

(a) The 38 hour week shall be implemented on one of the following bases, most suitable to each location, 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) Subject to clause 6.1.2, 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 6.1.2, where the arrangement of ordinary hours of work provides for a rostered day off, the employer and the employee 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 in each location concerned.

6.1.3 Procedure for discussions - 38 hour week

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

(b) The object of such consultation shall be to reach agreement on the method of implementing and working the 38 hour week in accordance with clause 6.1.

(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 relevant employee or employer organisation.

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

(f) After implementation of the 38 hour week, 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 foregoing provisions of clause 6.1.3, including 6.1.3(e).

6.1.4 A roster setting out the employee's days off duty and starting and finishing times on such days shall be displayed in a place conveniently accessible to employees at least 3 days before the commencement of each week.

6.1.5 Rosters shall provide a minimum of 10 hours break between the finish of ordinary hours on one day and the commencement of ordinary hours on the following day.

6.1.6 The ordinary working hours for employees shall be an average of 38 hours per week to be worked on one of the following bases:

38 hours per 7 day cycle
76 hours per 14 day cycle
114 hours per 21 day cycle
172 hours per 28 day cycle

(a) A maximum of 8 hours per day may be worked on any one day within a spread of 16 hours per day from starting time, inclusive of meal breaks.

(b) Provided that each employee shall be entitled to two full days off each 7 day cycle and where practicable, such days off shall be consecutive.

(c) Provided further that by mutual (written) arrangement between the employee and the employer, such days off may be "banked" to enable the employee to accumulate a greater number of consecutive rostered days off during each work cycle in order to maximise quality leisure time. Such accumulated days rostered off shall be taken no later than 6 months after the first rostered day was due, or paid out on termination.

6.1.7 Employees shall not be rostered to work within 10 hours of the cessation of their previous rostered shift. Should an employee be rostered to work so that such employee will not have at least 10 consecutive hours off between rostered duty times then the employee shall, subject to clause 6.1.7, be released from work until the employee has had 10 consecutive hours off between rostered duty times. If, on the instruction of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off between rostered periods of duty, the employee shall be paid double rates until the employee is released from rostered duty at which stage the employee shall be entitled to be absent until the employee has had 10 consecutive hours off rostered duty without loss of pay for ordinary working time occurring during such absence:

Provided that for the purpose of clause 6.1.7, 8 hours shall be substituted for 10 hours where there is a changeover of rosters or where the employee and employer mutually agree to do so.

6.1.8 When an employee is required to work more than 5 days in any 7 day cycle, the 6th day worked shall be paid for at the rate of time and a-half and the 7th day worked at the rate of double time.

6.1.9 When an employee is required to work more than 10 days in a 14 day cycle, the 11th and 12th days worked will be paid for at the rate of time and a-half and the 13th and 14th days worked at the rate of double time.

6.1.10 When an employee is required to work more than 15 days in a 21 day cycle, the 16th, 17th and 18th days worked will be paid for at the rate of time and a-half and the 19th, 20th and 21st days worked at the rate of double time.

6.1.11 When an employee is required to work more than 20 days in a 28 day cycle, the 21st, 22nd, 23rd and 24th days worked shall be paid for at the rate of time and a-half and the 25th, 26th, 27th and 28th days worked at the rate of double time:

Provided that other than by (written) agreement between the employee and the employer, no employee shall be required to work more than 10 days in succession without having at least one RDO.

6.1.13 A roster setting out the employee's ordinary days of duty and starting and finishing times on such days shall be displayed in a place conveniently accessible to employees at least 3 days before the commencement of each roster.