Schedule 4: Working hours and related matters for general staff

APPLICATION

1
This Schedule applies to General staff, with the exception that for staff employed at the University’s Veterinary Clinics and farms to whom the arrangements referred to in clause 336 of this Agreement apply, the arrangements referred to in that clause (as applicable) prevail to the extent of any inconsistency over this Schedule.

DAY WORK AND SHIFT WORK

2
Staff to whom this Agreement applies will be employed as either day-workers or shift-workers.
3
A day-worker (other than a student employed on a casual basis) is a staff member who works their ordinary hours within the span 7.00am to 7.00pm Monday to Friday, excluding public holidays. Students employed on a casual basis work their ordinary hours within the span 7.00am to 7.00pm, Monday to Saturday.
4
By agreement between the University and a staff member who is a day-worker (other than a student employed on a casual basis), the staff member may work within the span 7.00am to 7.00pm Monday to Saturday, excluding public holidays if they wish to do so, provided that their weekly working hours are arranged to enable them to have at least two days off within the calendar week.
5
Students employed on a casual basis may work their ordinary hours within the span 7.00am to 10.00pm, Monday to Saturday if they request to do so.
6
A shift-worker is a staff member who works according to a shift roster and whose span of hours of work a week may extend beyond 7.00am to 7.00pm Monday to Friday.

ABSENCE FROM DUTY

7
A staff member who reports for duty after their normal starting time, and/or who ceases duty before their normal finishing time, and who does not provide a satisfactory reason to the University for their absence, will lose salary equivalent to the duration of the absence(s), calculated to the nearest quarter of an hour.

MEAL BREAKS AND RELATED MATTERS

8
Staff must not be required to work more than five hours without an unpaid meal break. Meal breaks must be at least 30 minutes and no more than one hour, except with the approval of the Supervisor. If a staff member is required to work any part of their meal break, the time worked will be paid at the ordinary rate of pay.
9
A shift-worker may take a paid crib break instead of a meal break with the approval of their Supervisor.
10
Staff who are required to work overtime must take unpaid meal breaks of at least 30 minutes in accordance with clause 8 of this Schedule. Staff are entitled to a meal allowance as specified in Schedule 3 where a meal break falls due and is taken during a period of overtime.

FLEXIBLE WORKING HOURS ARRANGEMENTS

11
Arrangements under this clause provide flexibility for the University and staff in relation to working hours. Staff may work flexible hours, subject to the following:
  1. staff must be in attendance during the core hours set for their work area from time to time;
  2. with the approval of their Supervisor, staff members have flexibility in terms of their attendance outside of core hours;
  3. all hours worked and absences must be recorded formally for accrual/audit purposes;
  4. staff may work flexible hours outside their number and span of ordinary hours specified in clause 3 of this Schedule if agreed to by their Supervisor. Such hours will be paid at the staff member’s ordinary rate of pay, and no shift, weekend or public holiday loadings will be paid for time worked under such flexible working arrangements;
  5. time may be accrued only by working additional time; no time is accrued during leave or public holidays; and
  6. flexible working hours will normally be approved for day-workers only. However, flexible hours may be approved by a Supervisor for shift-workers subject to the operational needs of the work unit.
12
As far as practicable, the pattern of hours worked to accrue time and take flexible time off, will be agreed between each staff member and their Supervisor. Where agreement cannot be reached, the hours worked will be determined by the Supervisor provided that staff must be permitted to take accrued flexible hours off as a whole day.
13
Staff are entitled to work 19 days with one scheduled day off (SDO) within a four-week cycle, but may elect to take seven hours (or seven hours and 36 minutes in the case of 38-hour week staff) flexible time off within the same four-week cycle.
14
Subject to agreement between a staff member and their Supervisor, flexible time off hours and SDOs may be accumulated over a six month cycle as follows:
  1. 35 hour staff: up to 42 hours flexible time off or six SDOs; or
  2. 38 hour staff: up to 46.5 hours flexible time off or six SDOs.
15
Accrued hours or SDOs not taken within the six month accrual cycle will be forfeited except where a staff member has been unable to utilize them due to management decisions in which case they may be carried over to the next cycle.
16
A staff member who retires or resigns will be paid in lieu of up to six accumulated SDOs.
17
Alternative local arrangements that had been implemented at the workplace level to provide flexibility for the work area and staff before the commencement of this Agreement will continue unless alternative arrangements are entered into. Such arrangements will be as set out in the relevant University policy in place at the commencement of this Agreement.
18
If a Supervisor wishes to alter an approved local arrangement, the Supervisor will discuss the matter with the affected staff with a view to reaching agreement. Where agreement cannot be reached, the proposed arrangement will be referred for review under clauses 317 and 318 of this Agreement.

SHIFT LOADINGS

19
Subject to clause 20 of this Schedule, the following shift loadings are paid to shift-workers in addition to their ordinary rates of pay:
Shift Definition and conditions Loading
Early morning Starts between 4.00am and 6.00am, Monday to Friday 10%
Day shift Starts between 6.00am and 10.00am, Monday to Friday Nil
Early afternoon Starts between 10.00am and 1.00pm, Monday to Friday 10%
Afternoon Starts between 1.00pm and 4.00pm, Monday to Friday 12.5%
Night Starts between 4.00pm and 4.00am, Monday to Friday 15%
Permanent night At least 2/3 of rostered shifts in each roster period are night shifts 30%
Saturday Any shift worked on a Saturday 50%, which is substituted for and not cumulative upon any other shift loading
Sunday Any shift worked on a Sunday 75% which is substituted for and not cumulative upon any other shift loading
Public Holiday Any shift worked on a public holiday As specified in clause 128, which is substituted for and not cumulative upon any other shift loading
20
The loadings specified in clause 19 of this Schedule do not apply to students employed on a casual basis who agree to work outside the span of 7.00am to 7.00pm, Monday to Saturday. Where a student requests to work outside this span (for example, casual student shelvers in the Library), the University may agree and ordinary casual rates will be paid for work performed between the hours of 7.00pm to 10.00pm Monday to Saturday.

