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AP820387 - Clerks’ (Oil Companies) Award 2002

4. DEFINITIONS

4.1 Afternoon shift - means any shift finishing after 6.00 p.m. and at, or before, midnight.

4.2 Casual employee - means an employee engaged as such and whose engagement may be terminated at any time; provided that the employee is guaranteed payment for at least one day for each engagement even if the engagement is for less than one day, and that the employee is ready and willing to work the required hours.

[new 4.3 inserted by PR951767 ppc 12Jul04]

4.3 Continuous service – means service under an unbroken contract of employment and includes any period of leave or absence authorised by the employer or by the award. An authorised period of unpaid leave does not break an employee’s continuity of service but does not otherwise count as service.

[4.3 renumbered as 4.4 by PR951767 ppc 12Jul04]

4.4 Double time - means twice the employee’s ordinary-time rate.

[4.4 renumbered as 4.5 by PR951767 ppc 12Jul04]

4.5 Double time and a half - means two and a half times the employee’s ordinary-time rate.

[4.5 renumbered as 4.6 by PR951767 ppc 12Jul04]

4.6 Employee - means any employee of a respondent to this award who is engaged principally in clerical work covered in the classifications of this award.

[4.6 renumbered as 4.7 by PR951767 ppc 12Jul04]

4.7 Employer - means any petroleum, petrochemical, oil or oil refinery company party to this award.

[4.7 renumbered as 4.8 by PR951767 ppc 12Jul04]

4.8 Holiday - means any day prescribed as a holiday by clause 36 - Holidays

[4.8 renumbered as 4.9 by PR951767 ppc 12Jul04]

4.9 Night shift means any shift finishing subsequent to midnight and at, or before, 8.00 a.m.

[4.9 renumbered as 4.10 by PR951767 ppc 12Jul04]

4.10 Ordinary-time rate and ordinary-time earnings - for an employee other than a casual employee and a part-time employee, means the hourly rate calculated from the weekly equivalent of the employee’s annual salary (exclusive of overtime, shift allowance and other extraneous payments) in accordance with clauses 7 and 8 of the Standard Hours (Oil Companies) Award 1974 [Print Q4640 [S0099]].

[4.10 renumbered as 4.11 by PR951767 ppc 12Jul04]

4.11 Permanently working - an employee is deemed to be, and to have been, permanently working an afternoon or night shift, or combination of afternoon and night shifts, if:

4.11.1 he/she works on an afternoon or night shift, or combination of such shifts, without rotating, or alternating, with another shift or with day work so as to give him/her at least 1/3rd of his/her working time off that afternoon or night shift or combination of such shifts in each shift cycle; or

4.11.2 he/she remains on afternoon or night shift only, or a combination of afternoon and night shifts, for a longer period than four consecutive weeks; or

4.11.3 he/she is specifically engaged to work on an afternoon or night shift only, or on a combination of afternoon and night shifts only.

[4.11 renumbered as 4.12 by PR951767 ppc 12Jul04]

4.12 Shift work - means work performed either in daily recurrent periods wholly, or partly, between the hours of 6.00 p.m. and 7.00 a.m. in a terminal depot and a refinery and between the hours of 6.00 p.m. and 8.00 a.m. elsewhere, or in regular rotating periods.

[4.12 renumbered as 4.13 by PR951767 ppc 12Jul04]

4.13 Time and a half - means one and a half times the employee’s ordinary-time rate.

[4.13 renumbered as 4.14 by PR951767 ppc 12Jul04]

4.14 Triple time - means three times the employee’s ordinary-time rate.

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