AN170120 – Metal and Engineering Industry Award

PART V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME 

1. HOURS OF WORK

(a) Subject to the exceptions, hereinafter provided, the ordinary hours of work shall be an average of 38 hours 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 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;

(v) for the purposes of this clause any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed by the parties.

(b) The ordinary hours of duty for employees engaged at Wage Group Level C5 and above shall not exceed the normal hours of duty as are applicable from time to time to the majority of employees in the particular establishment in which they are employed.

An employer shall compensate a professional employee engaged at Wage Group Level C5 and above for all authorised time worked regularly in excess of normal hours of duty by:

(i) payment of same penalty rate and upon the same conditions as are applicable from time to time to the majority of employees employed in the particular establishment in which the professional engineer is employed; or

(ii) taking this factor into account in the fixation of annual remuneration; or

(iii) granting special additional remuneration; or

(iv) granting other compensation such as special additional leave;

as may be mutually agreed.

(c) The ordinary hours of work prescribed herein may be worked on any day or all the days of the week, Monday to Friday.

(d) The ordinary hours of work prescribed herein shall be continuous, except for meal breaks, at the discretion of the employer between the hours of 6.00 am and 6.00 pm.

PROVIDED that the actual ordinary hours of work shall be determined by agreement between an employer and the majority of employees in the plant or work section concerned.

PROVIDED FURTHER that work done prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable shall be deemed for the purpose of this subclause to be part of the ordinary hours of work.

(e) The ordinary hours of work prescribed herein shall not exceed ten on any day.

PROVIDED that:

(i) In any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between an employer and the majority of employees in the work section or sections concerned; and

(ii) by arrangement between an employer, the union or unions concerned and the majority of employees in the work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

(1) the employer and the employees concerned being guided by the occupational health and safety provisions of the Australian Council of Trade Unions Code of Conduct on 12-Hour Shifts;

(2) proper health monitoring procedures being introduced;

(3) suitable roster arrangements being made; and

(4) proper supervision being provided.

(f) Notice of Rostered Leisure Days

An employee in accordance with subclause (a), paragraphs (iii) and (iv) hereof, is entitled to a day off during the work cycle, such employee shall be advised by the employer at least four weeks in advance of the weekday the employee is to take off, provided that a lesser period of notice may be agreed by the employer and the majority of employees in the plant or section or sections concerned.

(g) Substitute Days

(i) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with subclause (a), paragraphs (iii) and (iv) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power; to meet the requirements of the business in the event of rush orders or some other emergency situation.

(ii) An individual employee, with the agreement of their employer, may substitute the day that was to be taken off for another day.

(h) Flexibility in Relation to Rostered Leisure Days Off

Notwithstanding any other provision in this clause, where the hours of work of an establishment, plant or section are organised in accordance with subclause (a) (iii) and (iv) hereof, an 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 leisure 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 of accrual.

NOTE: It is understood between the parties that the involvement of the union or unions concerned would be necessary in cases where it or they have members in the establishments concerned and not in non-union establishments.

(i) 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 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 negotiation 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 records kept pursuant to Regulation 25 of the Industrial Relations Regulations 1993.

(v) An employer shall record make up time arrangements in the time and wages book, as prescribed in Part IX - Award Compliance and Union Related Matters, Clause 1 - Time and Wages Records of the award at each time this provision is used.

(j) 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 (RDO) to provide 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 negotiation 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 RDO arrangements in the time and wages book, as prescribed in Part IX - Award Compliance and Union Related Matters, Clause 1 - Time and Wages Record of the award at each time this provision is used.