WORK ROSTERS FOR SHIFT-WORKERS

21
The University will post rosters showing the ordinary starting and finishing times for each roster/shift that staff are required to work.
22
Subject to clause 23 of this Schedule, at least 72 hours’ notice of shift changes and seven days’ notice of roster changes days will be provided. Consultation will normally occur at the local level in relation to proposed changes.
23
A shift or roster may be changed at any time to enable the functions of the University to continue, for example, where a shift-worker is absent because of illness or emergency.
24
If a roster is altered under clause 23 of this Schedule, and a staff member is required to work on a day which would have been their day off within the roster, the time worked by the staff member on that day will be paid at overtime rates specified in clause 31 of this Schedule.
25
If a public holiday falls on a staff member’s rostered day off, they will receive an extra day’s leave or may take a day’s pay at the ordinary rate in lieu. The leave must be taken at a time convenient to the staff member and the University.
26
Places in rosters may be interchanged by agreement between staff members and their Supervisor, provided that the University does not incur any additional shift or overtime penalties as a result of the interchange.

OVERTIME

Requirement to work overtime

27
The University may require a staff member to work reasonable overtime.
28
Overtime is work that is performed at the direction of an authorised Supervisor:
  1. outside the staff member’s ordinary span of work hours; or
  2. within that ordinary span of work hours, but outside the number of ordinary hours the staff member would work on a day (or is formally rostered to work on that day); or
  3. on a Saturday, Sunday or public holiday.
29
If possible, staff will be given at least 48 hours notice of overtime to be worked. A staff member who is not given 48 hours notice is not required to work overtime if they satisfy the University that they have a good reason for not being able to work overtime that day.

Eligibility for overtime payment

30
A staff member whose Salary does not exceed the maximum Salary for a Higher Education Officer Level 9 is entitled to overtime pay or, where a staff member chooses, time off in lieu of overtime pay. In special circumstances, the University may make overtime payments or provide time off in lieu to staff whose Salary exceeds this amount.

Overtime payments and time off in lieu of payment

31

Overtime payments and time off in lieu will be calculated as follows:

  1. Monday to Saturday: one and a half times the ordinary rate of pay (or hours worked) for the first two hours and double time thereafter;
  2. Sunday: double time; and
  3. Public Holidays: two and a half times the ordinary rate of pay (or hours worked)

Payments and time in lieu will be calculated to the nearest quarter of hour and a minimum payment of four hours (or three hours in the case of essential work on Sundays or public holidays for feeding animals, watering etc) will be made for overtime worked on a day that is not an ordinary working day for the staff member concerned.

32
Time off in lieu of payment must be taken at mutually agreed times. A staff member may accrue up to three weeks’ time in lieu within a six month period, and time not taken by the end of the six month period will be paid out at overtime rates specified in clause 31 of this Schedule.
33
A casual staff member who is required to work more than 20% of the ordinary weekly hours of an equivalent full-time staff member on any one day will receive the greater of the overtime rates specified in clause 30 of this Schedule or the casual loading specified in clause 54 of this Agreement, but not both.
34
A staff member who works overtime must have at least ten consecutive hours off between work on successive days, if reasonably practicable.
35
If a staff member works overtime and does not have ten consecutive hours off before their normal starting time on the next day, the staff member:
  1. must be released at the end of the overtime until they have had ten consecutive hours off, unless the Supervisor directs the staff member to continue working; and
  2. must be paid for the time they would have normally worked in the ten consecutive hours off work.
36
If a staff member resumes or continues work as directed by their Supervisor without having ten consecutive hours off, the staff member:
  1. must be paid at the overtime rate until they are released from work; and
  2. is entitled to be absent for ten consecutive hours without loss of pay for work occurring in that absence.
37
If a shift-worker works overtime for the purpose of changing shift rosters, or does not report for work, and a day-worker replaces them, then clauses 35 and 36 of this Schedule apply as if eight hours were substituted for ten hours.

ON CALL ARRANGEMENTS

Requirement to be on call

38
The University may roster staff to remain “on call” outside their ordinary working hours, i.e. contactable and available to return to work within a reasonable time or deal with matters by telephone or computer, whichever is required.
39
The University will provide staff with access to equipment (such as mobile phones), and reimbursement for telephone calls and travel expenses in accordance with University policy.

On call allowance

40
Staff will receive either an “on call” allowance in accordance with Schedule 3 or an agreed annual loading when they are rostered and available for on call duties.

Payment for work performed while on call

41
Where a staff member who is on call and is entitled to paid overtime is required to perform duties, overtime will be paid in accordance with the applicable overtime rate specified in clause 31 of this Schedule for the time worked, subject to the following conditions:
  1. where work is performed from home, a minimum payment of one hour’s pay will be made, provided that where a staff member is called more than once in a day in relation to a matter that they could reasonably have been expected to resolve during their first call, additional payment will be made only if the total time worked (i.e. during the first and subsequent call) exceeds one hour;
  2. where a staff member is required to return to work, they will receive a minimum payment of four hours’ pay (including travelling time) provided that where a staff member is required to return to work more than once in a day in relation to a matter that they could reasonably have been expected to resolve during their first attendance, they will receive a minimum payment of four hours’ pay irrespective of the number of call-backs, and travelling time will be paid for one return trip only; and
  3. where a staff member is required to return to work after attempting to solve a problem at home, they will receive a minimum payment of four hours’ pay for all work performed (including any time worked at home and travelling time).