AP836954 - Medibank Private Limited Award 2004
PART 6 - WORKING HOURS
19. ORDINARY HOURS OF DUTY
19.1.1 The ordinary hours of work are 36-3/4 hours per week.
19.1.2 The normal span of hours is from 8.00 a.m. to 6.00 p.m., Monday to Friday. To suit the circumstances of the workplace, subject to a maximum ten hour span and agreement between MPL and a majority of the employees affected, ordinary hours may commence from 7.00 a.m. and operate to 6.00 p.m.
19.1.2(a) An employee may choose to be represented by an employee representative, which includes the union or other employee representatives capable of representing the industrial interests of the employee, in discussions with MPL.
19.1.2(b) The agreement reached will be recorded in writing.
19.1.3 An employee will not be required to work for more than five hours without a break for a meal.
A scheme of flexible working hours will continue to operate and is available to full-time employees and is subject to work availability and operational requirements. Inclusion in the scheme is also dependent on compliance with the procedures and provisions of the scheme set out in Company policy.
For those employees who are entitled to a rostered day off in a regular cycle, a system of rostered days off may be established by agreement between MPL and a majority of affected employees.
19.3.1 A supervisor and an employee may agree to alternative rostered day(s) off.
19.3.2 An employee may elect, with the consent of their supervisor, to take rostered days off in part day amounts.
19.3.3 An employee may elect, with the consent of their supervisor, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by their supervisor, or subject to reasonable notice by the employee or their supervisor.
19.3.4 The agreement reached will be recorded in writing.
19.4.1 Proposals for part-time work may be initiated by the MPL for operational reasons, or an employee for personal reasons.
19.4.2 Before a part-time employee commences duty the Company will specify by notice in writing:
19.4.2(a) the prescribed weekly hours of duty;
19.4.2(b) the pattern of hours to be worked including starting and finishing times, on each or any day of the week, Monday to Friday, within the limits of the span of hours specified in 19.1.
19.4.3 The pattern of hours specified in 19.4.2 will be no less than three hours per day of attendance or an alternative period agreed between an employee and their manager, and will be continuous on any one day.
19.4.4 Part-time employees, may have their times (as set in accordance with 19.4.2), duties and locations varied to meet operational demands including attendance at training courses, seminars and conferences, and duty away from the employee’s usual position (which may include interstate duty).
19.4.5 Part-time employees receive, on a pro rata basis, equivalent pay and conditions to full time employees of the same classification.
19.4.6 Part-time employees may apply to change the agreed prescribed weekly hours of duty (advised prior to engagement or commencing part-time duty) or the hours of duty, including starting and finishing times, or both. Application will be in writing, giving a minimum of two weeks notice of the change requested, and be for a minimum period of change of one month.
19.4.7 No pressure will be exerted on full-time employees to convert to part-time employment or to transfer to another position to make way for part-time employment. The written agreement of a full-time employee must be obtained before the hours of that employee’s position can be reduced.
19.4.8 Where a full-time employee is permitted to work part-time for an agreed period, the notice in writing under 19.4.2 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.
19.5.1 Shift work is work that involves any shift or combination of shifts used in place of ordinary hours of duty and includes:
19.5.1(a) continuous shifts - covering the entire 24 hour day, seven days of the week, the most common arrangement being 3 x 8 hours (e.g. 8.00 a.m. to 4.00 p.m., 4.00 p.m. to 12.00 midnight, 12.00 midnight to 8.00 a.m.);
19.5.1(b) non-continuous shifts - covering the entire 24 hour day but for only part of the week (e.g. Monday to Friday, weekend);
19.5.1(c) continuous day shift covering the seven days of the week but for only part of the day (e.g. 8.00 a.m. to 4. .m.);
19.5.1(d) double-day shift - where there are two distinct shifts in a 24 hour day (e.g. two day shifts: a morning shift from 8.00 a.m. to 4.00 p.m. and an afternoon shift from 4.00 p.m. to 12.00 midnight);
19.5.1(e) alternate day and night - one day shift and one night shift - usually of twelve hour duration (e.g. a day shift from 8.00 a.m. to 8.00 p.m. and a night shift from 8.00 p.m. to 8.00 a.m.). This form of either continuous or non-continuous shifts may only be worked where an individual award or agreement so provides;
19.5.1(f) twilight/late shift - usually worked by part-time employees working a short shift in the evening (e.g. 6.00 p.m. to 10.00 p.m.);
19.5.1(g) permanent night shift;
19.5.1(h) but does not include single shifts commencing at or after 6.30 a.m. or finishing at or before 6.00 p.m. between Monday and Friday.
19.5.2 Shift rosters will specify the commencing and finishing times of ordinary working hours of the respective shifts.
19.5.3 The ordinary hours of work will not exceed 38 hours per week to be worked on one of the following basis:
19.5.3(a) up to 38 hours within a period not exceeding seven consecutive days; or
19.5.3(b) up to 76 hours within a period not exceeding fourteen consecutive days; or
19.5.3(c) up to 152 hours within a period not exceeding 28 consecutive days.
The ordinary hours will be worked continuously except for meal breaks at the discretion of MPL. Except at regular change over of shifts an employee will not be required to work more than one shift in each 24 hours.
19.5.4 MPL will consult with affected employees with respect to the introduction of shift work or a new shift roster or arrangement of shift cycles in accordance with the provisions of this clause.
19.5.5 Shift workers can exchange shifts by mutual agreement, with the consent of MPL, and provided that the arrangement does not give any employee an entitlement to an overtime payment.
19.6.1 Rostered ordinary duty performed on a shift, any part of which falls between the hours of 6.00 p.m. and 6.30 a.m., Monday to Friday, will attract an additional 15% of salary for that shift.
19.6.2 Rostered ordinary duty performed on a shift, falling wholly within the hours of 6.00 p.m. and 8.00 a.m., Monday to Friday, will attract an additional 30% of salary for that shift.
19.6.3 Rostered ordinary duty performed on a shift, any part of which falls between midnight on Friday and midnight on Saturday, will be paid an additional 50% of salary for that shift.
19.6.4 Rostered ordinary duty performed on a shift, any part of which falls between midnight on Saturday and midnight on Sunday, will attract an additional 100% of salary for that shift.
19.6.5 Rostered ordinary duty performed on any part of a public holiday, will attract an additional 150% of salary for that shift.
19.6.6 The additional payment prescribed by this clause will not be taken into account in the computation of overtime nor in the determination of any allowance based upon salary, nor will it be paid with respect to any shift for which any other form of penalty payment is made.
19.6.7 The period for which the additional payment prescribed by this clause will be paid, will be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.
19.6.8 Additional payment for ordinary duty, as prescribed by this clause, will be made in respect of any such duty which an employee would have performed had the employee not been on approved recreation leave.
19.7.1 For employees who receive regular shift duty payments for some of their rostered ordinary hours of duty, the amounts calculated will be annualised and paid in the form of an allowance each fortnight.
19.7.1(a) Annualised means the average of the total shift penalty entitlements payable over a shift cycle.
19.7.1(b) The fortnightly shift allowance will be paid for each full pay period, except where an employee is on sick leave for the full pay period.
