Common use of Hours of Work and Free Time of Employees Clause in Contracts

Hours of Work and Free Time of Employees. (i) The ordinary hours of work for Day Workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am. (ii) The ordinary hours of work for Shift Workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle. (a) The hours of work prescribed in subclauses (i) and (ii) of this clause shall, where possible, be arranged in such a manner that in each roster cycle of twenty eight calendar days each employee shall not work their ordinary hours of work on more than nineteen days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours of work do not exceed an average of thirty eight hours per week. (b) Notwithstanding the provision of paragraph (a) of this subclause, employees may, with the agreement of the employer, work shifts of less than eight hours over twenty days in each cycle of twenty eight days. (iv) (a) Each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than ten hours break between each rostered shift, unless agreed otherwise between an employee and local nursing management. An employee shall not work more than seven consecutive shifts unless the employee so requests and local nursing management agrees but in no case shall an employee be permitted to work more than ten consecutive shifts. In any fortnightly pay period an employee shall not be rostered for more than three quick shifts, ie. an evening shift followed by a morning shift, unless agreed otherwise between an employee and local nursing management.

Hours of Work and Free Time of Employees. (i) ‌ 6.1 The ordinary hours of work for Day Workersday workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am. (ii) 6.2 The ordinary hours of work for Shift Workersshift workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle. (a) The hours of work prescribed in subclauses (i) 6.1 and (ii) 6.2 of this clause shall, where possible, be arranged in such a manner manner, that in each roster cycle of twenty eight 28 calendar days each employee shall not work their ordinary hours of or work on more than nineteen days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours of work do not exceed an average of thirty eight hours per week. (b) Notwithstanding the provision of paragraph (a) of this subclause, employees may, with the agreement of the employer, employer work shifts of less than eight 8 hours each over twenty 20 days in each cycle of twenty eight 28 days. (ivc) Provided that on the occasion of an employee's written request, and with the consent of the employer, a 9.5 day fortnight may be worked instead of the 19-day month or (ad) Each the 38 hours per week, may be arranged in order that an employee shall not be required to work his/her ordinary hours in more than five days in one week or 10 days in one fortnight. 6.4 Except where authorised by subclause 6.18 of this clause, each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than ten 8 hours break between each rostered shift, unless agreed otherwise between ; provided that an employee shall not work more than 7 consecutive shifts unless the employee so requests and local nursing managementthe Director of Nursing agrees. An employee shall not work more than seven two (2) quick shifts in any period of 7 days. A quick shift is an evening shift which is followed by a morning shift. 6.5 The employer is to decide when employees take their additional days off duty prescribed by subclause 6.3 of this clause (as a consequence of the implementation of the 38 hour week). Where necessary the employer must consult with the affected employees to ascertain the employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable additional days off duty shall be consecutive shifts unless with the rostered days off duty prescribed in subclause 6.14 of this clause. 6.6 Once set, the additional days off may not be changed except in accordance with the provisions of Clause 9, Rosters. 6.7 Where the employer’s decision (in accordance with subclause 6.5 of this clause) is that an employee’s additional days off be accumulated, no more than 6 days may be accumulated in any one year of employment. By mutual agreement this may be extended to no more than 12 days at any one time. Where the employee so requests wants to accumulate more than 6 accumulated additional days off the Employee must apply and local nursing management agrees but the Employer will not unreasonably decline the request. Such accumulated additional days off may be taken in conjunction with the Employee’s annual leave, or as otherwise agreed. 6.8 Except for breaks for meals the hours of duty each day shall be continuous. Provided, that in the case of permanent part-time employees, an employer will consult with employees and if requested by the employee, any nominated representative which may be a union representative, an exemption from this provision, and from subclause 6.4 of this clause with regard to the span of hours only, to enable an additional break of no case more than 4 hours. In any event, the span of hours shall an not exceed 12 hours. (a) Each employee shall be permitted allowed a break of not less than thirty minutes and not more than sixty minutes for each meal occurring on duty. (b) Where practicable, employees shall not be required to work more than 5 hours without a meal break. Provided that where practicable an employee engaged to work for 5 hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer. The term “where practicable” encompasses regard being paid to the service requirements of the employer. 