AN170054 – Laundry and Dry Cleaning Award
(a) The ordinary hours of work shall be a maximum of 38 per week to be worked in not more than 8 hours in any one day Monday to Friday inclusive. Subject to Clause 29 - Shift Workers, the spread of such ordinary hours shall extend from 6.30 am to 6.00 pm.
(b) A meal interval of not less than 30 minutes or more than one hour shall be allowed within five hours of the commencement of the shift.
(c) Except as provided in subclause (f), (g) and (h) of this clause the method of implementation of the 38 hour week may be agreed to be any 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 each week; or
(iii) by fixing one week day on 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 week day off during that cycle.
(d) On each site, 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.
(e) The employer and the majority of employees in the plant, business, section or sections concerned, may agree that the ordinary working hours are to exceed 8 hours on any day within the spread of ordinary hours as prescribed by this clause, thus enabling a week day off to be taken more frequently than would otherwise apply.
(f) Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the plant or establishment concerned.
(g) Agreements reached on the method of implementation of the 38-hour working week shall be recorded in writing and shall be signed by the employer and the employees concerned. The agreement document shall be kept as part of the employment records and available for inspection in accordance with the provisions of the Industrial Relations Act 1984.
(h) In the absence of agreement on the implementation of the 38-hour week the procedure in Clause 28 - Settlement of Disputes shall apply.
(i) Substitute Days
(i) An employer, with the agreement of the majority of employees concerned, may substitute a day an employee is to take off in accordance with subclause (c)(iii) and (iv) of this clause, 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.
(ii) Any individual employee, with the agreement of his employer, may substitute the day the employee is to take off for another day.
(j) Accumulation of Rostered Days Off
Where an employer and employees agree rostered days off may accumulate to a maximum of seven days which shall be taken at a mutually agreed time.
(k) Sickness on Day Off
Where an employee is sick or injured on the week day he is to take off in accordance with subclause (c)(iii) or (iv) of this clause, the employee shall not be entitled to sick pay nor will the sick pay entitlement be reduced as a result of the employee's sickness or injury that day.
(l) Averaging of Payment
Where the method of implementation adopted is in accordance with subclause (c)(iii) or (iv) of this clause, the wages paid each week for ordinary hours shall be paid so that in each week when 40 hours is worked 2 hours pay shall be kept in hand and paid to the employee in the pay week that the rostered day off occurs to enable an averaging of payments for ordinary time to occur.
(m) Work on RDO
Where an employee works on a day off arising under subclause (c) (iii) or (iv) of this clause not being a day the subject of agreement pursuant to subclause (l) of this clause, that day shall be deemed to be overtime and paid in accordance with Clause 21 - Overtime.
(n) Make Up Time
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of make up time provided that:
(i) An employee may elect, with the consent of the employer, to work 'make up time' under which the employee takes time off during ordinary working hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
(ii) An employee on shift work may elect, with the consent of their employer, to work 'make up time' under which the employee takes time off ordinary hours and works those hours at a later time, at the shift work rate which would have been applicable to the hours taken off.
(iii) An employee or the employees may choose to request a union party to this award, to represent their interests in negotiations referred to in paragraph (i) of this subclause.
(iv) Once a decision has been taken to introduce an enterprise system of make up time, in accordance with this clause, its terms must be set out in the time and wages record kept pursuant to Regulation 25 of the Industrial Relations Regulations 1993.
(v) An employer shall record these make up time arrangements in the time and wages records kept as prescribed in Clause 33 - Time and Wages Book of this award.
(o) Rostered Days Off
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of Rostered Days Off provided that:
(i) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(ii) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(iii) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer, or subject to the reasonable notice by the employee or the employer.
(iv) An employee or the employees may choose to request a union party to this award to represent their interests in negotiations referred to in paragraph (i) of this subclause.
(v) Once a decision has been taken to introduce an enterprise system of RDO flexibility, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to Regulation 25 of the Industrial Relations Regulations 1993.
(vi) An employer shall record these RDO arrangements in the time and wages book, as prescribed in Clause 33 - Time and Wages Book of this award.
