AP817220 - Nurses (South Australian Public Sector) Award 2002

5.2 APPLICATION OF 38 HOUR WEEK

5.2.1 A full-time employee whose ordinary hours are more or less than 38 in any particular week of a work cycle, will be paid on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments for each period.

5.2.2 Except as provided in 5.1.3 the ordinary hours of work will be an average of 38 hours per week to be worked in accordance with clause 5.1 - Hours of work.

[5.2.3 substituted by PR968361 ppc 03Feb06]

5.2.3 The method of implementing 38 hours per week will be by rostering employees in accordance with 5.1.2 so that:

• No employee will work more than 19 shifts in a 28 day work cycle unless otherwise agreed between the employee and employer. This provision is equivalent to employees having at least one programmed day off during each 28 day work cycle.
• Where the number of hours worked by a full-time employee is greater than or less than the amount prescribed in clause 5.1.1, the balance of credit or debit hours will be carried forward to the next work cycle after taking into account any previous credit or debit balances. No employee may carry forward more than 15.2 credit or debit hours.
• Any credit hours not taken as at the date of termination of an employee will be paid out at ordinary rates. If an employee has a debit balance of hours as at the date of termination, repayment to the employer will be made via a deduction from any monies payable to the employee. Should the amount owed by the employee exceed the amount payable to the employee on termination, the employee will repay the excess to the employer within 14 days unless agreed otherwise.
• This clause 5.2.3 does not apply to Registered nurses Level 3.

5.2.4 Where an employee or the majority of affected employees of a Health Care Agency or part of a Health Care Agency agree, the averaging of 38 hours per week for full-time employees, may be achieved in a manner other than providing a programmed day off.