AN160331 – Watchmakers' and Jewellers' Award 1970
SECTION A - HOURS:
(1) (a) The provisions of this clause apply to all employees 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 basis:
(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.
(c) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday inclusive, and shall be worked between the hours of 7.30 am and 5.30 pm. Provided that the ordinary hours applying on the day of late night trading as prescribed in subclause (2) hereof shall be between 7.30 am and 9.00 pm.
(d) 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 employees in the plant or section or sections concerned.
(e) The ordinary hours of work shall be consecutive except for the meal break as prescribed in subclause (f) hereof.
(f) A meal break of not more than one hour nor less than 30 minutes shall be granted each day.
(2) Late Night Trading
(a) The provisions of this clause shall apply to retail shops observing that period of trading as allowed by Section 85 of the Factories and Shops Act, 1963 between the hours of 6.00 pm and 9.00 pm for at least four consecutive weeks.
(b) No employee shall be rostered to work more than 11.5 ordinary hours on the day of late night trading.
(c) An employee who works ordinary hours on Monday to Friday, inclusive, between the hours of 8.00 am and 6.00 pm shall be paid at the rate of double time for any overtime worked during the hours of late night trading. Provided that if the overtime is worked to meet an emergency then the rate shall be determined by the provisions of Clause 8. - Overtime of the award.
(d) Meal Break
(i) Not less than 45 minutes nor more than one hour shall be allowed and taken for a meal on the day of late night trading.
(ii) An employee shall not be required to work for more than five hours without a break for a meal.
(iii) An employee who is required to work ordinary hours on the night of late night trading shall be entitled to an evening meal break between 4.30 pm and 7.00 pm.
SECTION B - IMPLEMENTATION OF 38 HOUR WEEK:
(1) Except as provided in subclause (4) hereof, and subject to the proviso hereof, the method of implementation of the 38 hour week may be any one of the following:
(a) By employees engaged in retail sales working less than eight ordinary hours each day or fortnight; or
(b) By employees 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 employees will be off duty during a particular work cycle; or
(d) By rostering employees off duty on various days of the week during a particular work cycle so that each employee has one day of ordinary 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 12. - Holidays and Annual Leave of this award.
Provided that the method of implementation shall be subject to the following conditions unless there is specific agreement to the contrary between an employer, an employee and the Union:
(i) In establishments employing on a regular basis 15 or more employees per week, an employee shall not be required to work ordinary hours on more than 19 days in each four week cycle.
(ii) In establishments employing on a regular basis more than five but less than 15 employees per week on a regular basis, an employee may work ordinary hours on one of the following basis:
(aa) Not more than 19 days in each four week cycle.
(bb) Not more than four hours' work on one day in each two week cycle.
(cc) Not more than six hours' work on one day in each week.
(iii) In establishments employing on a regular basis five or less employees per week, employees may work their ordinary hours in any of the methods specified in paragraph (a), (b), (c) or (d) hereof.
(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 employees concerned, the objective being to reach agreement on the method of implementation prior to 1 November 1988.
(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 Secretary of the Union or his/her 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 employees 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/her ordinary working hours, an employee, in accordance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during his/her work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he/she is to take off duty.
(6) (a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee 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 employee may by agreement substitute the day the employee 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 Section 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 1 November 1988.
(3) The procedures should make suggestions as to the recording of understandings reached and methods of communicating agreements and understandings to all employees, 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 or 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 - Implementation of 38 Hour Week of this clause.
