AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK & WEEKEND WORK
20. HOURS OF WORK
20.1 Days of work for day workers
The ordinary hours of work prescribed herein may be worked on any day or all of the days of the week, Monday to Friday.
The ordinary hours of work prescribed by this clause shall not exceed 8 hours on any day.
The ordinary hours of work shall be 6.00 am to 6.00 pm, except in South Australia, where it shall be 6.00 am to 7.00 pm and in Victoria and Tasmania it shall be 7.00 am to 6.00 pm.
20.3.1 Provided that the usual starting time and usual finishing time within the spread of hours shall not be varied except by agreement of the employer and individual employee or the majority of the employees concerned.
20.3.2 Provided that the spread of hours may be altered as to all or a section of the employees by agreement of the employer and the employee or majority of the employees.
20.4.1 Ordinary hours can be varied by agreement between the Company and the employees and the union to accommodate the hours of work required for the most efficient and safe operation of the enterprise and the requirements of their client.
20.4.2 The ordinary hours of work for day workers shall be an average of 38 per week to be worked on one of the following bases:
20.4.2(a) 38 hours within a work cycle not exceeding seven consecutive days; or
20.4.2(b) 76 hours within a work cycle not exceeding fourteen consecutive days; or
20.4.2(c) 114 hours within a work cycle not exceeding twenty one consecutive days; or
20.4.2(d) 152 hours within a work cycle not exceeding twenty eight consecutive days.
20.5.1 By agreement between the employer, the union and the majority of employees concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
20.5.1(a) The employer and the employees concerned being guided by the Occupational Health and safety provisions of the ACTU Code of Conduct on 12 hours shifts.
20.5.1(b) Proper health monitoring procedures being introduced.
20.5.1(c) Suitable roster arrangements being made; and
20.5.1(d) Proper supervision being provided.
[20.6.1 varied by Q9130 ppc 30Jun98]
20.6.1 An employer may select and utilise for time-keeping purposes, any fractional or decimal proportion of an hour, (not exceeding quarter of an hour), and may apply such proportion in the calculation of the working time of employees who, without reasonable cause, promptly communicated to the employer, report for duty after their appointed starting times or cease duty before their appointed finishing times.
20.6.2 An employer who adopts a proportion for the aforesaid purpose shall apply the same proportion for the calculation of overtime.
20.7 Implementation of 38 hour week
20.7.1 Provided that the employer and the majority of the employees do not agree otherwise, the ordinary working hours shall be worked as a 19 day four consecutive week cycle of eight hours each Monday to Friday with a working day off in each cycle which will be taken on the days specified.
20.7.2 Provided that where an employer and the majority of the employees concerned agree, the method of implementation of the 38 hour week may, in lieu of the above, be any one of the following:
20.7.2(a) by employees working less than 8 ordinary hours each day; or
20.7.2(b) by employees working less than 8 ordinary hours on one or more days in each week; or
20.7.2(c) by employees working less than 8 ordinary hours on one or more days in each fortnight; or
20.7.2(d) by fixing one weekday on which all employees will be off during a particular work cycle; or
20.7.2(e) by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle.
20.8.1 Notice of rostered day off
Where an employee, in accordance with 20.7 hereof, is entitled to a day off during the employee’s 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.
20.8.2 RDO not to coincide with public holiday
Where an employee’s ordinary hours are arranged in accordance with 20.7 hereof the weekday or part of the weekday taken off shall not coincide with a public holiday as prescribed in the Public Holidays or Holiday and Sunday work. Provided that where a public holiday is prescribed after an employee has been given notice of a weekday off, 20.8.3 hereof shall apply.
20.8.3 Substitution of RDO
20.8.3(a) An employer may substitute the day an employee is to take off, in accordance with 20.7.2(d) and 20.7.2(e) hereof for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.
20.8.3(b) Provided that if a substitute day off is not granted, then the employee shall be paid in addition to the payment for the day off, for work performed in ordinary hours at the rate of time and a half, and for work outside ordinary hours, at the rate of double time.
20.8.3(c) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.
20.8.3(d) Any substitute day off must be taken either in the current work cycle or in the next succeeding work cycle.
20.8.3(e) Where any employee, in accordance with 20.7.2(d) or 20.7.2(e) hereof is entitled to a day off during the employee’s work cycle and that day off falls on a public holiday, as prescribed in the public holidays or holiday and Sunday work clause of the appropriate part of this award, the next working day shall be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the employer and the employee.
20.8.3(f) In this sub clause reference to a day or working day shall also be taken as reference to a part day or part working day as the case may be and is appropriate.
Employees shall be allowed a rest interval of 10 minutes on each day between the time of commencing work and the usual meal interval. The rest interval shall be counted as part of time worked.
