AN140293 – Tanning Industry Award

AN140293 – Tanning Industry Award - State 2004

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

6.1 HOURS

6.1.1 The ordinary working hours for day workers are to be an average of 38 per week but not exceeding 152 hours in a 28 day cycle unless otherwise elsewhere provided for herein.

6.1.2 The ordinary hours of work prescribed by clause 6.1.1 shall be worked continuously excluding meal breaks, between the hours of 6.00 a.m. and 6.00 p.m. from Monday to Friday inclusive. The spread of hours may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.

6.1.3 By arrangement between the employer, and the majority of employees in the enterprise or part of the enterprise concerned, ordinary hours not exceeding 12 on any one day may be worked subject to -

(a) Proper health monitoring procedures being introduced;

(b) Suitable roster arrangements being made;

(d) Adequate breaks being provided;

(e) An adequate trial or review process being implemented through a consultative process; and

(f) The employer and employee being guided by the ACTU code of conduct on 12 hour shift.

6.1.4 Implementation of 38 hour week - The 38 hour week shall be implemented on one of the following bases, most suitable to the particular business, after consultation with, and giving reasonable consideration to the wishes of the employees concerned:

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

(b) By employees working less than 8 ordinary hours on one or more days each work cycle; or

(d) 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.

6.1.5 Subject to the employer's right with 7 days' notice to fix or alter the daily hours of work from time to time within the spread of hours referred to in 6.1.2 and the employer's right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours may be by agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.

Matters upon which agreement may be reached include -

(a) How the hours are to be averaged within a work cycle established in accordance with clause 6.1.1.

(b) The duration of the work cycle for day workers provided that such duration shall not exceed 3 months.

(d) A period of notice of a rostered day off which is less than 4 weeks.

(e) Substitution of rostered days off.

(f) Accumulation of rostered days off.

(g) Arrangements which allow for flexibility in relation to the taking of rostered days off.

(h) Any arrangements of ordinary hours which exceed 8 hours in any day but does not exceed 10 hours in any one day.

6.1.6 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 employees' person shall be in the employee's time.

6.1.7 Hours outside those specified in clause 6.1 may be agreed upon in writing between the employer and the Union.

6.1.8 Subject to the provisions of clause 6.1.4, employees may agree that the ordinary hours of work are to exceed 8 on any day or shift, thus enabling more than one work day to be taken off during a particular work cycle.

6.1.9 Different methods of implementation of the 38 hour week may apply to individual employees, groups or sections of employees in the business concerned.

6.1.10 Shift work

Shift work may be worked, provided the hours of such shifts are to be mutually agreed to between the employer and the majority of the employees involved.