AP825433 - Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Clerical and Administrative Employees Award 2003
PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK
21. HOURS OF WORK
21.1 Day workers
The times during which a day worker may be regularly rostered to work ordinary hours will be:
21.2 Shift workers
The times during which a shift worker may be regularly rostered to work will be any shift Monday - Friday which finishes after 7.00 p.m. and before midnight.
21.3 Casual employees
21.3.1(a) A casual employee's hours of duty will be allocated on the following basis:
21.3.1(b) A maximum of five days in any week unless, by agreement, an employee is willing to work six days.
21.3.1(c) A maximum of ten and a half hours (exclusive of meal breaks) on any day.
21.3.1(d) A maximum of 38 hours in any week.
21.3.1(e) A minimum ten hour break must be provided between completion of work on one day (including overtime) and the commencement of work on the following day.
21.3.2 Start times may be changed by agreement with the employee prior to the employee's arrival for work.
21.4 Make-up time
An employee may elect, with the consent of their 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 or ordinary hours provided in the award, at ordinary rates.
21.5 Full-time employees
21.5.1 All rosters for full-time employees will provide for 152 hours over any four week cycle.
21.5.2 The minimum engagement a full-time employee may be rostered to work on any day is four hours.
21.5.3 The maximum engagement an employee may be rostered on any day shall be ten and a half hours (exclusive of meal breaks.)
21.5.4 The maximum hours a full-time employee may be rostered to work in any week will be 46.
21.6 Part-time employees
21.6.1 The minimum engagement a part-time employee may be rostered to work on any day will be three hours.
21.6.2 In addition to any rostered shift, a part-time employee by agreement or through volunteering, may work additional hours up to 38 in any week, or 152 in any four week cycle at the ordinary rate, provided that such additional hours are offered:
21.6.2(a) within the ordinary spread of hours applicable to the employee;
21.6.2(b) in accordance with the relevant roster principles contained in this award.
21.7 Maximum daily engagement
The maximum engagement an employee may be rostered on any day will be ten and a half hours (exclusive of meal breaks).
21.8 Maximum days to complete roster
Rostered hours will be worked on not more than five days in each week unless:
21.9 Maximum consecutive days
An employee may be rostered to a maximum of six consecutive days in any fortnight.
21.10 Maximum starts
A permanent employee shall be rostered to a maximum of twenty starts in any four week cycle.
21.11 Days off
Permanent employees must be rostered in such a way that they receive at least two consecutive days off each fortnight.
21.12 Minimum break between shifts
There must be a minimum break of ten hours between an employee's finishing time on one shift (including overtime) and commencing time on the next shift.
21.13 Change of roster
Due to unexpected operational requirements, an employee's roster for a given day may be changed by mutual agreement with the employee prior to shift commencement.
21.14 Permanent change of roster
Any permanent roster change must be provided to the employee in writing with a minimum seven days notice.
21.15 Disagreement over roster change
Should the employee disagree with any permanent roster change, they will be provided with a minimum fourteen days written notice instead of seven, during which time there must be discussions aimed at resolving the matter in accordance with clause 8 - Grievance procedure.
21.16 Roster must be provided
Subject to 21.13 and 21.14, employees must be provided with rosters on a permanent basis.
21.17 Saturday work
Employees engaged as at 2 June 1995 must volunteer to work a roster inclusive of ordinary time on Saturdays.
21.18 Rostering to avoid entitlements
An employee's roster may not be changed with the intent of avoiding payment of penalties or loadings, or other benefits applicable. Should such circumstances arise, the employee will be entitled to such penalty, loading or benefit, as if their roster had not been changed.
