AN150130 – Retail Industry (South Australia) Award

CLAUSE 6.2 OPERATION OF 38-HOUR WEEK
OPDATE 15:03:2006 1st pp on or after

6.2.1 In an establishment in which 21 or more employees bound by this Award who are working in any one week are employed the following provisions shall apply to the manner in which full-time employees are to work their ordinary hours:

6.2.1.1 A fixed or rotating day off in each 4-week period or by the working of a 9.5-hour day for each of 4 days as directed by the employer in any week; or

6.2.1.2 A specific written agreement between each employee and employer as to the manner of working ordinary hours. Such agreement may include the employee working on the basis of:

(a) a shorter working day of not more than 4 hours work in ordinary time on one day in each 2-week period;

(b) a shorter working day of not more than 6 hours work in ordinary time on one day in each week;

(c) a shorter working day of not more than 7.6 hours work in ordinary time on any day.

6.2.2 In an establishment in which between 10 to 20 employees bound by this Award who are working in any one week inclusive are employed the following provisions shall apply to the manner in which full-time employees are to work their ordinary hours:

6.2.2.1 A fixed or rotating day off in each 4-week period or by the working of a 9.5-hour day for each of the 4 days as directed by the employer in any week; or

6.2.2.2 A shorter working day of not more than 4 hours work in ordinary time on one day in each 2-week period; or

6.2.2.3 A shorter working day of not more than 6 hours work in ordinary time on one day in each week; or

6.2.2.4 A specific written agreement between an employee and the employer which provides for a shorter working day of not more than 7.6 hours work in ordinary time on any day.

6.2.3 In an establishment in which 9 or less employees bound by this Award who are working in any one week are employed the following options shall be available to determine the manner in which full-time employees are to work their ordinary hours:

6.2.3.1 A fixed or rotating day off in each 4-week period or by the working of a 9.5-hour day for each of the 4 days as directed by the employer in any week; or

6.2.3.2 A shorter working day of not more than 4 hours work in ordinary time on one day in each 2-week period; or

6.2.3.3 A shorter working day of not more than 6 hours in ordinary time on one day in each week; or

6.2.3.4 A shorter working day of not more than 7.6 hours work in ordinary time on any day.

6.2.4 In the event of a dispute arising concerning the method of operation of the 38-hour week to be applied in a particular establishment to an employee or employees of that establishment, that dispute may be referred for resolution to the Grievance Procedure in clause 3.3 of this Award.

6.2.5 An employer may with the agreement of the majority of employees in an establishment or with the individual employee concerned substitute the day or part of the day that the employees are or the individual employee is to take off. Such substituted day or part-day is to be arranged and taken as soon as practicable and in any event prior to the next rostered day or part-day off.

6.2.6 An employee may with the agreement of the employer substitute the day or part-day that the employee is to take off, such substituted day or part-day is to be taken as soon as practicable and in any event prior to the next rostered day or part-day off.

6.2.7 An employer may seek a specific written agreement for an alternative method of implementing the 38-hour week in accordance with this clause at any time during the employment of an employee, including at the time of engagement of a new full-time employee. Such an agreement may include a provision whereby the full-time employee may be rostered on no more than 20 starts in each 4-week period.

6.2.8 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:

6.2.8.1 An employee may elect, with the consent of the employer, to take a RDO at any time.

6.2.8.2 An employee may elect, with the consent of the employer, to take RDOs in part day amounts.

6.2.8.3 An employee may elect, with the consent of the employer, to accrue some or all RDOs 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.

6.2.9 Clause 6.2.8 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.