AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK AND WEEKEND WORK 

21. ORDINARY HOURS OF WORK - DAY WORK AND SHIFT WORK

21.1 Hours of duty - day work

21.1.1 Unless otherwise agreed between the parties, the ordinary hours of work shall be an average of 38 hours per week to be worked on the basis of 152 hours within a work cycle not exceeding 28 consecutive days.

21.1.2 The Company and a majority of employees may agree to work ordinary hours over a cycle in excess of 28 days.

21.1.3 The ordinary hours of work prescribed herein shall not exceed 40 per week, worked on five days of eight hours each, continuously between 7.00 a.m. and 6.00 p.m. on Monday to Friday inclusive. Provided that the spread of hours or daily hours herein prescribed may be altered by mutual agreement between the Company and its employees. Matters upon which agreement may be reached include:

21.1.3(a) how the hours are to be averaged over a work cycle;

21.1.3(b) the duration of the work cycle for day workers;

21.1.3(c) the payment of accrued rostered days off, which may be paid at the end of any calendar year.

21.1.4 Provided that work done between 5.00 a.m. and the commencement of the spread of hours fixed in accordance with this clause for which overtime rates are payable shall be deemed to be part of the ordinary hours of work where the ordinary hours worked within the prescribed spread of hours in any one week are less than the average of 38 hours per week over a work cycle not exceeding 28 days.

21.1.5 An employee shall be entitled to the following meal and tea breaks to be taken at times fixed by the Company.

21.1.5(a) An unpaid meal break of not less than 30 minutes and not more than one hour to be commenced after not more than six hours work, such time being calculated from the normal time of commencement of duty, provided however that where an employee works more than six hours without a meal break he or she shall be paid at overtime rates until he or she commences a meal break.

21.1.5(b) One paid tea break of not more than 15 minutes duration which shall be taken either in the first or second half of the period of ordinary hours of duty, provided however that the paid tea break shall be taken in the area in which the employee is working at the time the break falls due.

21.2 Twelve hour shifts

In lieu of 21.1, 21.3 and 21.4 the alternative provisions of this clause may apply.

21.2.1 Standard hours of work will be an average of 38 to be worked over 304 hours per eight week cycle.

21.2.2 Daily ordinary hours shall not exceed 12 per day and can be worked by agreement between the employer and the majority of employees in an area in any combination, however, in the absence of agreement 21.1.1 will apply.

21.2.3 To facilitate this clause ordinary shift and related shift penalty payments will be averaged over the shift cycle for pay purposes.

21.2.4 The average shift penalty will not be paid for sick leave, workers’ compensation, long serve leave and overtime, or for any other purpose other than the calculation of ordinary time earnings.

21.2.5 Where a LAME is absent due to sick leave as prescribed by 24.3, the average fortnightly payment will be reduced proportionate with the shift penalty appropriate to that shift or shifts.

21.2.6 By agreement between the Company and the majority of employees in the affected section or part of the affected section concerned, 12 hour days or shifts may be introduced subject to:

21.2.6(a) Proper health monitoring procedures being introduced.

21.2.6(b) Suitable roster arrangements being made.

21.2.6(c) Proper supervision being provided.

21.2.6(d) Adequate breaks being provided.

21.2.6(e) An adequate trial or review process being implemented through the consultative process.

21.3 Shift work

For the purpose of this clause the following definitions shall apply:

21.3.1 Early morning shift ‘A’ means a shift which commences between midnight and 7.00 a.m.

21.3.2 Early morning shift ‘B’ means a shift which commences after 4.00 a.m. and before 7.00 a.m.

21.3.3 Day shift means a shift which commences at 7.00 a.m. or later, but finishes at or before 6.00 p.m.

21.3.4 Afternoon shift means a shift finishing after 6.00 p.m. but not later than midnight.

21.3.5 Nightshift means a shift which finishes after midnight and at or before 8.00 a.m.

21.3.6 Rostered shift means a shift of which the employee concerned has had at least 48 hours notice.

21.4 The ordinary hours of shift work shall not exceed:

21.4.1 eight hours in any shift;

21.4.2 80 hours in two roster weeks;

21.4.3 average of 152 hours in any four week cycle.

21.5 A meal break of not less than 20 minutes duration shall be allowed and shall be counted as time worked. One paid tea break of not more than 15 minutes duration in addition shall be taken in either the first or second half of the period of ordinary hours of duty, provided however that the paid tea break shall be taken in the area in which the employee is working at the time the break falls due.

21.5.1 The meal break shall be taken not later than six hours after commencing an ordinary shift, provided however that where an employee works more than six hours without a meal break they shall be paid at overtime rates until they commence a meal break.

21.6 Shift work generally

[26.1 substituted by PR974380 from 05May05; varied by PR975301 ppc 01Dec06]

21.6.1 This subclause shall apply to all shift workers who shall be paid as follows:

All shifts worked on Saturday		Time and a half
All shifts worked on Sunday		Double time
All shifts worked on public holidays as defined in this award (with exception of Christmas Day and Good Friday)		Double time
All shift worked on Christmas Day - and Good Friday		Double time and a half
Early morning shifts ‘A’		22-1/2% more than the ordinary rates for such shifts.
Early morning shifts ‘B’		15% more than the ordinary rates for such shifts. Provided that at Mascot for an early morning shift that commences on or before 6.00 a.m. such allowance shall be 17-1/2% (International only).
Afternoon shift		15% more than the ordinary rates for such shifts.
Night shift		22-1/2% more than the ordinary rates for such shifts.
Afternoon and night shifts on weekend and public holidays extra		$10.07 per shift.

21.6.2 All time worked in excess of or outside the ordinary working hours prescribed by this clause, or on a shift other than a rostered shift, shall be paid at the rate of double time, except when the time is worked by arrangement between the employees themselves in mutually agreed changes.

21.6.3 Except at the changeover of shifts, an employee shall not be required to work more than one shift in any day.

21.6.4 An employee shall be granted at least ten hours free of duty between periods of duty or paid at overtime rates until such time off is granted.

21.6.5 Shift work rosters shall specify the commencing and finishing times or ordinary working hours of the respective shifts and shall be posted to give at least seven days notice of any change. Provided however, that the shift work roster may be varied by agreement between the employer and the majority of employees for the area concerned without seven days notice or in the absence of agreement by seven days notice of alteration given by the employer to the employee.

21.6.6 Where any shift worker is required to change his/her roster he or she shall be given at least two days notice of the change, or in the absence of such notice he or she will be paid for those shifts worked during the period at the rate of double time.

21.6.7 An employee who is required to transfer to another maintenance base with less than two days notice for a period in excess of two days, shall be deemed to have changed his/her roster and shall be entitled to the payments prescribed under 21.6.6.

21.6.8 Shift workers who work on any afternoon or night shift roster system which does not continue for at least five consecutive afternoons or nights shall be paid at the rate of time and a half.

21.6.9 A shift worker who:

21.6.9(a) during a period of engagement on shift work, works night shift only; or

21.6.9(b) remains on night shift for a longer period than four consecutive weeks; or

21.6.9(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least 1/3rd of or her working time off night shift in each roster cycle,

shall be paid at the rate of single time plus 30% for all time worked during ordinary working hours on such night shifts (Monday to Friday).

21.6.10 In order to meet the needs of the industry, an employee may be required to work as a day worker or as a one (day), two (day/aft) or three (day/aft/night) shift worker at the rates applicable thereto and may be required to transfer from one of those systems of work to another, provided however that at least one week’s notice shall be given of such things.