AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999
PART 6 - HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
25. ORDINARY HOURS OF WORK
25.1 Ordinary hours of work - day workers
25.1.1 Subject to the exceptions hereinafter provided, the ordinary hours of work will be an average of 38 per week to be worked on one of the following bases:
25.1.2 The ordinary hours of work prescribed in 25.1.1 may be worked on any day or all of the days of the week, Monday to Friday.
25.1.3 The ordinary hours of work prescribed herein will be worked continuously, except for meal breaks, at the discretion of the employer between 6.00 a.m. and 6.00 p.m. Provided that the actual ordinary hours of work may be altered by mutual agreement between an employer and the majority of employees in the plant, workshop, depot, section or sections concerned in accordance with 11.4.
25.1.3(a) Provided further that work done prior to the spread of hours fixed in accordance with this subclause for which overtime rates are payable will be deemed for the purposes of this subclause to be part of the ordinary hours of work.
25.1.4 The ordinary hours of work prescribed herein will not exceed ten hours on any day.
25.1.4(a) In any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours will be subject to the agreement of the employer and the majority of employees in the plant, workshop, depot, section or sections concerned in accordance with 11.4.
25.1.5 Except as provided in 25.1.6, in cases where, by virtue of the arrangement of ordinary working hours an employee is entitled to a day off during the employee's work cycle, such employee will be advised by the employer at least four weeks in advance of the weekday the employee is to take off.
25.1.6 An employer may substitute the day an employee is to take off for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the employer or some other emergency situation.
25.1.7 An individual employee, with the agreement of the employer, may substitute the day to be taken off for another day.
25.1.8 The employer and the majority of employees in the plant, workshop, depot, section or sections concerned may agree in accordance with 11.4 of this award that the ordinary working hours are to exceed eight on any day, thus enabling a weekday off to be taken more frequently than would otherwise apply.
25.1.9 Circumstances may arise where different methods of working a 38 hour week apply to various groups or sections of employees in the plant, workshop, depot or establishment concerned.
25.2 Ordinary hours of work - continuous shift workers
25.2.1 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.
25.2.2 Subject to 25.2.3 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 twenty minute meal break on each shift which will be counted as time worked.
25.2.3 Except at the regular change-over of shifts, an employee will not be required to work more than one shift in each 24 hours.
25.3 Ordinary hours of work - non-continuous
25.3.1 Subject to 25.3.2, the ordinary hours of work for non- continuous shift workers are to be an average of 38 per week to be worked on one of the following bases:
25.3.2 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 but does not exceed twelve months.
25.3.3 The ordinary hours of work are to be worked continuously, except for meal breaks, at the discretion of the employer.
25.3.4 Except at change-over of shifts an employee will not be required to work more than one shift in each 24 hours.
25.4 Methods of arranging ordinary working hours
25.4.1 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 25.1.3 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.
25.4.2 Matters upon which agreement may be reached include:
25.4.3 By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, twelve hour days or shifts may be introduced subject to:
25.5 Daylight saving
25.5.1 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:
25.5.1(a) Commencing before the time prescribed by the relevant legislation for the commencement of a summer time period, and
25.5.1(b) Commencing on or before the time prescribed by such legislation for the termination of a summer time period, will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end of the shift. The time of the clock in each case is to be set to the time fixed by the relevant State legislation.
25.5.2 In this subclause the expressions standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.
