AN150039 – Clerks' (South Australia) Award

CLAUSE 6.1 HOURS OF WORK
OPDATE 26:08:97 1st pp on or after

6.1.1 Maximum Ordinary Hours

The maximum number of ordinary working hours of employees other than part-time employees will be an average of 38 hours per week to be worked on one of the following basis:

6.1.1.1 38 hours within a work cycle not exceeding seven 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 and Penalties

6.1.2.1 Subject to 6.1.2.2 employees may be required to work their ordinary hours between the hours of 7.00 am and 5.30 pm Monday to Friday inclusive.

6.1.2.2 Despite 6.1.2.1 employees may be contracted to work their ordinary hours between 6.00 am and midnight Monday to Friday. Contracts in existence prior to the first pay period commencing on or after 18 July 1988 can only be changed in respect of these provisions by mutual agreement between the employer and the employee.

6.1.2.3 For ordinary hours worked outside 7.00 am to 5.30 pm pursuant to 6.1.2.2 Monday to Friday employees will be paid at one and half times the ordinary hourly rate of pay for the first 3 hours and twice the ordinary hourly rate thereafter.

6.1.2.4 Ordinary hours must not exceed eight (8) on any day unless an employer or individual employee requests and the employer and the individual employee genuinely agree in which case a maximum of ten (10) ordinary hours may be worked on any day Monday to Friday inclusive.

6.1.2.5 Where any employee agrees in any particular week to work more than eight (8) ordinary hours per day, then ordinary hours per week must be worked over 4 starts only.

6.1.2.6 Where a public holiday falls on an employee’s rest day off, that employee must be allowed an additional day off with pay to be taken at a time mutually agreed between the employer and the employee.

6.1.3 Resolution of Disputes

6.1.3.1 An employer and employee may agree to any combination of hours of work within a work cycle as specified in 6.1.1 provided that in the absence of agreement being reached in respect to the hours of work, the disputes settlement procedure as specified in 3.2 will be followed.

6.1.3.2 In each establishment, an assessment will be made as to the best method of hours of work to suit the establishment and the proposal will be discussed with employees with the objective being to reach agreement on the method of operation of the hours of work. In the absence of such agreement between the employer and the employee, the dispute settlement procedure as set out in 3.2 will be followed.

6.1.4 Rostered Days Off (RDO)

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

6.1.4.2 Despite provisions elsewhere in the Award the employer and the majority of employees at an enterprise may agree to establish a system of RDO to provide that:

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

6.1.4.2.2 an employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

6.1.4.2.3 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.

6.1.4.3 Provision 6.1.4.2 is subject to the employer informing the Union of the intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the Union to participate in negotiations.

6.1.5 Make Up Time

6.1.5.1 Despite provisions elsewhere in the Award the employer the majority of employees at an enterprise may agree to establish a system of ‘make up time’ provided that:

6.1.5.1.1 an employee may elect, with the consent of the employer, to work ‘make up time’ under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award.

6.1.5.1.2 an employee on shiftwork may elect with the consent of the employer, to work ‘make up time’ under which the employee takes time off during ordinary hours and works those hours at a later time at the shiftwork rate which would have been applicable to the hours taken off.

6.1.5.2 The provisions of 6.1.5.1 are subject to the employer informing the Union of the intention to introduce an enterprise system of ‘make up time’ and providing a reasonable opportunity for the Union to participate in negotiations.