AN150130 – Retail Industry (South Australia) Award

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK AND PUBLIC HOLIDAY WORK 

CLAUSE 6.1 HOURS OF WORK
OPDATE 15:03:2006 1st pp on or after

6.1.1 Spread of ordinary hours for employees paid pursuant to Schedules 1 and 2 and Canteen Employees paid pursuant to Schedule 3

6.1.1.1 The ordinary hours of work shall not exceed an average of 38 hours per week to be worked between the following specified times:

Monday to Friday:	7.00 am to 9.30 pm
Saturday:	7.00 am to 5.30 pm
Sunday:	7.00 am to 5.30 pm

Where, prior to 1 December 2004, an establishment did not trade after 12.30 pm on Saturday, and if that establishment elects to continue to not trade after 12.30pm on Saturday, the ordinary hours of work for that establishment shall be:

Monday to Friday:	7.00 am to 6.30 pm
On the specifically designated late night trading day	7.00 am to 9.30 pm
Saturday:	7.00 am to 12.30 pm

Where it is unlawful for a particular shop to trade on any particular Sunday, the spread of ordinary hours set out in this clause in relation to Sunday does not apply in respect of that particular Sunday.

6.1.1.2 Late night trade

6.1.1.2(a) A reference in this Award to specifically designated late night trading day shall mean that day of the week nominated by the employer as being the late trading night for the purposes of this clause. In the absence of a specific nomination by the employer, it will be Friday in the Adelaide central business district and Thursday in other areas of South Australia.

6.1.1.2(b) For the purpose of facilitating late night trading, an employer may nominate one (only) day from Monday to Friday inclusive that shall become the specifically designated late night trading day.

6.1.1.2(c) Where a public holiday displaces, or significantly disrupts, the specifically designated late night trading day then the employer may nominate another day from Monday to Friday inclusive for a substitute day of late night trade for that week. This is subject to the proviso that the employer observes the required notice period for a variation to rosters pursuant to clause 6.1.3.3.

6.1.1.3 In respect of the employment of employees engaged in stock preparation, stock ordering, restocking fixtures, fixture assembly and stock pricing (including scanning price changes and testing), the ordinary hours of work may commence at 6.30am in lieu of 7.00am.

6.1.1.4 In respect of the employment of persons classified as Storeperson/Packer and Warehouse Employee, the ordinary hours of work may commence at 6.00am in lieu of the 7.00am prescribed in clause 6.1.1.1.

6.1.1.5 For employees employed in connection with the supply of food or beverage in a canteen which is located in or about a shop operated by an employer otherwise bound by this Award, the ordinary hours of work shall be an average of 38 per week. Ordinary hours for those employees shall be worked within the spread of ordinary hours set out in clause 6.1.1.1.

6.1.1.6 Specific provisions for employees employed in or in connection with any cafe, restaurant, tea room or takeaway chicken and fish shop (where these establishments are located in or about a shop operated by an employer otherwise bound by this award) are to be found in clause 4.8.

6.1.1.7 Specific provisions for employees paid pursuant to Schedule 4 are to be found in clause 4.10.

6.1.2 Limit of ordinary hours for employees paid pursuant to Schedules 1 and 2 and Canteen Employees paid pursuant to Schedule 3

6.1.2.1 Ordinary hours shall not exceed:

(a) 12 hours on any one day in a week;

(b) 9 hours on any day in the week other than the day on which 12 hours are worked (this provision is subject to the operation of clauses 6.2.1.1, 6.2.2.1 and 6.2.3.1);

(c) 84 hours in any 2-week period;

(d) 152 hours in any 4-week period.

6.1.2.2 This clause 6.1.2 does not apply to employees employed in or in connection with the supply of food or beverage in a cafe, a restaurant, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award. Specific provisions for these employees are to be found in clause 4.8. This clause also has no application to employees paid pursuant to Schedule 4. Specific provision for these employees is contained in clause 4.10.

6.1.3 Work rosters for employees paid pursuant to Schedules 1 and 2 and Canteen Employees paid pursuant to Schedule 3

6.1.3.1 This clause 6.1.3 is subject to clause 6.2 Operation of 38-Hour Week.

6.1.3.2 No full-time or part-time employee shall work more than 20 ordinary time starts in any period of 4 consecutive weeks. No full-time or part-time employee shall work more than 11 ordinary time starts in any period of 2 consecutive weeks. Where such an employee works 6 consecutive ordinary time starts in a week, the employee shall be allowed two consecutive days off work unless otherwise agreed between the employer and the employee.

6.1.3.3 If, as a consequence of changes to an employer's 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.

6.1.3.4 Full-time and 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 shall be given at least one week prior to the change unless the employer and employee mutually agree to a lesser period of notice.

6.1.3.5 This clause 6.1.3 does not apply to employees employed in or in connection with the supply of food or beverage in a cafe, a restaurant, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award. Specific provisions for these employees are to be found in clause 4.8 of this Award. This clause also has no application to employees paid pursuant to Schedule 4. Specific provision for these employees is contained in clause 4.10.

6.1.4 Make up time

6.1.4.1 Despite provisions elsewhere in the Award the employer and the majority of employees at an enterprise may agree to establish a system of “make up time” provided that 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.

6.1.4.2 Clause 6.1.4.1 is 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.