Common use of Boarding Staff Clause in Contracts

Boarding Staff. (a) Subject to this clause, the ordinary hours of work for a Full-Time Boarding Staff Employee classified according to clause 12.1(g) will be 38 hours per week. (b) The ordinary hours of work for a Full-Time and Part-Time Boarding Staff Employee may be averaged across a period of up to 12 months. Unless otherwise advised in writing to the Employee, the averaging period will commence on the School Service Date and finish on the day immediately prior to the following School Service Date. In the case of: (i) a Full-Time Employee the rostered hours shall not exceed 172 hours in any period of four school term weeks; (ii) a Part-Time Employee the rostered hours will not exceed the relevant proportion of 172 hours in any period of four school term weeks (calculated based on the proportion of the full-time rate of pay the Employee receives as provided for in clause 9.4(c)). (c) Where a Boarding Staff Employee's hours of work are averaged over a period of 12 months, they will be paid the applicable annual rate in clause 13.1 (pro-rated for Part-Time Employees in accordance with clause 9.4(c)) for all weeks of the year, excluding periods of unpaid leave provided for in this Agreement or the NES and clause 22 Shift Work, clause 23 Saturday and Sunday Penalty Rates and clause 24 Overtime will not apply. (d) Where a Part-Time Employee works: (i) in the case of an Employee whose hours have been averaged pursuant to Clause 20.7(b), additional hours in excess of their rostered hours, the additional hours must be paid at casual rates; (ii) in all other cases, in excess of their ordinary hours of work, the additional hours shall be paid pursuant to Clause 9.4(f). (e) In respect of a Boarding Staff Employee whose hours are averaged pursuant to (i) where the Employee’s employment ceases in the middle of an averaging period; (ii) where the Employee’s employment commences after the start of the averaging period; or (iii) in the case of a Part-Time Employee, where the Employee’s ordinary hours have been increased or decreased during the averaging period (not including on a casual basis pursuant to clause 20.7(d)); then the Employer shall: (iv) at the cessation of employment; (v) at the next School Service Date; or (vi) when the ordinary hours of work changed; (whichever of the above situations apply) compare the total amount paid to by the Employee since the start of the averaging period (or commencement of employment whichever is later) with the amount the Employee would have earned if their hours had not been averaged in accordance with Clause 20.7(b). Where the amount paid to the Employee is the lesser amount of the two compared, the Employee shall be paid the difference between the amount paid and such higher amount. For the purposes of this comparison, the hourly rate for an Employee whose hours of work have not been averaged is calculated by dividing the applicable weekly full-time salary by 38. (f) The ordinary hours may be rostered on any day from Monday to Sunday between 6.00 am and 6.00 pm. (g) The provisions of clause 23.5 shall only apply in relation to ordinary hours worked by Boarding Staff on a Sunday, where an employee’s hours are not averaged in accordance with clause 20.7(b). (h) All Employees shall be entitled to 48 hours off duty each week or 96 hours off each fortnight, at a time mutually convenient to the Employer and the Employee. Such time off shall be consecutive, as far as practicable, unless the Employee and the Employer agree otherwise. (i) An Employee rostered on duty during meal times shall be entitled to a meal and shall be allowed sufficient time to have such meal.