6.10 Two separate ten-minute intervals (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 8 or 10 hours as the case may be. Subject to agreement between the employer and the employee, such intervals may alternatively be taken as one twenty-minute interval, or by one 10-minute interval with the employee allowed to proceed off duty 10 minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time. (a) Subclauses 6.9 and 6.10 of this clause shall not apply to an employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed two intervals of twenty minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such. (b) Where an employee is required to change into a uniform or a specified type of garment at the employer’s premises they shall be allowed ten consecutive shifts. In any fortnightly pay period minutes for such a purpose and such time shall be counted as working time and paid as such. (a) Except as provided for in paragraph (b) an employee shall not be rostered employed on night duty for more a longer period than three quick shifts8 consecutive weeks. After having served a period of night duty an employee shall not be required to serve a further period on night duty until they have been off night duty for a period equivalent to the previous period on night duty. (b) The provisions of paragraph (a) shall not apply to an Assistant Director of Nursing, iea Nursing Unit Manager or a general nurse in charge, as the case may be, who is employed permanently in charge at night nor to an employee who requests to be employed on night duty and the Director of Nursing consents. 6.13 An employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the twenty hours immediately preceding the commencement of the changed day. (a) Each employee shall be free from duty for not less than two full days in each week or four full days in each fortnight or eight full days in each twenty-eight (28) day cycle and no duties shall be performed by the employee on any of such free days except for overtime. Where practicable, days off shall be consecutive and shall not be preceded by an evening shift followed by or a morning shiftnight shift unless an additional eight hours are granted as sleeping time. An evening shift shall be one which commences at or after 1.00 pm and before 4.00 pm. (b) An employee, unless agreed otherwise between at her or his request, may be given free from duty time in one or more periods but no period shall be less than one full day. (c) For the purpose of this subclause "full day" means from midnight to midnight or midday to midday. (a) Employees may be required to remain on call. Any such time on call shall not be counted as time worked (except insofar as an employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 12, Special Allowances, of this Agreement: Provided, however, no employee shall be required to remain on call whilst on leave or on the day before entering upon leave. (b) No employee shall be required to remain on call whilst on a rostered day off nor on completion of the shift on the day preceding a rostered day off. This provision shall not apply where in special circumstances it is necessary for an employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services. 6.16 The employer shall not alter the period over which the ordinary hours of work of employees are balanced except upon giving one month's notice of their intention to do so to affected employees and local if requested by the employee, any nominated representative which may be a union representative. 6.17 The provisions of paragraphs (a) and (b) of subclause 6.12 and of subclause 6.13 and of paragraph (a) of subclause 6.14 of this clause, shall not apply if the employee is required to perform duty to enable the nursing managementservice of the employer to be carried on or where another employee is absent from duty on account of illness or in an emergency. 6.18 The following criteria shall apply to the introduction of 12 hour shifts: (a) 12 hour shifts will only be introduced in units where there has been full consultation with the staff affected and a majority of the staff affected agree to the introduction of the proposed 12 hour shift system; (b) any employee who does not wish to work under the 12 hour shift system may work a mutually agreed alternative shift system in the unit affected or may transfer to another mutually agreed position within the facility with no loss of classification and contracted hours; (c) the span of hours must not exceed 12.5 hours; (d) there must be a maximum of three consecutive night shifts which include one or more 12 hour shifts; (e) there must be a minimum break of 11.5 hours rostered between each 12 hour shift; (f) employees must be allowed either two 30 minutes or one 60 minutes meal break. In addition to the meal breaks employees must be allowed either two 10 minute or one 20 minute paid tea break; (g) the employer must notify the employees, and if requested by the employee any nominated employee representative ,which may be a union representative ,of the implementation of the 12 hour shifts at least one month prior to commencing the new arrangements. The details of that notification must indicate the number of staff involved, the section of the hospital involved and the Agreement provisions which need to be overridden. (h) there must be an evaluation process at the completion of the first 12 months, or sooner if the employer and affected employees agree. The evaluation process must involve representatives of employees and the employer. Aspects which are to be considered in the evaluation process are to include occupational health and safety data, sick leave patterns and the frequency of overtime. (i) the employees and if requested by the employee any nominated employee representative which may be a union representative are to be notified of the outcome of the evaluation process; (j) nothing contained in this subclause shall prevent an individual employee and their employer reaching mutual agreement to that individual working 12 hour shifts.

