AP824076 - Australian Government Employment – Conditions and Salaries Award 2003
The ordinary hours of duty for all full-time employees will be 36 ¾ per week, or an average thereof.
16.1.1 Part-time employees
Part-time employees in any classification can be employed for less than the ordinary hours of duty specified in this award for an agreed number of regular hours per week with conditions and entitlements as provided in the relevant clauses of this award.
16.1.2 38 Hour Week employees
Notwithstanding 16.1 duty for General Service Officers will not exceed 38 hours per week, or an average thereof.
Flextime is a system which allows an employee to set a pattern of attendance at work subject to the provisions of this clause.
16.2.1 Flextime will operate in an agency, or part of an agency, unless the CEO:
16.2.1(a) considers it necessary, because of essential work requirements, for an employee or group of employees in a workplace to revert to the hours of a standard day for a period; or
16.2.1(b) removes an employee from flextime for a specified period because that employee has failed to comply with the provisions of flextime.
16.2.2 Flextime will not apply to:
16.2.2(a) employees who are required to work according to a shift roster;
16.2.2(b) employees above the salary barrier, unless they work flextime by arrangement with their supervisors.
16.2.3 Flextime systems will operate consistent with the provisions of this clause, containing arrangements for the standard day, span of hours in accordance with subclause 16.3.1 and 16.5 and including matters dealing with core time, settlement period, flex credit and debit, and core time absences.
16.2.4 The times of commencement and cessation of duty, including meal breaks, will be subject to agreement between the supervisor and the employee. An employee’s attendance outside the hours of a standard day but within the span of hours will be subject to the availability of work and the approval of the employee’s supervisor.
16.2.5 The CEO and the majority of affected employees may agree to vary the operation of flextime in the agency or part of the agency. The agreement reached will be recorded in the time and wages records kept by the CEO in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
16.2.6 Definitions
16.2.6(a) A “standard day”, for the purposes of flextime, is 7 hours and 21 minutes per day for an employee who works 36 ¾ hours per week;
16.2.6(b) “Core time” means the period during the day when an employee will perform ordinary duty unless absent upon approved leave or core time absence;
16.2.6(c) “Settlement period” means the ordinary working days over which calculations are made to determine flex credit or flex debit carry over;
16.2.6(d) “Flex credit” means the accumulated amount of time worked by an employee in excess of the standard days in the settlement period, including any carry over, but does not include time worked as overtime;
16.2.6(e) “Flex debit” means the difference between the sum of the standard days in a settlement period and the aggregate amount of time worked by an employee where the total time worked is less than the sum of the standard days in the settlement period after any necessary adjustment has been made for any absence on approved leave and includes any carry over;
16.2.6(f) “Core time absence” means any approved absence during core time other than approved leave, and may be used for a full day absence or part day absences during the settlement period.
For those employees who are entitled to a rostered day off in a regular cycle, a system of rostered days off, which may include the banking of such days, may be established by agreement between the CEO and a majority of affected employees. The agreement reached will be recorded in the time and wages records kept by the CEO in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
16.3.1 A supervisor and employee may agree to alternative day(s) off (including taking the time as part days).
Subject to 16.1 and 16.5, ordinary hours of duty (other than shiftworkers) will be worked within the limits of 8.00 a.m. and 6.00 p.m., Monday to Friday. The commencing and finishing times of ordinary duty will be determined by the CEO.
16.4.1 For employees in the Northern Territory the span (other than for shiftworkers) will be 7.30 a.m. to 5.30 p.m.
Commencing and finishing times may be varied within the limits of 6.00 a.m. and 6.00 p.m. Monday to Friday, subject to a ten hour span for individual employees and a twelve hour span for individual workplaces, by agreement between the CEO and a majority of the employees affected. An employee who is a member of a relevant union may choose to be represented by the union in discussions with the CEO. The agreement reached will be recorded in the time and wages records kept by the CEO in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
The ordinary hours of duty will be worked continuously, except for meal breaks. Meal breaks should not be regarded as breaking continuity.
16.6.1 Five hour break
An employee should not work for more than five hours without a break for a meal.
An employee may elect, with the consent of the CEO, to work make up time under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award. The agreement reached will be recorded in the time and wages records kept by the CEO in accordance with Division 1 of Part 9A of the Workplace Relations Regulations.
16.8.1 Subclause 16.8 applies to the classifications contained in clause 12, which do not have an asterix shown against them, only.
16.8.2 Time off may be granted in lieu of overtime provided for under this award where the Chief Executive and the employee agree, on an “hour for hour” basis with an entitlement to a residual payment, or on a penalty time basis. For example, three hours time off plus three hours pay at half time, in lieu of three hours overtime at time and a half, or alternatively 4 ½ hours time off in lieu of pay.
16.8.3 Not granted
Where time off in lieu of a payment has been agreed, and the employee has not been granted that time off within four weeks or another agreed period, due to operational requirements, payment of the original entitlement will be made.
16.9 Hours of duty for part-timers
Before part-time duty commences, notice in writing will specify:
16.9.1 the prescribed weekly hours of duty;
16.9.2 the pattern of hours to be worked including starting and finishing times for other than shift workers, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified for an equivalent full-time employee;
16.9.3 the pattern of hours specified under 16.9.2 will be no less than three hours per day of attendance or an alternative agreed period and will be continuous on any one day;
16.9.4 the prescribed weekly hours and the pattern of hours specified under 16.9.1 and 16.9.2 will not be varied, amended or revoked without the consent of the employee. Any agreed variation to the regular pattern of hours will be recorded in writing;
16.9.5 where a full-time employee is permitted to work part-time for an agreed period for personal reasons, the notice in writing under 16.9 will provide for the hours to be varied to full-time hours on a specified date. The employee will revert to full-time hours unless a further period of part-time employment is approved.
