AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002
33.1 Notwithstanding anything elsewhere contained in this award the following provisions shall apply in the State of Victoria in the case of an employer who is subjected to restrictions or rationing in the use of electric energy and/or coal gas and/or the emergency disconnection thereof in accordance with orders or regulations approved by the appropriate lawful authority.
33.1.1 If by reason of such restriction or rationing or emergency disconnection the employer is unable usefully to employ an employee for the whole or part of any day or shift, they may deduct from the wages of that employee payment for any part of the day or shift such employee cannot be usefully employed; provided that:
33.1.1(a) if an employer requires the employee to attend for work but is not able to employ them usefully the employee shall be entitled to be paid for two hours work;
33.1.1(b) where an employee commences work they shall be entitled to be paid for four hours work;
33.1.1(c) this clause shall not apply to apprentices.
33.1.2 The employer may require any day worker to perform their ordinary hours of work (or any such ordinary hours of work) at any time on any day other than on a Sunday on the basis of 38 hours per week. The following rates of pay shall apply for such work:
33.1.2(a) for work performed on Monday to Friday from 7.00 a.m. to 5.30 p.m. and on Saturday from 7.00 a.m. to noon - ordinary time;
33.1.2(b) for work performed between noon and midnight on Saturdays - ordinary rates plus 25 per cent;
33.1.2(c) for work performed at all other times other than on a Sunday - ordinary rates plus 10 per cent.
Provided that when a shift worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m. the amount they shall receive shall not be less than an amount of 50 cents more than the amount they would receive if paid at ordinary rates.
33.1.3 The employer may require any shift worker to perform their hours of work at any time other than on a Sunday on the basis of 38 hours week. The following rates of pay shall apply for such work:
33.1.3(a) for day work or day shift - ordinary time.
33.1.3(b) for work performed between noon and midnight on Saturdays - ordinary rates plus 25 per cent;
33.1.3(c) for afternoon and night shift - ordinary rates plus 10 per cent.
Provided that when a shift worker is required to commence work between the hours of 9.30 p.m. and 6.00 a.m. the amount they shall receive shall not be less than an amount of 50 cents more than the amount they would receive if paid at ordinary rates.
33.1.3(d) nothing contained in this clause shall operate so as to reduce the shift premiums payable to employees who were shift workers working on afternoon and night shifts only at the date of such interference as aforesaid and who continue to work on such shifts.
33.1.4 The employer may alter the time at which meal breaks are usually taken and/or the duration of them, in order to avoid or mitigate the effects of such interference without being liable to pay penalty rates for work done during the normal meal breaks; provided that the commencing time of any meal break is not made more than one hour earlier or later than usual and that a meal break of at least twenty minutes is allowed; and provided also that the employer shall, whenever it is practicable, consult with the representative of the union or other employee representative before acting under this paragraph.
33.2 Notwithstanding anything elsewhere contained in this award the provision of this section shall also apply in the case of an employer who uses auxiliary power plant for the purpose of providing employment for their employees whilst such restrictions or rationing or emergency disconnection is in force and who:
33.2.1 is unable usefully to employ an employee for the whole of any day or shift by reason of a breakdown in such plant through no fault of their own; or
33.2.2 because of the inability of the auxiliary power plant to meet the normal demands for power:
33.2.2(a) finds it necessary to require any employee to perform their ordinary hours of work (or any of such ordinary hours of work) outside the hours normally worked by such employee; or
33.2.2(b) finds it necessary to alter the time at which meal breaks are usually taken and/or the duration of them.
