AP799690 - Transport Workers’ (Oil Companies) Award 1998

PART 5 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 

15. HOURS OF WORK

The employer will fix the starting and finishing times of employees.

15.1 Ordinary hours of work

15.1.1 The ordinary hours of work shall be 35 per week, or 70 per two week period, to be worked continuously (except for meal breaks) Monday to Friday inclusive. The ordinary hours of work shall be seven hours per day, except where a nine day fortnight is worked in which case the ordinary hours will be 7 hours and 47 minutes per day. The hours of work for day workers will be worked between the hours of 6.30 a.m. and 5.30 p.m. Monday to Friday inclusive.

15.1.2 The limitations of ordinary hours, the spread of hours or the daily hours may be altered for an employee or all or a section of employees by agreement between an employer and the employees affected and/or the union. The union will not unreasonably withhold its consent. Where such alteration occurs, one week’s notice of such variation or change will be given to the employee concerned and in the case of a group of employees, a notice of the intended change will be posted at the yard or depot.

15.1.3 No employee engaged in shift work will be required to work the major part of two shifts in any one day except at the regular changeover of shifts.

15.1.4 The method of working shifts and starting and finishing times may be changed by agreement between an employer and the employee(s) and or the union or by the employer giving one week’s notice of the variation to the employee(s) concerned.

15.1.5 Where it is prescribed in this award that an employee’s ordinary hours are to be worked on any of the seven days in a week nothing in this clause will act so as to alter the position however, the benefit of the principle of a rostered day-off in each two week work period will apply to such employees in centres of more than 25 people.

15.2 Shift work

15.2.1 Five-day non-continuous shift work

The provisions of 15.1.5 hereof shall apply to employees on five-day non-continuous shift work.

15.2.2 Five-day continuous shift work

Notwithstanding anything contained in this award shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle. Provided that shifts will be of eight hours duration.

15.2.3 Seven-day non-continuous shift work

Notwithstanding anything contained in this award shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle provided that the ordinary hours of any one shift shall not be more than eight hours duration. Provided further that by agreement between an employer and the union, different limitations of ordinary hours may be made to meet domestic shift rosters.

15.2.4 Seven-day continuous shift work

Notwithstanding anything contained in this award shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle. Provided that shifts will be of eight hours’ duration.

15.3 Calculation of pay rates

Where a minimum payment of eight hours is provided in this award that minimum payment shall become the equivalent of one day’s pay for the hours worked.

15.4 Rostered days-off

15.4.1 Rostered days-off may be varied by agreement between the employer and an employee, or, in the absence of agreement by 48 hours’ notice by the employer. Provided that any variation shall not result in any employee:

15.4.1(a) Being required to work more than 70 hours of ordinary time in any of the established two week periods; and

15.4.1(b) Receiving less than two long weekends of three days, i.e. a Monday or a Friday in conjunction with a Saturday and Sunday over each ten week period; and

15.4.1(c) Having the employee’s rostered day-off changed outside of any of the established two week periods.

15.4.2 Provided further that nothing in this clause shall affect the right of an employer to require an employee to work on the employee’s rostered day-off under the provisions of 15.5 hereof.

15.5 Work on rostered day-off (Monday - Friday) all employees other than seven-day shift workers

15.5.1 For all work done by an employee (other than a seven-day shift worker) on the rostered day-off the rates of pay shall be in accordance with those prescribed for overtime Monday to Friday in this award. Provided that any such employee required to report for work on the rostered day-off shall be paid for at least four hours at the appropriate rates for each attendance.

15.5.2 An employee (other than a seven-day shift worker) called upon to work on a rostered day-off, and who performs additional work outside the normal hours or shift, shall be entitled to a meal allowance/s in accordance with clause 9 - Meals and cribs.

15.6 Rostered day-off falling on a holiday

15.6.1 Shift rosters

A shift worker whose rostered day-off falls on a holiday, Monday to Friday, and who is not required to work shall receive eight hours’ ordinary time in addition to the weekly wage. This provision shall be read as being limited to seven-day shift workers and five-day continuous shift workers and to payment for one shift at the employee’s ordinary time rate.

15.6.2 Nine-day fortnight roster

Where the rostered day-off of an employee working under the nine-day fortnight roster system falls on an award holiday, Monday to Friday and the employee is not required to work on that day the employee shall by agreement between the employer and the employee or failing such agreement at the discretion of the employer either be paid an additional day’s pay at the ordinary time rate or be granted another day off in lieu thereof.