AN170068 – Mobile Crane Hire Award

PART IV - HOURS OF WORK, SHIFTWORK AND OVERTIME 

1. HOURS OF WORK

(a) The ordinary hours of work shall be 38 per week, Monday to Friday, worked continuously at the discretion of the employer, between 6.00am and 6.00pm except for meal breaks.

(b) The method of working the 38-hour week may be any one of the following:

(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 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.

(c) A regular starting and finishing time shall be fixed at each depot, which shall not be changed, except after notice of at least a week. Provided that an employee’s starting time for a particular day may be altered to suit the business requirements of the employer by mutual agreement with the employee/s concerned.

(d) The ordinary hours of work prescribed herein shall not exceed ten hours on any day; provided that any arrangement of ordinary working hours in excess of eight hours in any one day shall be with the agreement of the majority of employees involved.

(e) 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. In the absence of agreement the Settlement of Disputes Clause shall be applied.

(f) Circumstances may arise where different methods of implementation of a 38-hour week apply to various groups or sections of employees in the establishment concerned.

(g) Providing for Rostered Days Off

(i) Where the hours of work are arranged in accordance with paragraphs (b)(iii) or (b)(iv), the ordinary working hours shall be worked in a twenty (20) day cycle, Monday to Friday inclusive, with eight (8) hours worked for each of nineteen (19) days and with 0.4 of an hour on each of those days accruing toward the twentieth (20th) day which shall be taken as a paid day off and known as the Rostered Day Off.

(ii) An employee shall be entitled to 13 Rostered Days Off per year, provided that the number of Rostered Days Off shall be reduced to the extent of any annual leave taken on the basis of one day for each four weeks of annual leave taken.

(iii) By mutual agreement between the employer and employees, Rostered Days Off may be accumulated to a maximum of five (5) days over a twenty (20) week period. Accumulated Rostered Days Off must be taken no later than the fourteen (14) day period commencing at the time of the fifth (5th) accumulated Rostered Day Off of the twenty (20) week cycle.

(iv) Rosters shall be fixed by mutual agreement in advance for the ensuing twelve (12) months. An employer, with the agreement of the Union, may substitute another day as the Rostered Day Off, provided arrangements regarding the substitute day are made at least seven (7) days prior to the listed day.

(v) (1) Employee(s) who agree to work on the Rostered Day Off to satisfy the employer's business requirements shall take an alternative Rostered Day Off on a mutually convenient day prior to the next rostered day off. Where agreement cannot be reached it shall be taken in conjunction with the next rostered day off.

(2) Except in the case of an emergency circumstance no employee shall be required to work on a rostered day off. Where an emergency circumstance does occur the employee shall be paid an additional days pay at ordinary rates for that week (that is 45 hours and 36 minutes pay for that week at the ordinary rate instead of 38 hours pay) in addition to being given a substitute rostered day off. An emergency shall mean where less than 24 hours notice of the requirement to work on the rostered day off has been given.

(vi) In the case of termination an employee who has not worked a completed nineteen (19) day four (4) week cycle shall receive pro rata accrued entitlements for each day worked in such cycle.

(vii) Any dispute arising as a result of the implementation of rostered days off shall be progressed in accordance with Clause 1 of Part VI - Settlement of Disputes.