AN160066 – Clerks (Commercial, Social and Professional Services) Award No. 14 of 1972
(1) (a) Subject to any other provisions of this award, the ordinary hours of duty shall not exceed thirty-eight hours in any one week or eight hours in any day and, at the discretion of the employer, may be worked in a five or five and a half day week Monday to Saturday inclusive.
(b) Where an ordinary hours work period commences prior to midnight on any day, that work period shall be deemed to have been worked on the day upon which the ordinary hours work period commenced. Provided, however, that the employee shall be paid the appropriate additional rates provided by Clause 7A. - Additional Rates for Ordinary Hours, or Clause 10. - Holidays, according to the actual hours worked in that work period.
(c) In establishments where, subject to subclause (5) of this clause, the ordinary hours of work:
(i) are worked over 19 days in each four week cycle, forty hours may be worked in any three weeks of such cycle; or
(ii) are worked over 9½ days in each two week cycle, forty hours may be worked in any one week of such cycle.
(2) (a) A meal break shall be taken at a time mutually arranged between the employer and the employee after no more than five hours of work. Such meal break shall be one hour, except in cases where the employer and the employee agree that the meal break shall be for a lesser period not shorter than thirty minutes.
(b) A minimum of one refreshment break shall be allowed during working hours.
(3) In the week commencing on Monday immediately preceding Easter Day the week's work in ordinary hours shall be thirty two hours on the basis of eight hours each Monday to Thursday inclusive without thereby making the employer liable for payment of overtime by reason of the fact that in a pay week of which any part of such period forms a part the ordinary hours exceed forty.
(4) (a) Notwithstanding the provisions of this Award contained elsewhere than in this subclause, when New Year's Day, Anzac Day, Christmas Day or Boxing Day falls on a Saturday an employee who does not work on that Saturday is nevertheless entitled to be paid for each of the two weeks preceding that Saturday his ordinary weekly wage and the starting and/or finishing time on any day or days in those two weeks may be varied by the employer so that the ordinary hours usually worked by an employee may be increased in each of those weeks by the ordinary hours usually worked by that employee on Saturday.
(b) Where an employer varies the starting and/or finishing time in accordance with this subclause, an employee shall be paid the ordinary weekly wage for each of those two weeks unless the hours worked by him on any day in that period exceeds eight in which case such excess time shall be paid for at overtime rates.
(c) This subclause does not apply to a casual employee.
(5) In those establishments where immediately prior to the first day of January 1986 the ordinary hours of duty exceeded 38 in any one week the 38 hour week shall be implemented -
(a) Where specific agreement is reached between the employer and employees affected, by one of the following methods:
(i) by employees being required to work not more than 19 days in each 4 week cycle; or
(ii) by employees being required to work not more than 4 hours on one day of each 2 week cycle; or
(iii) by employees being required to work not more than 6 hours on one day of each week; or
(iv) by employees being required to work less than 8 ordinary hours on each day.
(b) In the event of agreement not being reached under paragraph (a) of this subclause, by the following methods:
(i) In establishments employing 15 or more employees per week in accordance with this Award, the paragraph (a)(i) method only shall be applied.
(ii) In establishments employing more than 5 but less than 15 employees per week in accordance with this Award, any of the methods of paragraph (a)(i), (a)(ii) or (a)(iii) only shall be applied.
(iii) In establishments employing 5 or less employees per week in accordance with this Award any of the paragraph (a) methods shall be applied.
(c) In any case where agreement is reached between an employer and an employee pursuant to paragraph (a) of this subclause, the Union shall be notified in writing no later than 7 days prior to the implementation of such agreement.
(d) Any dispute concerning the method of implementation shall be referred to the Commission for determination.
(e) An employee shall not be required to work on a day or partial day when such a day is the rostered day or partial day off (pursuant to the provisions of paragraphs (a) and (b) of this subclause) for that employee, unless such employee elects to work on such day. Where an employee so elects, all time worked shall be paid for at double time, with a minimum payment of four hours at double time.
(f) By agreement, employees may request an alternate day to the rostered day off within the current cycle for personal reasons.
(g) Schedules of rostered days off will be published and displayed in a place accessible to staff one month in advance.
(h) If a public holiday falls on a rostered day off due to an employee under placitum (i) or (ii) of paragraph (a) of this subclause, such employee shall be compensated in one of the following methods by agreement between the employer and the employee:
(i) payment of an additional day's wages; or
(ii) another day shall be allowed with pay within 28 days; or
(iii) an additional day shall be added to the annual leave entitlement.
(6) Notwithstanding the other provisions of this clause an employer and the Union may agree that ordinary hours shall be worked on such other basis as may be agreed. Such agreement shall be in writing.
