AN160238 – Paint and Varnish Makers' Award No. 22 of 1957
SECTION A - Hours:
(1) (a) The provisions of this clause apply to all workers to whom this award applies.
(b) Subject to the provisions of this clause the ordinary hours of work shall be an average of 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 fourteen consecutive days; or
(iii) 114 hours within a work cycle not exceeding twenty-one consecutive days; or
(iv) 152 hours within a work cycle not exceeding twenty-eight consecutive days.
(c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shift employees, shall be worked between the hours of 7.00 a.m. and 6.00 p.m. Provided that the spread of hours may be altered by agreement between the employer and the majority of workers in the plant or section or sections concerned.
(d) Where an ordinary shift or shift worker finishes not later than 8.00 a.m. on Saturday, such hours on the Saturday shall be deemed to be ordinary hours of employment and shall not be subject to penalty rates.
(e) The ordinary hours of work shall not exceed 10 hours on any day.
Provided that in any arrangement of ordinary working hours, where such ordinary hours are to exceed eight hours on any day, the arrangement of hours shall be subject to the agreement between the employer and the majority of workers in the plant or section or sections concerned.
(f) The ordinary hours of work shall be consecutive except for the meal interval as prescribed in subclause (g) hereof.
(g) A meal break of a period agreed upon between the majority of the workers and the employer at each factory shall be allowed between the hours of 11.00 a.m. and 2.00 p.m. on Monday to Friday inclusive. In default of such agreement the meal break shall be not more than one hour and not less than 30 minutes to be taken within the aforementioned period.
(h) Nothing in this subclause shall be construed to prevent the employer and the majority of employees affected in a workplace or part thereof reaching an agreement to operate any method of working a 38 hour week provided that agreement is reached in accordance with the following procedure.
(i) the Union will be notified in writing of the proposed variations prior to any change taking place;
(ii) the proposed variations for each workplace or part thereof shall be explained to the employees concerned and written notification of proposals will be placed on the notice board at the worksite;
(iii) the parties will then consult with each other on the changes with a view to reaching agreement;
(iv) where the majority of Union members do not support the agreement then the issues will be referred to the Western Australian Industrial Relations Commission for conciliation and, if necessary, arbitration.
SECTION B - Implementation of 38 Hour Week:
(1) Except as provided in subclause (4) hereof, the method of implementation of the 38 hour week may be any one of the following:
(a) by workers working less than eight ordinary hours each day; or
(b) by workers working less than eight ordinary hours on one or more days each week; or
(c) by fixing one day of ordinary working hours on which all workers will be off duty during a particular work cycle; or
(d) by rostering workers off duty on various days of the week during a particular work cycle so that each worker has one day of ordinary working hours off duty during that cycle.
(e) any day off duty shall be arranged so that it does not coincide with a holiday prescribed in subclause (1) of Clause 10. - Holidays, of this award.
(2) In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the workers concerned, the objective being to reach agreement on the method of implementation prior to 1st December, 1986.
(3) In the absence of an agreement at plant level, the procedure for resolving special, anomalous or extraordinary problems shall be as follows:
(a) Consultation shall take place within the particular establishment concerned.
(b) If it is unable to be resolved at establishment level, the matter shall be referred to the State Secretary of the Union (or Unions) concerned or his deputy, at which level a conference of the parties shall be convened without delay.
(c) In the absence of agreement either party may refer the matter to the Western Australian Industrial Relations Commission.
(4) Different methods of implementation of a 38 hour week may apply to various groups or sections of workers in the plant or establishment concerned.
(5) Notice of Days Off Duty.
Except as provided in subclause (6) hereof, in cases where, by virtue of the arrangement of his ordinary working hours, a worker in accordance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during his work cycle, such worker shall be advised by the employer at least four weeks in advance of the day he is to take off duty.
(6) (a) An employer, with the agreement of the majority of workers concerned, may substitute the day a worker is to take off in accordance with paragraphs (c) and (d) of subclause (1) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.
(b) An employer and worker may by agreement substitute the day the worker is to take off for another day.
(c) Where Accrued Days Off are allowed to accumulate, the employer may require that they be taken within 12 months of the employee becoming entitled to an ADO.
SECTION C - Procedures for In-Plant Discussions:
(1) Procedures shall be established for in-plant discussions, the objective being to agree on the method of implementing a 38 hour week in accordance with Section A - Hours and B - Implementation of 38 Hour Week of this clause and shall entail an objective review of current practices to establish where improvements can be made and implemented.
(2) The procedures should allow for in-plant discussions to continue even though all matters may not be resolved by 1st December, 1986.
(3) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all workers, including the overcoming of language difficulties.
(4) The procedures should allow for the monitoring of agreements and understandings reached in-plant.
(5) In cases where agreement cannot be reached in-plant in the first instances or where problems arise after initial agreements of understandings have been achieved in-plant, a formal monitoring procedure shall apply. The basic steps in this procedure shall be as applies with respect to special, anomalous or extraordinary problems as prescribed in subclause (3) of Section B of this clause.
