AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000
PART 7 – HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK
30. HOURS OF WORK
30.1 The ordinary hours of work shall be worked on five days of the week, Monday to Friday inclusive, within a daily spread of twelve hours, and shall not exceed eight per day without payment of overtime, other than by written agreement between the Union and the employer or by operation of 30.3.
30.2 Except as otherwise provided, the ordinary hours of work shall be an average of 38 per week with the hours actually worked being 40 per week and shall be worked:
30.2.1 with 0.4 of an hour per day accruing as an entitlement to take the twentieth day in each cycle as an accrued day off; or
30.2.2 with two hours of each week’s work accruing as an entitlement to a maximum of twelve accrued days off in each twelve month period. The accrued days off shall be taken in a minimum period of one week made up of five consecutive accrued days off in conjunction with a period of annual leave or at a time mutually acceptable to the employer and the employee.
30.2.3 An employee, who at the completion of a twenty day work cycle, has not accrued sufficient hours to enable the employee to take a full shift off duty, will continue past the twenty day work cycle until sufficient hours have accrued to enable the employee to take a fully paid shift off duty.
30.3 By agreement between the Union and an employer the ordinary hours of an employee in lieu of the provisions of 30.2, may be worked within a ten day, two week cycle, with an adjustment to hours worked to enable 76 hours to be worked over nine or 9.5 days of the two week cycle and an entitlement to take the other day or half day in each cycle as an accrued day or half day off.
30.4 An employer and employee may by agreement substitute the accrued day off the employee is to take off for another day in which case the accrued day off shall become an ordinary working day.
30.5 The provisions of this clause apply to a part-time employee in the same proportion as the hours normally worked bear to a full-time employee, provided that a part-time employee may be paid at an hourly rate based on 38 hours per week rather than accrue time off, by agreement between the parties.
30.6.1 Despite provisions contained elsewhere in this award, work may be carried out over consecutively recurring cycles followed by a special number of consecutive non-working days. Such work cycles shall only be altered or introduced by agreement with the relevant Union.
30.6.1(a) The total ordinary hours of work during a cycle shall not exceed 40 hours multiplied by the number of working and non-working weeks in the cycle.
30.6.1(b) Overtime rates shall be paid for any time in excess of eight hours per day or in excess of the total ordinary hours prescribed in 30.6.1(a).
30.6.2 Wages may be paid according to a weekly average of the ordinary hours worked even though more or less than 40 ordinary hours may be worked in any particular week of the work cycle.
30.6.3 An employee whose hours of duty are worked in accordance with the provisions of this clause shall accrue an entitlement to paid accrued days off in accordance with the provisions of 30.2.2. Provided that an employee shall have no entitlement to payment for the non-working days prescribed in 30.6.1.
30.7 Any dispute between an employer and the Union concerning the operation of this clause shall be referred to the Commission for determination.
An employee may elect, with the consent of their employer, 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.
