AP795978 - Space Tracking Industry Award 1998
PART 6 - HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
21. ORDINARY HOURS OF WORK
21.1 Ordinary hours of work - day workers
21.1.1 Subject to 21.4, exceeding 152 hours in a 28 day cycle. The ordinary hours of work for day workers are to be an average of 38 per week.
21.1.2 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.
21.1.3 The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m. except for canteen workers at Tidbinbilla for whom the hours will be 6.30 a.m. to 6.00 p.m. Monday to Friday.
21.1.4 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.
21.2 Ordinary hours of work - continuous shift workers
21.2.1 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.
21.2.2 Subject to 21.2(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.
21.2.3 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.
21.2.4 Except at the regular change-over of shifts, an employee will not be required to work more than one shift in each 24 hours.
21.2.5 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.
21.3 Ordinary hours of work - other than continuous
21.3.1 Subject to 21.3.3, the ordinary hours of work for shift workers not on continuous shiftwork are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days.
21.3.2 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.
21.3.3 The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer. Except at change-over of shifts an employee will not be required to work more than one shift in each 24 hours.
21.3.4 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.
21.4 Methods of arranging ordinary working hours
21.4.1 The method of implementation of the 38 hour week may be any one of the following:
21.4.1(a) by employees working less than eight ordinary hours each day; or
21.4.1(b) by employees working less than eight ordinary hours on one or more days each week; or
21.4.1(c) by fixing one day of the week on which all employees will be off during a particular work cycle; or
21.4.1(d) 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;
21.4.2 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 21.1.3 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.
21.4.3 Matters upon which agreement may be reached include:
21.4.4 By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned ordinary hours not exceeding twelve on any day or shift may be worked subject to:
21.5.1 Where by reason of legislation of a State or Territory, summer time is prescribed as being in advance of the standard time in that State or Territory the length of any shift:
21.5.2 The time of the clock in each case is to be set to the time fixed by the relevant State and Territory legislation.
21.5.3 In this clause the expressions standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.
