AN170026 – Disability Service Providers Award
A. EMPLOYEES OTHER THAN THOSE ENGAGED TO WORK IN RESIDENTIAL HOMES FOR INTELLECTUALLY, PHYSICALLY, PSYCHIATRIC AND/OR SENSORY DISABLED PERSONS
(a) The ordinary hours of work per week in respect for which rates of wages are fixed by this award shall not exceed an average of 38 per week subject to the following arrangements;
(b) Employees engaged in accordance with Part V – Hours of Work, Penalty Payments, Shift Work and Overtime, Clause 9 - Shift Work, Shift Penalty Rates and Rosters, may work ordinary hours on any day of the week. For all other employees ordinary hours shall be determined between 6.00am and 7.00pm, Monday to Friday and subject to the provisions of paragraph (c) of this subclause.
In all cases the ordinary hours of work shall be worked subject to one of the following arrangements:
(i) by employees working less than eight ordinary hours each day; or
(ii) by employees working less than eight ordinary hours on one or more days each week; or
(iii) by fixing one day or days in which all employees will be off during a particular work cycle; or
(iv) by rostering employees off on various days of the work cycle so that each employee has one day off or part of a day or days off during that cycle; or
(v) by accruing an entitlement to rostered days off (as defined) to a maximum of 12 days and thereby averaging 38 hours over a particular work cycle not exceeding 12 months.
(c) In establishing the spread of hours in accordance with paragraph (a) of this subclause, the employer shall nominate any spread of hours of no more than 11 hours between 6.00am and 7.00pm, Monday to Friday inclusive.
The spread of hours so nominated, in the absence of agreement between the employer and the majority of employees concerned, shall not be amended unless the employer gives four weeks notice of such change, to the employees concerned.
(d) Circumstances may arise where different arrangements of the 38-hour week apply to various groups or sections of employees in the establishment concerned.
(e) In adopting or changing the arrangements of the 38-hour week 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.
In the absence of such agreement the provisions of Part VII – Consultation and Dispute Resolution, Clause 2 - Disputes and Grievance Procedure shall be applied without delay.
(f) In reaching agreements in accordance with paragraph (c) of this subclause there should be an objective review of current work practices to establish where improvement can be made and implemented. These reviews shall be ongoing.
(g) Where the arrangements of the 38-hour week provides for a day off in a particular work cycle the following shall apply:
(i) Such days off may be taken as mutually agreed between the employer and the employee concerned.
(ii) An employee shall not be entitled to more than twelve rostered days off (as defined) in any 12 month period.
(iii) The day may be worked as an ordinary working day without penalty if substituted by another day by agreement between the employer and the employee concerned, or where a number of employees are concerned by agreement between the employer and the majority of the employees concerned.
(h) The spread of hours or prescribed number of hours per day may be altered for all or a section of employees concerned by mutual agreement between the employer and employee/s in the area concerned and the union.
B. EMPLOYEES ENGAGED IN RESIDENTIAL HOMES FOR INTELLECTUALLY, PHYSICALLY, PSYCHIATRIC AND/OR SENSORY DISABLED PERSONS
(a) Subject to the provisions of Part V – Hours of Work, Penalty Payments, Shift Work and Overtime, Clause 9 - Shift Work, Shift Penalty Rates and Rosters, a disability service worker shall work a maximum of 190 hours in each five weekly period and in the case of other employees the ordinary hours of work shall be an average of 38 hours per week subject to one of the following arrangements:
(i) by employees working less than eight ordinary hours each day; or
(ii) by employees working less than eight ordinary hours on one or more days each week; or
(iii) by fixing one day in which all employees will be off during a particular work cycle; or
(iv) by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle; or
(v) by accruing an entitlement to rostered days off (as defined) to a maximum of 12 days and thereby averaging 38 hours over a period not exceeding 12 months.
(b) Circumstances may arise where different arrangements of a 38-hour week apply to various groups or sections of employees in the establishment concerned.
(c) In adopting or changing the arrangements of the 38-hour week 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.
In the absence of such agreement the provisions of Part VII – Consultation and Dispute Resolution, Clause 2 - Disputes and Grievance Procedure shall be applied without delay.
(d) In reaching agreements in accordance with paragraph (c) of this subclause there should be an objective review of current work practices to establish where improvement can be made and implemented. These reviews shall be ongoing.
(e) Where the arrangements of the 38-hour week provides for a day off in a particular work cycle the following shall apply:
(i) Such days off may be taken as mutually agreed between the employer and the employee concerned.
(ii) An employee shall not be entitled to more than twelve rostered days off (as defined) in any 12 month period.
(iii) The day may be worked as an ordinary working day without penalty if substituted by another day by agreement between the employer and the employee concerned, or where a number of employees are concerned by agreement between the employer and the majority of the employees concerned.
