AN150038 – Clerks (Retail Industry) Award

CLAUSE 6.1 HOURS OF WORK
OPDATE 12:03:2004 on and from

6.1.1 Subject to clause 6.1.7 the ordinary working hours of employees other than casuals or part-time employees will be an average of 38 per week to be worked on one of the following basis:

6.1.1.1 38 hours within a work cycle not exceeding 7 consecutive days; or

6.1.1.2 76 hours within a work cycle not exceeding 14 consecutive days; or

6.1.1.3 114 hours within a work cycle not exceeding 21 consecutive days; or

6.1.1.4 152 hours within a work cycle not exceeding 28 consecutive days.

6.1.2 Spread of Ordinary Hours

6.1.2.1 The ordinary hours of work will be 38 per week to be worked within the Central Shopping District between the following specified times:

Monday 7:00am to 6:30pm Tuesday 7:00am to 6:30pm Wednesday 7:00am to 6:30pm Thursday 7:00am to 6:30pm Friday 7:00am to 9:30pm Saturday 7:00am to 5:00pm

Where an establishment does not trade after 12:30pm on Saturday in any given week, the ordinary hours of work on that Saturday will cease at 12:30pm.

6.1.2.2 The ordinary hours of work will be 38 per week to be worked within the Metropolitan Shopping District between the following specified times:

Monday 7:00am to 6:30pm Tuesday 7:00am to 6:30pm Wednesday 7:00am to 6:30pm Thursday 7:00am to 9.30pm Friday 7:00am to 6.30pm Saturday 7:00am to 5:00pm

Where an establishment does not trade after 12:30pm on Saturday in any given week, the ordinary hours of work on that Saturday will cease at 12:30pm.

6.1.2.3 Where a store is not situated within either the Metropolitan Shopping District or the Central Shopping District, the ordinary hours of work will be 38 per week, to be worked between the following specified times:

Monday 7:00am to 6:30pm Tuesday 7:00am to 6:30pm Wednesday 7:00am to 6:30pm Thursday 7:00am to 9:30pm Friday 7:00am to 6:30pm Saturday 7:00am to 5:00pm

6.1.2.4 Where the day of late night trading is usually held on a day other than that nominated in sub-clauses 6.1.2.1, 6.1.2.2 or 6.1.2.3, ordinary hours will cease at 9:30pm on the day of late night trading in lieu of 6:30pm. When this occurs, ordinary hours on the day nominated in clause 6.1.2.1, 6.1.2.2 or 6.1.2.3 will cease at 6:30pm.

Where an establishment does not trade after 12:30pm on Saturday in any given week, the ordinary hours of work on that Saturday will cease at 12:30pm.

6.1.3 Limit of ordinary hours

Subject to the provisions of clause 6.1.7 the ordinary hours will not exceed:

6.1.3.1 12 hours on any one day in a week;

6.1.3.2 9 hours on any day in the week other than the day on which 12 hours are worked;

6.1.3.3 84 hours in any 2 week period;

6.1.3.4 152 hours in any 4 week period;

6.1.4 Work Rosters

6.1.4.1 Subject to the provisions of clause 6.1.7:-

6.1.4.1(a) No full-time or part-time employee will work more than 20 ordinary time starts in any period of 4 consecutive weeks.

6.1.4.1(b) No full-time or part-time employee will work more than 11 ordinary time starts in any period of 2 consecutive weeks.

6.1.4.1(c) Where an employee works on 6 consecutive ordinary time starts in a week, the employee will be allowed two consecutive days off work unless otherwise agreed between the employer and the employee.

6.1.4.2 If, as a consequence of changes to an employers trading hours to include trading on Saturday after 12:30pm, work rosters of an existing full-time or part-time employee determined by an employer pursuant to this clause are varied, such rosters should be determined by the employer in consultation with the individual employee or the Union.

6.1.4.3 Full-time or part-time employees must be provided in advance with regular notice of their work rosters. Notice of any change of rosters for full-time and part-time employees will be given at least one week prior to the change unless the employer and employee mutually agree to a lesser period of notice.

6.1.5 Ordinary hours worked pursuant to this clause will be worked consecutively except for the meal break as provided by this Award.

6.1.6 Implementation of 38 hour week

The method of implementation of the 38 hour week as provided in clause 6.1 may be any of the following:-

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

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

(c) employees working less than 8 ordinary hours on one or more days each fortnight; or

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

(e) fix one programmed weekday on which all employees will be off during a particular work cycle; or

(f) any other arrangement mutually agreed between employer and employee; or

(g) continuation of existing arrangements where 38 hours per week or less are currently being worked.

6.1.7 Banking of rostered time off

6.1.7.1 Where the option of rostered time off is adopted in implementing the 38 hour week the employers have the right to require, and the employees the right to request, that rostered time off accumulate to a maximum of 5 working days, at which time the rostered time off must be taken.

6.1.7.2 Despite provisions elsewhere in the Award, the employer and the majority of employees at an enterprise may agree to establish a system of Rostered Days Off (RDOs) to provide that:

6.1.7.2(a) an employee may elect, with the consent of the employer, to take a rostered day off at any time.

6.1.7.2(b) an employee may elect, with the consent of the employer, to take a rostered day off in part day amounts.

6.1.7.2(c) an employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer, or subject to reasonable notice by the employee or the employer.

6.1.7.2(d) this subclause is subject to the employer informing the Union where the Union, has member(s) employed at the enterprise, of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the Union to participate in negotiations.

6.1.7.2(e) once a decision has been taken to introduce an enterprise system of RDO flexibility, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to Section 102 of the Act.

6.1.7.2(f) an employer will record RDO arrangements in the time and wages book as prescribed in Section 102 of the Act at each time this provision is used.

6.1.8 Procedures to implement 38 hour week or change of arrangements after initial implementation

6.1.8.1 In each establishment, an assessment should be made as to which method of implementation best suits that establishment, and the proposal will be discussed with the employees concerned, the objective being to reach agreement on the method of implementation.

6.1.8.2 In the absence of agreement being reached in respect of the implementation of the 38 hour week, the following procedures will be applied:-

6.1.8.2(a) Consultation will take place between the employer and the employees concerned.

6.1.8.2(b) If the matter is unresolved it may be referred to the Secretary of the Union or the deputy, at which level a conference of the parties will be convened without delay. At that stage the employer may call in an employer association to assist in discussions. Any agreement reached is to be recorded and complied with by the parties.

6.1.8.2(c) If the matter still remains unresolved the parties, without prejudice as to final settlement, may seek the assistance of the Commission.

6.1.8.3 Where after initial implementation, a change of arrangement for working the 38 hour week is sought, the procedures outlined in subclause 6.1.8.1 and 6.1.8.2 will be followed.