AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
32.1 The ordinary hours of work for full-time employees shall be an average of 38 hours per week to be worked within a work cycle not exceeding 28 consecutive days.
32.2 Subject to the exemption hereinafter contained the ordinary hours of work shall not exceed eight hours per day and shall be worked each continuously (except for meal breaks) on any Monday to Friday between the hours of 4.00 a.m. and 5.00 p.m.
32.3 Ordinary hours of work shall be worked by either of the following:
32.3.1 Providing for a rostered day off
32.3.1(a) By employees working to a roster drawn up in each depot yard or garage providing for nineteen days each of eight hours over a continuous four week period.
32.3.1(b)(i) Rostered days off may be accumulated to a maximum of ten over a 40 week period. Rosters shall be fixed in advance by mutual agreement and shall not be varied unless special circumstances arise.
32.3.1(b)(ii) All such accumulated days off shall be given and taken during or at the expiration of the 40 week period.
32.3.1(b)(iii) In the fixing of such rosters, rostered days off may be taken in advance before the employee has accrued the additional time to cover days off.
32.3.1(c) Provided that in the event that the employee ceases employment with the employer before accruing credits to cover the time taken in advance, any time outstanding shall be deducted from moneys owed to the employee on termination of employment.
32.3.1(d) In those arrangements where rostered days off are not accumulated an employer may, due to operational requirements, require an employee not to take his/her rostered day off during the period it accrues. In this event, a replacement rostered day off shall be taken.
32.3.1(e) Otherwise an employee’s normal rostered day off may be changed during the currency of a roster period by agreement between the employer and such employee. In the absence of such agreement 48 hours notice of such alteration shall be given to the employee.
32.3.1(f) Payment shall be for 7 hours 36 minutes per day with accrual as entitlement for a rostered day off being made on the basis of a nineteen day period where an employee works within the work cycle not exceeding 28 consecutive days at 24 minutes per day.
32.3.1(g) Where an employer is required to service a particular client or clients and there has been a cessation of operations resulting from annual close down, industrial action, compulsory closure as a result of a legislative direction, or other circumstances beyond the control of the employer, such employer may require his/her employees to take a rostered day or days off to coincide with the day or days that the operations closed, up to a maximum of five days. In this event, a rostered day or days off which would normally become due to the employee shall not become so due for the number of days taken pursuant to the provisions of this paragraph.
32.3.1(h) Provided, however, that an employee disadvantaged in terms of leisure time by a rostered day or days off normally falling on a Friday or a Monday being required to be taken on a Tuesday, Wednesday or Thursday, then such employee shall be rostered to take a Friday or Monday day off on the earliest practicable opportunity upon his/her normal roster being resumed.
32.3.2 Providing for other than a rostered day off
In the event of any of the following circumstances prevailing:
32.3.2(a) Where an employer operates three or less vehicles at a particular yard, depot or garage;
32.3.2(b) Where an employer has entered into arrangements with a client for the provision of transport services on a permanent basis extending over each of the five days of each week Monday to Friday inclusive and where such arrangements would be prejudiced by the requirement that rostered days off be taken on any day or all of such days of the week;
32.3.2(c) Where the operations being performed by the employer are such that it is necessary for the particular employees to work five days of each week Monday to Friday inclusive and where such operations would be prejudiced by the requirement that a rostered day off be taken on any or all of such days;
the employer may require his/her employees to work ordinary hours over five days, Monday to Friday inclusive, in a manner other than a rostered day off but consistent with 33.2.1 continuously.
32.4 Absences from duty
32.4.1 Where an employee is absent from duty (other than on annual leave, long service leave, public holidays, parental leave, personal leave, workers compensation; or jury service) he/she shall for each day absent lose average pay for each such day calculated by dividing his/her average weekly wage rate by five.
32.4.2 An employee who is absent for part of a day shall lose average pay for each hour he/she is absent by dividing his/her average weekly wage rate by 38.
32.4.3 Where an employee is absent from work for a period which exceeds five consecutive working days by virtue of an incapacity which has resulted from an injury received under circumstances which entitle an employee to receive workers compensation, entitlement towards a rostered day off, as provided in 32.3 shall not accrue for the period which exceeds five days, but the accrual for a rostered day off shall be suspended and the employee shall not become entitled to further accrual until his/her return to work. Upon resumption of work the entitlement period for accrual will resume and the employee shall be entitled to take a rostered day off when such accrual is completed.
32.5 Transport allowance
[32.5.1 varied by PR919667 PR934636 PR948870 (PR958890 cancelled and replaced by PR959598 ppc 13Jul05); varied by PR959598; PR975633 PR979342; PR983969 ppc 08Oct08]
32.5.1 Employees shall be paid a transport allowance of $7.84 per day when required to commence duty before 4.00 a.m., being the earliest hour for commencement of work under clause 32 - Hours of work.
32.5.2 Provided that employees supplied with company transport or who receive transport reimbursement will not qualify for transport allowance.
32.6 Make up time
An employee may elect, with the consent of the 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.
