General Retail Industry Award 2020 [MA000004]
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[Varied by PR731097]
15.1 Ordinary hours may be worked by an employee on the day specified in column 1 during the span of ordinary hours specified in column 2 of Table 2—Span of hours.
Table 2—Span of hours
Span of hours
Monday to Friday, inclusive
7.00 am – 9.00 pm
7.00 am – 6.00 pm
9.00 am – 6.00 pm
15.2 However, ordinary hours may be worked:
(a) from 5:00 am in a newsagency; or
(b) until midnight in a video shop; or
(c) until 11.00 pm if the trading hours of the establishment extend beyond 9.00 pm on a Monday to Friday or 6.00 pm on a Saturday or Sunday.
15.3 Ordinary hours of work on any day are continuous, except for rest breaks and meal breaks as specified in clause 16—Breaks.
15.4 Subject to clause 15.5, the maximum number of ordinary hours that can be worked on any day is 9.
15.5 An employer may roster an employee to work up to 11 ordinary hours on one day per week.
15.6 Full-time employees
(a) In each establishment an assessment must be made as to the kind of arrangement for working the average of 38 ordinary hours per week required for full-time employment that best suits the business of the establishment.
(b) Either the employer or the employee may initiate the making of an assessment.
(c) An assessment cannot be made more frequently than once per year.
(d) Any proposed arrangement arising out of the making of an assessment must be discussed with the affected employees with the objective of reaching agreement on it.
(e) Different groups of employees may be subject to different arrangements.
(f) An arrangement may provide for a full-time employee to be rostered to work the required number of hours in any of the ways mentioned in clause 15.6(g) and may adopt any of the options mentioned in clause 15.6(h) for working the average of 38 hours per week.
(g) The ways are:
(i) working 38 hours per week; or
(ii) working 76 hours over 2 consecutive weeks; or
(iii) working 114 hours over 3 consecutive weeks; or
(iv) working 152 hours over 4 consecutive weeks; or
(v) working an average of 38 hours per week over a longer period agreed between the employer and the employee.
(h) The options are:
(i) working 5 days of 7 hours and 36 minutes each per week; or
(ii) working days of varying length per week; or
(iii) taking 4 hours off per fortnight in addition to the rostered day off; or
(iv) taking a fixed day off per 4 week cycle; or
(v) taking a rotating day off per 4 week cycle; or
(vi) having an accumulating day off per 4 week cycle with a maximum of 5 days being accumulated over 5 such cycles.
(i) In an establishment at which at least 15 employees are employed per week on a regular basis, the employer must not roster an employee to work ordinary hours on more than 19 days per 4 week cycle.
(j) Clause 15.6(i) is subject to any agreement to the contrary between the employer and an individual employee.
(k) By agreement between the employer and an individual employee, the employee may be rostered to work:
(i) not more than 4 hours on one day per 2 week cycle; or
(ii) not more than 6 hours on one day per week; or
(iii) not more than 7 hours and 36 minutes on any day.
(l) Substitution of rostered days off
(i) With the agreement of the majority of affected employees, an employer may substitute another day or half day for a rostered day or half day off of an employee in any of the following circumstances:
(ii) A rostered day off may be changed by the employer and an employee by mutual agreement.
(m) Banking of rostered days off
(i) By agreement between the employer and an employee, up to 5 rostered days off may be banked in any one year.
(ii) A banked rostered day off may be taken at a time that is mutually convenient to the employer and the employee.
15.7 Rostering arrangements
(a) A roster period cannot exceed 4 weeks except by agreement in clause 15.6(g)(v).
(b) The employer must not roster an employee to work ordinary hours on more than 5 days per week, except as provided by clause 15.7(c).
(c) The employer may roster an employee to work ordinary hours on 6 days in one week if the employee is rostered to work ordinary hours on no more than 4 days in the following week.
(d) Consecutive days off
(i) The employer must roster an employee to work ordinary hours in such a way that they have 2 consecutive days off per week or 3 consecutive days off per 2 week cycle.
(ii) Clause 15.7(d)(i) is subject to any agreement for different arrangements entered into between the employer and an individual employee at the written request of the employee.
(iii) Different arrangements agreed under clause 15.7(d)(ii) must be recorded in the time and wages record.
(iv) The employee may end an agreement under clause 15.7(d)(ii) at any time by giving the employer 4 weeks’ notice.
(v) An employee cannot be required as a condition of employment to make a request under clause 15.7(d)(ii).
(e) Consecutive days of work
The maximum number of consecutive days on which an employee may work (whether ordinary hours or reasonable additional hours) is 6.
15.8 Employees regularly working Sundays
(a) The employer must roster an employee who regularly works Sundays in such a way that they have 3 consecutive days off (including Saturday and Sunday) per 4 week cycle.
(b) Clause 15.8(a) is subject to any agreement for different arrangements entered into by the employer and an individual employee at the written request of the employee.
(c) Different arrangements agreed under clause 15.8(b) must be recorded in the time and wages record.
(d) The employee may end an agreement under clause 15.8(b) by giving the employer 4 weeks’ notice.
(e) An employee cannot be required as a condition of employment to agree to an arrangement under clause 15.8(b).
15.9 Notification of rosters
[15.9 substituted by PR731097 ppc 01Jul21]
(a) The employer must ensure that the work roster is available to all employees, either exhibited on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
(b) The roster must show for each employee:
(i) the number of ordinary hours to be worked by them each week; and
(ii) the days of the week on which they will work; and
(iii) the times at which they start and finish work.
(c) The employer must retain a copy of each completed work roster for at least 12 months and produce it, on request, for inspection to an authorised person.
(d) Due to unexpected operational requirements, the roster of an employee other than a part-time employee may be changed by mutual agreement by the employer and the employee at any time before the employee arrives for work.
NOTE 1: Clause 10.6 deals with when the roster of a part-time employee may be changed by mutual agreement.
NOTE 2: Clause 35 contains requirements to consult with employees about roster changes.
(e) For employees other than part-time employees, the employer may make permanent roster changes at any time by giving the employee at least 7 days’ written notice of the change. If the employee disagrees with the change, the period of written notice of the change required to be given is extended to at least 14 days in total.
NOTE: Clause 10.10 deals with when the roster of a part-time employee may be changed by their employer.
(f) The employer and employee may seek to resolve a dispute about a roster change in accordance with clause 36—Dispute resolution.
(g) Clause 15.9(h) applies to an employee other than a part-time employee whose roster is changed in a particular week for a one-off event that does not constitute an emergency and then reverts to the previous roster in the following week.
(h) The employer must pay the employee at the overtime rate specified in Table 10—Overtime rates for any extra time worked by the employee because of the roster change in clause 15.9(g).
(i) An employer must not change the roster of an employee with the intention of avoiding payment of shiftwork or penalty rates, loadings or other applicable benefits. If the employer does so, the employee must be paid any shiftwork or penalty rates, loadings or benefits as if the roster had not been changed.
NOTE: See clause 27—Rostering restrictions for the rosters of shiftworkers.