AP817220 - Nurses (South Australian Public Sector) Award 2002

PART 5 - HOURS OF WORK 

5.1 HOURS OF WORK

[5.1.1 substituted by PR968361 ppc 03Feb06]

5.1.1 The ordinary hours of work are an average of 38 hours per week, to be worked according to roster. Subject to clause 5.2.3, or unless otherwise agreed between the employer and the majority of affected employees, the ordinary hours of duty are worked on the basis of 152 hours with a work cycle not exceeding 28 consecutive days. There should be a reasonable balance of hours worked in each fortnight of any 28 day period.

5.1.2 The ordinary hours of work (exclusive of meal breaks and any additional breaks) for all employees other than those mentioned in 5.1.3 will be continuous and will not, unless there is agreement between the employer and the majority of employees affected, exceed ten hours per day or shift.

5.1.3 There will be no fixed hours of duty for Registered nurses levels 4 and 5.

5.1.4 By arrangement with the employees an unpaid meal break is allowed on each day or shift.

5.1.5 The duration of a meal break is between 30 and 60 minutes. A meal break interrupted by a call to duty is counted as time worked by the employee. A meal break is to be taken as soon as practicable. An employee is to receive overtime pay for the interrupted meal break if it is considered impracticable to have a meal break during the remainder of ordinary hours.

5.1.6 The ordinary hours of work for employees, other than registered nurses level 4 and 5, will be displayed on a roster conveniently placed and accessible to employees at least fourteen days before the commencement of the day on which the roster commences. A roster may be altered at any time to enable the nursing service of the Health Care Agency to be carried on in an emergency or when another employee is absent from duty.

5.1.7 The period of night duty to be worked by an employee must not exceed sixteen weeks in any twelve month period. This may be varied by agreement with the employee. These provisions will not apply if the employee is required to perform duty to enable the nursing service to be carried on in an emergency or when another employee is absent from duty because of illness.

5.1.8 An employee must wherever practicable have at least eight hours free from duty between the completion of one rostered shift and the commencement of the next rostered shift. Where the ordinary hours of work on a rostered shift have exceeded eight hours, the period free from duty must be at least equal to the number of ordinary hours of the shift being worked concurrently with the period free from duty.

5.1.9 An employee changing from night duty to day duty or from day duty to night duty will be free from duty during the twenty hours immediately preceding the commencement of the changed duty. This subclause will not apply if the employee is required to perform duty to enable the nursing services of the Health Care Agency to be carried out in an emergency or when another nurse is absent from duty.

5.1.10 Every employee is wherever practicable entitled to consecutive days off duty, provided the provisions of this subclause may be varied by mutual agreement.

[5.1.11 substituted by PR968361 ppc 03Feb06]

5.1.11 Except where provided for in 5.1.12, no employee will be required to work:

• on more than eight consecutive days where shifts are of no more than eight ordinary hours of work in duration;
• on more than six consecutive days where shifts are of more than eight but no more than nine ordinary hours of work in duration;
• on more than five consecutive days where shifts are of more than nine ordinary hours of work in duration; and
• more than 66 hours over consecutive days where the employee’s shifts consist of a combination of 10 hour night shifts and shifts of less than 10 hours of work in duration.

[5.1.12 inserted by PR968361 ppc 03Feb06]

5.1.12 Where an employee’s shifts consist only of 10 hour night shifts, up to six consecutive days may be worked by mutual agreement.