AN170028 – Electrical/Electronic Trades (Public Sector) Award
(a) The ordinary hours of work for day workers 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.
(b) The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.
(c) The ordinary hours of work prescribed herein shall not exceed 8 hours on any day.
(d) The ordinary hours of work prescribed herein shall be worked continuously, except for meal breaks, at the discretion of the employer between 8.00 a.m. and 5.30 p.m. Provided that the spread of hours may be altered as to all or a section of the employees by mutual agreement between the employer and the employees.
(e) The ordinary working hours shall be worked as a 19-day four consecutive week cycle of eight hours each Monday to Friday with a working day off in each cycle which will be taken on the days specified in the schedule to this clause. The first cycle shall be deemed to have commenced on 1 December 1982.
PROVIDED THAT for the purpose of this award a reference to the day off pursuant to paragraph (iv) hereof shall be read as also referring to a day off pursuant to the first paragraph of this subclause.
PROVIDED THAT where the employer and the majority of the employees concerned agree, the method of implementation of the 38-hour week may in lieu of the above, be any one of the following:
(i) by employees working less than 8 ordinary hours each day; or
(ii) by employees working less than 8 ordinary hours on one or more days in each week; or
(iii) by employees working less than 8 ordinary hours on one or more days in each fortnight; or
(iv) by fixing one week day on which all employees will be off during a particular work cycle; or
(v) 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.
(f) Except as provided in paragraph (e)(i) of this clause, in cases where by virtue of the arrangement of the employees ordinary working hours, an employee, in accordance with subclauses (e)(iv) and (e)(v), is entitled to a day off during their work cycle, such employee shall be advised by the employer at least 4 weeks in advance of the weekday the employee is to take off.
(g) Where an employee's ordinary hours are arranged in accordance with subclause (e)(iv) or (e)(v) hereof the weekday taken off shall not coincide with a public holiday as prescribed in Clause 17 - Holidays with Pay and Clause 16 - Holiday and Sunday Work.
PROVIDED THAT where a public holiday is prescribed after an employee has been given notice of a weekday off, subclause (d) shall apply.
(h) (i) The employer may substitute the day an employee is to take off in accordance with subclauses (e)(iv) and (e)(v) for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.
PROVIDED THAT if a substitute day off is not granted, the employee shall be paid, in addition to the payment for the day off, for work performed in ordinary hours at the rate of time and a half, and for work outside ordinary hours, at the rate of double time.
(ii) An individual employee with the agreement of the employer, may substitute the day the employee is to take off for another day.
(iii) Any substitute day off, referred to in paragraphs (i) and (ii) of this subclause, must be taken either in the current work cycle or in the next succeeding work cycle.
(iv) Where an employee, in accordance with subclause (e)(iv) and (e)(v) is entitled to a day off during his or her work cycle and that day off falls on a Public Holiday, as prescribed in Clause 17 - Holidays with Pay and Clause 16 - Holiday and Sunday Work, the next working day shall be substituted as the day off unless an alternative day in that work cycle on the next succeeding work cycle is adopted by agreement in writing between the employer and the employee.
(i) Programming of Rostered Days Off
(i) The employer shall prepare a schedule which where practicable will indicate those days that are to be observed as rostered days off for the ensuring 15 months.
(ii) Where practicable rostered days off shall be advanced or retarded, within the cycle, so as to be observed on the day immediately preceding or the day immediately following a holiday/s occurring in the cycle.
(f) Flexibility in Relation to Rostered Days Off
Notwithstanding any other provisions in this clause, where the hours of work of an establishment, plant or section are organised in accordance with subclause (e)(iii) and (iv) hereof the employer, the union or unions concerned and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.
Where such agreement has been reached the accrued rostered days off must be taken within 12 months and each 12 months thereafter.
It is understood between the parties that the involvement of the union or unions concerned will be necessary in cases where it or they have members in the plants concerned.
