AN160222 – Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
(1) (a) The provisions of this clause apply to all employees to whom this award applies.
Subject to the provisions of this clause, the ordinary hours of work shall be an average of not more than 38 per week to be worked on one of the following bases.
(i) 38 hours within a work cycle not exceeding seven consecutive days; or
(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or
(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or
(iv) 152 hours within a work cycle not exceeding 28 consecutive days; or
(v) 304 hours within a work cycle not exceeding eight weeks for the purposes of working an eight week roster.
(b) For the purposes of this clause any other work cycle during which a weekly average of 38 ordinary hours is worked may be agreed between the employer and the employee(s).
(2) In each workplace an assessment should be made as to which arrangement of hours best suits the business and the needs of the employees. Any proposal for changing the arrangement of working hours shall be discussed with the employee(s) concerned with the objective of reaching agreement.
(3) (a) The ordinary hours of work may be worked on any or all days of the week Monday to Sunday inclusive and shall be consecutive except for a meal break taken in accordance with Clause 9. - Meal Breaks.
Notwitstanding any other provision of this award, working hours shall be rostered so that a worker does not commence ordinary working time of any one day or shift, without having had at least ten (10) consecutive hours off duty since the conclusion of the ordinary working time of the preceding day or shift.
Provided that the provisions of paragraph (b) hereof shall not apply where shifts are changed and worked by employees making their own arrangements.
(4) (a) The ordinary hours of work for full time and part time employees shall be arranged over not more than ten starts per fortnight which may be worked consecutively provided at least two consecutive days off are allowed within each fortnight.
(b) Notwithstanding paragraph (a) of this subclause, an employer and employee may agree to work an alternative arrangement of ordinary hours provided at least two consecutive days off duty are allowed within each fortnight.
(5) The ordinary hours of work prescribed herein shall not exceed ten on any day provided that, by agreement between the employer and the majority of employees concerned in the workplace or section(s), up to twelve ordinary hours on any day may be worked.
(6) (a) The employer shall notify employees at least seven days in advance of the employees’ rostered ordinary hours of duty. Provided that ordinary hours may be varied by agreement between the employer and the employee(s) concerned or by the employer giving seven days’ notice.
(b) Where rostered ordinary hours are changed without either agreement or notice prescribed in paragraph (a) of this subclause the employee shall be paid a penalty of 50% or the penalty applicable to the revised shift in accordance with Clause 12. - Additional Rates for Ordinary Hours in addition to the base wage whichever is the greater.
