PART 6 - HOURS OF WORK, SHIFT WORK, MEAL BREAKS AND OVERTIME
23.1 The ordinary hours of work are to be an average of 38 per week worked over five attendances per week.
23.2 An employee shall not be required to work more than ten ordinary hours per day.
23.3 Except as provided for in 23.6.2(a), the ordinary hours of an employee must not exceed 152 hours in 28 consecutive days.
23.4 Method of arranging ordinary hours
The method of arranging ordinary hours may be:
23.4.1 by employees working a constant number of ordinary hours each day; or
23.5 Alteration to hours of work
Subject to the employer's right to fix the daily hours for day work within the spread of hours referred to in 23.6 and the right to require employees to work shifts on existing rosters, ordinary hours once determined may be altered:
23.5.1 by the employer giving fourteen days notice of the requirement to change the arrangement of hours or the shift roster.
23.5.2 by mutual agreement between the employees concerned and their employer; or
23.5.3 at the discretion of the employer, employees may be permitted to exchange shifts or days off to perform duty for another employee. In such circumstances the employer is not required to make any additional payment.
23.5.4 Provided where an employee receives notice under 23.5.1 or 23.5.2 and he or she raises significant concerns about the alteration of their hours of work due to their personal or family circumstances, the employer shall consult with the employee about such concerns.
23.6 Provisions applicable to day work
23.6.1 Except as provided for in 23.6.2(a) and 23.6.3(a), the ordinary hours of work for day work shall be worked between the following spread of hours:
23.6.1(a) Monday to Friday 6.00 a.m. to 6.00 p.m.
23.6.2 Flexibility in relation to work hours
23.6.2(a) The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:
23.6.2(a)(i) The spread of hours in 23.6.1(a) and 23.6.1(b) may be altered by up to one hour at one or both ends of the daily spread;
23.6.2(b) Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.
23.6.2(c) Where an agreement is reached in accordance with 23.6.2(b), the agreement shall be recorded in the time and wages records.
23.6.3 Flexibility in relation to day work on Saturday afternoon
23.6.3(a) By agreement between an individual employee and the employer, the days on which ordinary hours are worked may include Saturday afternoon between 1.00 p.m. and 7.00 p.m. subject to the penalty 23.7.1.
23.6.3(b) Where an agreement is reached in accordance with 23.6.3(a), the agreement shall be recorded in the time and wages records.
23.6.4 Any work performed outside the spread of hours is to be paid at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours is to be regarded as part of the 38 ordinary hours of work.
23.7 Weekend penalty rates
23.7.1 Employees are entitled to a loading of time and one half for ordinary time worked between 1.00 p.m. and 7.00 p.m. Saturday.
23.7.2 Employees are entitled to a loading of double time for all time worked on Sunday.
23.8 The loadings in this clause are not payable for periods of overtime worked on public holidays.
23.9 Make up time
An employee may elect, with the consent of their 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 this award.
24. MEAL BREAKS AND REST INTERVALS
24.1 Meal breaks
24.1.1 Each employee shall be allowed not less than 30 minutes nor more than one hour for a meal, such time shall be continuous. An employee shall not be compelled to work more than five hours without a break for a meal.
24.1.2 By mutual agreement in writing between the employer and employee an employee may work up to six hours without a break for a meal.
24.1.3 To meet special cases other arrangements regarding meal times may be made by mutual agreement between the employer and the employee otherwise time worked during the usual meal break time shall be paid at time and a half, which rate shall continue until the meal break is allowed.
24.1.4 Provided that in post offices in which only one person is employed, by mutual agreement in writing between the employer and the employee the meal break may be taken on the premises.
24.2 Rest breaks
25.1 Reasonable overtime
25.1.1 Subject to 25.1.2 an employer may require an employee to work reasonable overtime at overtime rates.
25.1.2 An employee may refuse to work overtime in circumstances where the working of overtime would result in the employee working hours which are unreasonable having regard to:
25.1.2(a) any risk to employee health and safety;
25.2 Payment for working overtime
25.2.1 Monday to Friday
25.2.2 Saturday
25.2.3 Except as provided in 25.7, computing overtime each day's work shall stand alone.
25.2.4 Provided that employees who are late starting or are absent for part of their ordinary hours on unpaid leave shall complete their ordinary hours for that day prior to the entitlement to overtime.
25.3 Minimum payment for overtime
An employee required to work overtime on a Saturday, Sunday, rostered day off or public holiday shall be paid a minimum number of three hours at the appropriate rate.
25.4 Time off in lieu of payment for overtime
25.4.1 Time off in lieu of payment for overtime may be provided if an employee so elects and it is agreed by the employer.
25.4.2 Such time off in lieu must be taken at a mutually convenient time and within four weeks of the overtime being worked or, where agreed between the employee and the employer, may be accumulated and taken as part of annual leave.
25.4.3 Time off in lieu must equate to the overtime rate i.e. if the employee works one hour overtime and elects to take time off would equal one and a half hours or, where the rate of pay for overtime is double time, two hours.
25.5 Rest break during overtime
An employee working overtime shall be allowed a rest break of twenty minutes without deduction of pay after each four hours of overtime if the employee continues to work after such rest break.
25.6 Rest period after overtime
When overtime is necessary, it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between work of successive days. If, on the insistence of the employer an employee resumes or continues work without having had ten consecutive hours off duty, an employee shall be paid at double time rates until they are released from duty for such period and shall then be entitled to be absent from duty for such period until they have had ten consecutive hours off duty without loss of pay for ordinary time occurring during such absence.
