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AT773671CRV - Community Pharmacy Award 1998 [Transitional]

PART 6 - HOURS OF WORK, BREAKS, OVERTIME 

21. HOURS OF WORK & PENALTY RATES FOR ORDINARY TIME

21.1 The ordinary hours of work shall not exceed an average of 38 per week to be worked in any one of the following forms:

21.1.1 38 hours within a work cycle not exceeding seven consecutive days; or

21.1.2 76 hours within a work cycle not exceeding fourteen consecutive days; or

21.1.3 114 hours within a work cycle not exceeding 21 consecutive days; or

21.1.4 152 hours within a work cycle not exceeding 28 consecutive days.

21.2 Ordinary hours of work may be worked between the hours of 7.00 am to midnight Monday to Sunday and shall not exceed twelve hours on any one day.

21.3 All employees shall be paid a minimum of three hours for each start.

21.4 By agreement between an employer and employee the minimum number of hours for each start may be less than three in situations where

21.4.1 the Pharmacy is open for business for less than three hours on a particular day or,

21.4.2 where a pharmacist is employed to provide meal break relief for an existing pharmacist working as a sole pharmacist.

21.5 There shall be not less than a ten hour break between finishing work (including overtime) on one day and the commencement of work on the next day.

[21.6 varied by Q9189 from 05Nov98]

21.6 Where a pharmacist is required to remain on the premises during a meal break the period of the meal break shall be included in the calculation of the twelve hours mentioned in 21.2.

21.7 Meal breaks taken on the premises do not count in the calculation of 38 hours per week.

21.8 The following penalty rates shall be paid to all employees in respect to ordinary hours of work:

21.8.1 Victoria

21.8.2 New South Wales

21.8.3 ACT

21.8.4 Queensland

21.8.5 South Australia

Monday to Friday inclusive:

 

between 7.00am and 8.00am

the ordinary rate of pay plus 50%

between 6.30pm and midnight

the ordinary rate of pay plus 50%

   

Saturday

 

between 7.00am and 8.00am

the ordinary rate of pay plus 50%

between 12.30pm and 5.00pm

the ordinary rate of pay plus 25%

between 5.00pm and 6.00pm

the ordinary rate of pay plus 75%

between 6.00pm and midnight

the ordinary rate of pay plus 100%

   

Sunday

 

between 7.00am and midnight

the ordinary rate of pay plus 100%

   

Public holidays

 

Between 7.00am and midnight

the ordinary rate of pay plus 100%

21.8.6 Tasmania

21.8.7 Western Australia

21.9 All times worked between midnight and 7.00 am shall be paid at double time.

21.10 Time off in lieu of payment for penalty rates

21.10.1 In Victoria, Queensland, Tasmania and Western Australia

Where an employer and employee agree time off at the penalty equivalent, or any part of it, may be taken in lieu of penalty payments. Provided that such time off is taken within 28 days or is accumulated and added to the period of annual leave.

21.10.2 In New South Wales, South Australia, The Australian Capital Territory and the Northern Territory

Where an employer and employee agree time off at the penalty equivalent, or any part of it, may be taken in lieu of penalty payments for Public Holidays only. Provided that such time off is taken within 28 days or is accumulated and added to the period of annual leave.

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