AP765516 - Airline Operations (Qantas Airways Limited) Award 1999
PART 6 - HOURS OF WORK
25. HOURS OF WORK - DAY WORK AND SHIFTWORK
25.1. Hours of duty - daywork and shiftwork
[25.1.1 substituted by R8241 from 20Aug99]
25.1.1 The ordinary hours of work shall be an average of 38 hours per week to be worked on the basis of 152 ordinary hours within a work cycle not exceeding 28 consecutive days.
25.1.2 Methods of arranging ordinary working hours
25.1.2(a) Subject to the Company’s right to fix the daily hours of work for any day worker or shift workers from time to time within the spread of hours in 25.2.1 and the Company’s right to fix the commencing and finishing time of shifts from time to time, the arrangement of ordinary working hours is to be by agreement between the Company and the majority of employees in the workplace or part of the workplace concerned. This does not preclude the company reaching agreement with individual employees about how their working hours are to arranged.
25.1.2(b) The matters upon which agreement may be reached include:
25.2 Daywork
25.2.1 The ordinary hours of work prescribed herein may be worked continuously (exclusive of meal breaks) between 7.00 am and 6.00 pm on any or all of the days of the week on Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday, subject to agreement between the company and a majority of employees concerned. Agreement in this respect may also be reached between the company and individual employee.
25.2.2 The spread of hours or daily hours may be altered by mutual agreement between the Company and the majority of employees in the section or sections concerned.
25.2.3 Work done between 5.00am and the commencement of the spread of hours fixed in accordance with 25.2.2 for which overtime rates are payable will be deemed to be part of the ordinary hours of work where the ordinary hours worked within the prescribed spread are less than 38. This subclause does not apply to employees engaged in the maintenance of plant.
25.2.4 Where agreement is reached in accordance with 25.2.1, the minimum rate to be paid for a day worker for ordinary time worked between midnight on Friday and midnight on Saturday shall be time and one half.
25.2.5 Where agreement is reached in accordance with 25.2.1, the minimum rate to be paid for a day worker for ordinary time worked between midnight on Saturday and midnight on Sunday shall be double time.
25.2.6 Meal and tea breaks - daywork
25.2.6(a) Employees must receive an unpaid meal break of between 30 minutes and one hour per day. An employee must not be required to work for more than six hours without a meal break. Where the employee works more than six hours without a meal break the employee will be paid at overtime rates until he or she commences a meal break.
25.2.6 (b) An employee must also receive one tea break of fifteen minutes each per day.
25.3 Twelve hour shifts - daywork and shiftwork
25.3.1 By agreement between the company and the majority of employees in the section or sections concerned, twelve hour days or shifts may be worked subject to:
25.3.2 To facilitate this clause, ordinary shift and related shift penalty arrangements will be averaged over the shift cycle for pay purposes.
25.3.3 The average shift penalty will not be paid for sick leave, workers' compensation, long service leave and overtime or for any other purpose other than the calculation of ordinary time earnings.
25.3.4 If an employee is absent due to sick leave as prescribed by 29.3 the average fortnightly payment will be reduced proportionate with the shift penalty appropriate to that shift or shifts.
25.4 Shiftwork provisions
25.4.1 The company and a majority of employees concerned may agree on a cycle of working hours where an average of 38 ordinary hours are worked over a cycle in excess of 28 consecutive days, but no greater than twelve months.
25.4.2 An eight hour shift shall be inclusive of meal time.
25.4.3 One shift per day
An employee must not be required to work more than one shift per day, except at the change-over of shifts.
25.4.4 Meal and tea breaks - shiftwork
25.4.4(a) Shift workers must be allowed a meal break of at least twenty minutes to be counted as time worked.
25.4.4(b) The meal break must be taken within six hours of the commencement of an ordinary shift. If the employee works more than six hours without a meal break, the employee will be paid at overtime rates until the meal break commences.
25.4.4(c) Shift workers must also receive one tea break, counted as time worked, of up to fifteen minutes.
25.4.5 Time off between shifts
An employee must have at least a ten hour break between shifts. If an employee does not have a ten hour break between shifts, the employee must be paid at overtime rates until the employee is released from duty. The employee is then entitled to a ten hour break. At the request of the employee this break may be reduced to eight hours.
25.4.6 Shift rosters
25.4.6(a) Shift work rosters must specify the starting and finishing times of shifts. Employees must be given at least seven days' notice of any change to their shift work rosters. An exception to this is if the shift work roster has been varied by agreement between the Company and a majority of employees in the area concerned.
25.4.6(b) If any shift worker is required to change his or her roster, the employee must be given at least two days' notice of the change. If this notice is not given, the shift worker must be paid for the shifts worked during this period at the rate of double time. The employee may request that this notice be waived.
25.4.6(c) If an employee is required to transfer to another maintenance base with less than two days notice; and the transfer is for a period of more than two days, the employee is deemed to have changed his or her roster.
25.4.7 Shift work between midnight Sunday and midnight Friday
[25.4.7(a) substituted by S5234 from 26Apr00]
25.4.7(a) Early morning shifts
Employees must be paid ordinary rates plus 22.5% for all shifts which commence between midnight and 3.59 am.
Employees must be paid ordinary rates plus 15% for all shifts as defined in clause 4.15 “Early Morning Shift B”. Provided that at Mascot, for an early morning shift that commences at or before 6.00 am the allowance shall be 17.5%.
25.4.7(b) Afternoon shifts
Employees must be paid ordinary rates plus 15 percent for all afternoon shifts.
25.4.7(c) Night shifts
Employees must be paid at ordinary rates plus 22.5 percent for all night shifts.
25.4.8 Afternoon or night shifts
Shift workers who work on afternoon or night shift work which does not continue for at least five successive afternoons or five successive nights must be paid at the rate of time and a half.
25.4.9 Night shift loading
A shift worker who:
25.5 Transfer between systems of work
In order to meet the needs of the industry, an employee may be required to work as a day worker or as a one, two or three shift worker (whether on continuous work or not), at the applicable rates. An employee may be required to transfer from one of those systems of work to another. If an employee is required to transfer between systems of work, the Company must give the employee at least one week's notice of the change.
25.6 Make up time
25.6.1 An employee may elect, with the consent of the Company, 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.
25.6.2 An employee on shift work may elect, with the consent of the Company, 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.
