AP789529CRV - Metal, Engineering and Associated Industries Award 1998
PART 6 - HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
6.1 ORDINARY HOURS OF WORK
Summary
This clause describes the ordinary hours of work and how they are to be arranged for day workers, continuous shift workers and non-continuous shift workers.
The ordinary hours of work for all three categories is 38 per week to be averaged over the period of the work cycle that applies in the particular enterprise.
There is provision for the employer, by agreement with employees, to arrange working hours to achieve maximum flexibility in order to suit the needs of both the enterprise and the employees.
6.1.1 Ordinary Hours of Work - Day Workers
6.1.1(a) Subject to subclause 6.1.4, the ordinary hours of work for day workers are to be an average of 38 per week but not exceeding 152 hours in 28 days.
6.1.1(b) The ordinary hours of work may be worked on any day or all of the days of the week, Monday to Friday. The days on which ordinary hours are worked may include Saturday and Sunday subject to agreement between the employer and the majority of employees concerned. Agreement in this respect may also be reached between the employer and an individual employee.
6.1.1(c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 am and 6.00 pm. The spread of hours (ie. 6.00am to 6.00 pm) may be altered by up to one hour at either end of the spread, by agreement between an employer and the majority of employees concerned or in appropriate circumstances, between the employer and an individual employee.
6.1.1(d) Any work performed outside the spread of hours is to be paid for at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours for the purpose, for example, of getting the plant in a state of readiness for production work is to be regarded as part of the 38 ordinary hours of work.
6.1.1(e) Where agreement is reached in accordance with 6.1.1(b) 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 a half.
6.1.1(f) Where agreement is reached in accordance with 6.1.1(b) 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
6.1.2 Ordinary Hours of Work - Continuous Shift Workers
6.1.2(a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
6.1.2(b) Subject to 6.1.2(c) the ordinary hours of continuous shiftworkers are, at the discretion of the employer, to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shift workers are entitled to a 20 minute meal break on each shift which shall be counted as time worked.
6.1.2(c) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days but does not exceed 12 months.
6.1.2(d) Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.
6.1.3 Ordinary Hours of Work - Non-Continuous
6.1.3(a) Subject to 6.1.3(b), the ordinary hours of work for non- continuous shift workers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.
6.1.3(b) By agreement between the employer and the majority of employees concerned, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.
6.1.3(c) The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.
6.1.3(d) Except at change-over of shifts an employee will not be required to work more than one shift in each 24 hours.
6.1.4 Methods of Arranging Ordinary Working Hours.
6.1.4(a) Subject to the employer's right to fix the daily hours of work for day workers from time to time within the spread of hours referred to in 6.1.1(c) and the employer'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 employer and the majority of employees in the enterprise or part of the enterprise concerned. This does not preclude the employer reaching agreement with individual employees about how their working hours are to be arranged.
6.1.4(b) Matters upon which agreement may be reached include:
(i) how the hours are to averaged within a work cycle established in accordance with 6.1.2 and 6.1.3
(ii) the duration of the work cycle for day workers provided that such duration shall not exceed 3 months
(iii) rosters which specify the starting and finishing times of working hours
(iv) a period of notice of a rostered day off which is less than four weeks
(v) substitution of rostered days off
(vi) accumulation of rostered days off
(vii) arrangements which allow for flexibility in relation to the taking of rostered days off
(viii) any arrangements of ordinary hours which exceed 8 hours in any day
6.1.4(c) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:
(i) Proper health monitoring procedures being introduced;
(ii) Suitable roster arrangements being made;
(iii) Proper supervision being provided;
(iv) Adequate breaks being provided;
(v) An adequate trial or review process being implemented through the consultative process in clause 3.1.
[Pt I:Pt 6:6.1.4(d) inserted by Q2704 from 01Jul98]
6.1.4(d) (i) Where an employee works on a shift other than a rostered shift (as defined), he/she shall:
(1) if employed on continuous work, be paid at the rate of double time; or
(2) if employed on other shiftwork, at the rate of time and one half for the first three hours and double time thereafter.
(ii) The provision of 6.1.4(d)(i) do not apply when the time is worked:
(1) by arrangement between the employees themselves;
(2) for the purposes of effecting the customary rotation of shifts; or
(3) on a shift to which the employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for the day in accordance with clause 4.6.
Where by reason of State legislation, summer time is prescribed as being in advance of the standard time in that State the length of any shift:
In this subclause the expressions "standard time" and "summer time" shall bear the same meaning as are prescribed by the relevant State legislation.
6.1.6(a) 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.
6.1.6(b) 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 during 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.
