AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
24.1 Ordinary working hours
All weekly and part-time employees will work their ordinary working hours on any five days of the week, Monday to Sunday inclusive on the following basis:
24.1.1 At least once every two weeks an employee must be granted two consecutive days off which must not include the rostered day off.
24.1.2 There must not be more than one long day in any week. A long day is defined as a day exceeding nine ordinary hours of work. However by mutual agreement additional long days may apply.
24.1.3 The maximum number of ordinary hours which may be worked on any one day will be eleven hours.
24.1.4 Ordinary hours must be worked on not more than five days in each week, however ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days.
24.1.5 Sunday work
24.1.5(a) Once every four weeks, an employee who works ordinary hours on a Sunday must be given three consecutive days off (not including the nineteen day month RDO) which must include Saturday and Sunday. By mutual agreement alternative arrangements may apply.
24.1.5(b) Where an employee transfers at his/her own request to a store where Sunday trading is already lawful, the employee will not have the right to refuse to work on Sundays at the new store.
24.1.5(c) Where an employee transfers at the employer’s request to another store where Sunday trading is already lawful, the employee will keep the right to refuse to work on Sundays at the new store.
24.1.6 24.1.1 to 24.1.5 do not apply to employees engaged under clause 27 - Shift work of this award.
24.1.7 Each full-time weekly employee may be rostered so that the maximum number of hours that will constitute an ordinary week’s work without the payment of overtime must not exceed on average 38 hours each week and may be worked in any of the following forms.
24.1.7(a) 38 hours in one week;
24.1.7(b) 76 hours in two consecutive weeks;
24.1.7(c) 114 hours in three consecutive weeks; or
24.1.7(d) 152 hours in four consecutive weeks.
24.2 Break between shifts
There must be not less than a ten hour break between finishing work (including overtime) on one day or shift and the start of work on the next day or shift.
24.3 Five or less employees - rostering by mutual agreement
In shops with five or less weekly and part-time employees, rostered days off will be decided by mutual agreement between the employer and employees.
24.4 Store managers - rostering by mutual agreement
The rostering of store managers will be by mutual agreement between the employer and employees.
24.5 Twenty or more employees - ordinary hours
In shops employing on a regular basis twenty or more employees each week, unless specific agreement exists to the contrary between an employer and an employee, the employee must not be required to work ordinary hours on more than nineteen days (152 hours) in each four week cycle. Where specific agreement exists between an employer and an employee, the employee may be worked on the basis of:
24.5.1 Not more than nine and a half days (76 hours) in each two week cycle;
24.5.2 Not more than four and three-quarter days (38 hours) in each week;
24.5.3 Not more than 38 hours in each week.
24.6 Between nine and twenty employees - ordinary hours
In shops employing on a regular basis more than nine employees but less than twenty employees each week, unless specific agreement exists to the contrary between an employer and an employee, the employee may be worked his/her ordinary hours on one of the following bases at the employer’s discretion:
24.6.1 Not more than nineteen days (152 hours) in each four week cycle;
24.6.2 Not more than nine and a half days (76 hours) in each two week cycle;
24.6.3 Not more than four and three-quarter days (38 hours) in each week.
Where specific agreement exists between an employer and an employee, the employee may be worked on not more than 38 hours each week.
24.7 Nine or less employees - ordinary hours
In shops employing on a regular basis nine or less employees each week, the employee may be worked his/her ordinary hours on one of the following bases at the employer’s discretion:
24.7.1 Not more than nineteen days (152 hours) in each four week cycle;
24.7.2 Not more than nine and a half days (76 hours) in each two week cycle;
24.7.3 Not more than four and three-quarter days (38 hours) in each week;
24.7.4 Not more than 38 hours in each week.
24.8 Definition of regular basis
In this clause employing on a regular basis means employees of the employer engaged on the premises.
24.9 Rosters
24.9.1 Every employer must, by a legible notice, which must bear the date when it is affixed, exhibit and keep exhibited in a place accessible to the employees the starting and finishing time of each employee for each day of the week, and must show thereon any change in the starting time and finishing time of any employee and the date on which the change was effected.
24.9.2 The rostered times must not be altered without seven days’ notice unless by agreement with the employees or in the event of an emergency.
24.10 Rostered days off (RDO)
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of RDO to provide that:
24.10.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.
24.10.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
24.10.3 An employee may elect, with the consent of the employer, 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 the employer, or subject to reasonable notice by the employee or the employer.
24.10.4 Clause 24.10 is subject to the employer informing each union which is both party to the award and which keeps members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
24.10.5 Once a decision has been taken to introduce an enterprise system of RDO flexibility, in accordance with this clause, its terms must be set out in the time and wages records.
24.10.6 An employer shall record RDO arrangements in the time and wages book each time this provision is used.
