AN140205 – Pest Control 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 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 in one of the following ways:
(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 hour 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 shall be Monday to Sunday inclusive:
Provided that all time worked on weekends shall be paid for as follows:
(i) between midnight Friday and midnight Saturday: one and a-half times the ordinary time rate of pay for the first 3 hours, then double time thereafter, with a minimum of 2 hours work or payment therefore;
(ii) between midnight Saturday and midnight Sunday: at the rate of double-time with a minimum of 2 hours work or payment therefore.
(c) The ordinary hours of work prescribed in clause 6.1 shall be worked continuously, except for meal breaks, at the discretion of the employer, between 5.00 a.m. and 8.00 p.m. if there is agreement between the employer and the majority of employees concerned, the spread of hours prescribed in clause 6.1.1(c) may be altered as to all a section of employees.
Provided that work done outside the hours of 5.00 a.m. to 8.00 p.m. shall be paid at overtime rates but will be deemed to be part of the ordinary hours of work for the purposes of clause 6.1.1.
(d) The ordinary hours of work shall not exceed 10 hours on any 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:
Provided further that by arrangement between an employer, the Union and the majority of employees concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
(i) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12 hour shifts;
(ii) proper health monitoring procedures being introduced;
(iii) suitable roster arrangements being made; and
(iv) proper supervision being provided where available.
(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) The ordinary starting and finishing times of various groups of employees or individual employees, may be staggered:
Provided that there is agreement between the employer and the majority of employees concerned.
(g) Employees at Arnott Morrow Pty. Ltd. shall be engaged from 9.00 p.m. to 5.00 a.m. Monday to Saturday inclusive.
6.1.2 Shift workers
(a) For the purposes of clause 6.1:
(i) "day shift" means a shift commencing at or after 6.00 a.m. and before 12.00 noon;
(ii) "afternoon shift" means a shift commencing at or after 12.00 noon and before 6.00 p.m.;
(iii) "night shift" means a shift commencing at or after 6.00 p.m. and before 6.00 a.m.
(b) Subject to clauses 6.1.1 and 6.1.3, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 hours is achieved over a period which exceeds 28 consecutive days.
(c) The ordinary hours shall be worked continuously, except for meal breaks, at the discretion of the employer. An employee shall not be required to work for more than 5 hours without a break for a meal:
Provided that:
(i) the ordinary hours of work of shift workers shall not exceed 10 hours on any day;
(ii) in any arrangement of ordinary working hours where the ordinary working hours are to exceed 8 on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the work section or sections concerned; and
(iii)by agreement between an employer, the Union concerned and the majority of employees in the work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
(A) the employer and the employees concerned being guided by the occupational health and safety provisions of the ACTU Code of Conduct on 12 hour shifts;
(B) proper health and monitoring procedures being introduced;
(C) suitable roster arrangements being made;
(D) proper supervision being provided where available.
6.1.3 Working of a 38 hour week
(a) The 38 hour week shall be worked in one of the following ways, most suitable to the particular enterprise, 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 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 clauses 6.1.1(d) and 6.1.2(c) 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 of 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 that rostered day off was accrued. Consent to accrue rostered days off shall not be unreasonably withheld by either party.
(d) Different methods of working a 38 hour week may apply to individual employees, groups or sections of employees.