25.7 Call back
25.7.1 An employee recalled to work overtime after leaving work shall be paid a minimum of three hours at the appropriate overtime rate for each time recalled, except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
25.7.2 Provided that, the employee shall not be required to work the full three hours if the job(s) recalled to perform is/are completed within a shorter period.
25.7.3 Notwithstanding the above, where an employee has completed the call back and left work and is recalled within the three hour minimum period for that call back, the balance of the three hours minimum period for that call back shall be cancelled and the employee shall only be paid up to the commencement of the next call back. The employee will then be entitled to be paid for a minimum of three hours for the next call back.
25.7.4 The provisions of this subclause shall not apply in circumstances where an employee provides service or support over the telephone or via remote access arrangements.
25.7.5 Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 25.6 where the time worked is less than three hours during the call back or each call back. Provided that where the total number of hours worked on more than one call back is four hours or more then the provisions of 25.6 shall apply.
25.8 Stand-by
25.8.1 An employee who is required to remain in readiness for a return to work outside their normal working hours shall be paid an allowance of 20% of the hourly rate for their classification for each hour they are required to stand-by.
25.8.2 While receiving the appropriate overtime rate, the stand-by allowance shall not be paid.
PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS
26.1 Annual leave entitlements
26.1.1 An employee is entitled to leave of absence on full pay for a period of equal to four weeks for each period of twelve months' service (less the period of leave) with the employer.
26.1.2 The pay rate for annual leave is the employee's gross weekly rate of pay (less special allowances paid for fares and travelling, disabilities and reimbursements of expenses at the time the employee takes annual leave.
26.1.3 An employee before going on leave shall be paid the amount of wages that would have been received in respect of ordinary time that would have been worked had they not been on leave during the relevant period, plus an annual leave loading of 17.5%.
26.2 Payment for annual leave
26.2.1 For the purpose of this clause, wages shall be calculated by including the following where applicable:
26.2.1(a) The gross weekly rate of pay as for the classification in which the employee was ordinarily employed immediately prior to the commencement of leave or the termination of employment, as the case may be.
26.2.1(b) Any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work.
26.3 Annual leave loading
26.3.1 During a period of annual leave an employee shall receive a loading calculated on the wages the employee would have received in respect of the ordinary time the employee would have worked prior to the commencement of leave or the termination of employment.
26.3.2 The loading shall be 17.5% of the wages as prescribed in 26.1.3.
26.3.3 The loading prescribed above shall also apply to proportionate leave on lawful termination but shall not apply where an employee is dismissed by the employer for reasons of malingering, inefficiency or neglect of duty.
26.4 No payment in lieu
No payment shall be made by an employer or accepted by an employee in lieu of the annual leave entitlement provided for in lieu of the annual leave entitlement in 26.1, 26.2 and 26.3 except as provided for in 26.9.
26.5 Calculation of service with the employer for annual leave
26.5.1 Service before the date of this award shall be taken into consideration for the purpose of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or payment in lieu thereof has been allowed.
26.5.2 The period of annual leave to be allowed under this clause shall be calculated to the nearest day, any broken part of a day in the result not exceeding half a day to be disregarded.
26.5.3 Where the employer is a successor, assignee or transmittee of a business, if an employee was in the employment of the employer's predecessor at the time when they became such successor or assignee or transmittee, service with the employer's predecessor shall be deemed to be service of the employer.
26.6 Public holidays falling in a period of annual leave
If a public holiday falls within an employee's annual leave as prescribed in clause 30 - Public holidays, and is observed on a day which would have been an ordinary working day, then extra time equivalent to the public holiday is added to the employee's annual leave.
26.7 Time of taking annual leave
26.7.1 An employee will be allowed to take annual leave in whole or in part, at a time convenient to the employee, consistent with the operational requirements of the employer.
26.7.2 An employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them.
26.7.3 Where agreement cannot be reached pursuant to 26.7.1 and 26.7.2, the employer shall advise the employee of the date and amount of annual leave to be taken by giving the employee not less than four weeks notice of such requirement.
26.7.4 The annual leave entitlement in 26.1 only shall be taken within twelve months of becoming due. This period may be extended by agreement between the employer and employee.
23.4.2 by fixing one day a week on which employees work a lesser number of hours; or
23.4.3 by fixing one or more days on which all employees will be off during a particular work cycle; or
23.4.4 by rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.
23.6.1(b) Saturday 8.00 a.m. to 1.00 p.m.
23.6.1(c) Except that on a day nominated by the employer between Monday to Friday inclusive, the ordinary hours may be worked between 6.00 a.m. and 9.00 p.m. Where there is a change to the nominated day under this provision the employer shall give fourteen days notice to all employees of that change.
23.6.2(a)(ii) A roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed twelve months.
During any work period of at least three hours, an employee will be given a rest break of at least five minutes for a rest break at a mutually convenient time for the employer and employee.
25.1.2(b) the employee's personal circumstances including any family responsibilities;
25.1.2(c) the needs of the workplace or enterprise;
25.1.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
25.1.2(e) any other relevant matter.
Except as provided in 12.3, for all work done in excess ordinary hours Monday to Friday, the rates of pay shall be time and a half for the first three hours and double time thereafter until the completion of overtime work.
For all work done in excess of ordinary hours on a Saturday, the rates of pay shall be time and a half for the first three hours and double time thereafter until the completion of overtime work.
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