AP818787CRV - Clerks (Road Transport Industry) Award 2002

PART 6 - HOURS OF WORK, BREAKS OVERTIME, SHIFTWORK, WEEKEND WORK 

21. HOURS OF WORK

21.1 Ordinary hours of work

21.1.1 Subject to 21.3, the ordinary hours of work are to be an average of 38 hours per week.

21.1.2 The ordinary hours of work prescribed may be worked on any day or all of the days of the week, Monday to Friday but not exceeding eight hours exclusive of meal breaks will be worked on any day without payment of overtime.

21.2 Spread of ordinary hours

21.2.1 The starting and finishing times of an employee’s ordinary hours of work will be within the following spread of hours:

21.2.1(a) between 7.30 a.m. and 6.00 p.m.;

21.2.1(b) in the case of employees who are working in direct association with other employees who ordinarily commence duty earlier than 7.30 a.m., the spread of hours shall be between 6.30 a.m. and 5.30 p.m.

21.2.2 An employer in the State of New South Wales may fix the regular starting time of employees not being shift workers as defined in clause 22 - Shiftwork, between the hours of 4.30 a.m. and 7.30 a.m. Employees engaged under this provision will be paid 10% in addition to the ordinary rates of pay prescribed by 16.2.

21.2.3 Starting and finishing times once fixed will not be altered without seven days notice being given by the employer to the employee. Once having been determined the starting and finishing times may be varied by agreement between the employer and the employee to suit the circumstances of the establishment or, in the absence of agreement, by seven days notice of alteration given by the employer to the employee.

21.3 Methods of arranging ordinary working hours

21.3.1 The method of arranging the ordinary hours of work may be any one of the following:

21.3.1(a) by employees working less than the eight ordinary hours each day; or

21.3.1(b) by employees working less than eight ordinary hours each day on one or more days each week; or

21.3.1(c) by fixing one week day on which all employees will be off during a particular work cycle; or

21.3.1(d) by rostering employees off on various days of the week during that cycle.

21.3.2 An employer may require employees to work ordinary hours over five days Monday to Friday inclusive of not more than 7 hours 36 minutes continuously except for meal breaks, in the following circumstances:

21.3.2(a) where, prior to the operation of the 38 hour week, an employer has entered into arrangements with a client for the provision of services on a permanent or contractual basis extending over each of the five days of each week Monday to Friday inclusive it is agreed such arrangements would be prejudiced by the requirement that rostered days or part days off be taken on any day or all such days of the week; or

21.3.2(b) where any employer can demonstrate that the business is likely to be severely disrupted or is likely to suffer hardship as a result of the introduction of the reduced working week on the basis provided in 21.3.1(b), 21.3.1(c) and 21.3.1(d).

21.4 Make-up time

An employee may elect, with the consent of the employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award at ordinary rates.

21.5 Rostered days off

21.5.1 Providing for a normal rostered day off

21.5.1(a) A rostered day off may be provided by employees working to a roster drawn up in each location providing for nineteen days each of a maximum of eight hours over a continuous four week period.

21.5.1(b) Each employee will take his or her rostered day off in accordance with the roster.

21.5.1(c) Rostered days off may be accumulated to a maximum of ten days over a 40 week period.

21.5.1(d) An employee’s normal rostered day off may be changed during a roster period by agreement between the employer and the employee or in the absence of agreement by the employer giving two working days notice of such alteration, to the employee.

21.5.2 Calculation of payment and accumulation

For each of the nineteen days worked as prescribed in 21.5.1, employees will work up to a maximum of eight ordinary hours of work, and payment will be for a maximum of 7 hours and 36 minutes per day with accrual for entitlement for a rostered day off being made on the basis of a maximum of 24 minutes per day.

21.5.3 Absences from duty

21.5.3(a) Where an employee is absent from duty (other than annual leave, long service leave, public holidays, personal leave, parental leave, accident make-up pay up to five days or jury service) the employee for each day absent will lose average pay for each such day calculated by dividing the average weekly rate by five.

21.5.3(b) An employee who is absent for part of a day will lose average pay for each hour the employee is absent by dividing the employee’s average weekly rate by 38.

21.5.3(c) An employee who is absent from duty will not accrue the entitlement for a normal rostered day off. The employee will take the day off as rostered but will be paid, in respect of the week during which the rostered day off is taken the employee’s weekly pay less an amount calculated according to the following formula:

(Number of days absent during cycle x daily accrual entitlement)

x Average ordinary weekly pay
38

(where the daily accrual entitlement is that outlined in 21.5.2)

21.5.3(d) Where an employee takes long service leave, entitlement to accrue towards a rostered day off will cease. The employee will be paid the value of accrued entitlement outstanding on the last day of work prior to taking long service leave.

21.5.4 Workers absent as a result of incapacity

An employee absent from work by virtue of an incapacity which has resulted from an injury received under circumstances which entitle an employee to receive workers compensation does not accrue rostered day off entitlements during the period of absence. Upon resumption of work the entitlement period for accrual will resume and the employee will be entitled to take a rostered day off when such accrual is complete.

21.5.5 Substitute days

21.5.5(a) An employer may substitute an employee’s rostered day off for another day in the case of breakdown of plant and equipment or a failure or shortage of electric power or to meet the requirements of the business, or some other emergency situation.

21.5.5(b) An individual employee, with the agreement of the employer, may substitute the day to take off for another day.