Hours of Work and Free Time of Employees. (i) 23.1 The ordinary hours of work for Day Workersday workers, exclusive of meal times, shall be 152 hours per 28 twenty eight (28) calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am. (ii) 23.2 The ordinary hours of work for Shift Workersshift workers, exclusive of meal times, shall not exceed an average of 38 thirty eight (38) hours per week in each roster cycle. (a) The hours of work prescribed in subclauses (i) 23.1 and (ii) 23.2 of this clause shall, where possible, be arranged in such a manner to provide for an accrued day off (ADO) system of work so that in each roster cycle of twenty eight (28) calendar days each employee shall not work their ordinary hours of or work on more than nineteen (19) days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours The ADO system of work do will not exceed an average of thirty eight hours per weekapply to students in block. (b) Notwithstanding the provision of paragraph (a) of this subclause22.3(a), employees may, with the agreement of the employer, employer work shifts of less than eight (8) hours each over twenty (20) days in each cycle of twenty eight (28) days. Provided that on the occasion of an employee's written request, and with the consent of the employer, an ADO system of work may be implemented to provide for a nine and a half (9.5) day fortnight to be worked instead of the nineteen (19) day month. (iv) (a) Each 23.4 Except where authorised by subclause 23.19 of this clause, each shift shall consist of no more than 10 ten (10) hours on a day shift or 11 hours on a night shift with not less than ten nine (9) hours break between each rostered shift, unless agreed otherwise between ; provided that an employee shall not work more than seven (7) consecutive shifts unless the employee so requests and local nursing managementthe Director of Nursing agrees. An employee shall not work more than two (2) quick shifts in any period of seven consecutive shifts unless the employee so requests and local nursing management agrees but in no case shall (7) days. A quick shift is an employee be permitted to work more than ten consecutive shifts. In any fortnightly pay period an employee shall not be rostered for more than three quick shifts, ie. an evening afternoon shift which is followed by a morning shift. 23.5 The employer is to decide when employees take their ADO’s prescribed by subclause 23.3 of this clause. Where necessary the employer must consult with the affected employees to ascertain the employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable, unless agreed otherwise between XXX’s shall be consecutive with the rostered days off duty prescribed in subclause 23.13 of this clause. 23.6 Once set, the ADOs may not be changed except in accordance with the provisions of Clause 25, Rosters. 23.7 Where the employer’s decision (in accordance with subclause 23.5 of this clause) is that an employee’s ADOs be accumulated, no more than six (6) ADOs may be accumulated in any one year of employment. If an employee accumulates more than six (6) ADOs, any additional ADOs accumulated will be paid to the employee at the ordinary rate. By mutual agreement this may be extended to no more than twelve (12) days at any one time. An employee may elect to have their accumulated ADOs paid to the employee at ordinary rates at any time with the approval of the Employer. 23.8 Except for breaks for meals the hours of duty each day shall be continuous. (a) Each employee shall be allowed a break of not less than thirty (30) minutes and local not more than sixty (60) minutes for each meal occurring on duty. (b) Where practicable, employees shall not be required to work more than five (5) hours without a meal break. Provided that where practicable an employee engaged to work for five (5) hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer. The term ‘where practicable' encompasses regard being paid to the service requirements of the employer. 23.10 Two separate ten (10) minute intervals (in addition to meal breaks) shall be allowed for each employee on duty during each ordinary shift of eight (8) or ten (10) hours as the case may be. Subject to agreement between the employer and the employee, such intervals may alternatively be taken as one twenty (20) minute interval, or by one ten (10) minute interval with the employee allowed to proceed off duty ten (10) minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time. In all other instances breaks are to be taken during a shift at a time agreed between the employer and employee. (a) Subclauses 23.9 and 23.10 of this clause shall not apply to an employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed two (2) intervals of twenty (20) minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such. (b) Where an employee is required to change into a uniform or a specified type of garment at the employer's premises they shall be allowed ten (10) minutes for such a purpose and such time shall be counted as working time and paid for as such. 23.12 An employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the twenty (20) hours immediately preceding the commencement of the changed day. (a) Each employee shall be free from duty for not less than two (2) full days in each week or four (4) full days in each fortnight or eight (8) full days in each twenty-eight (28) day cycle and no duties shall be performed by the employee on any of such free days except for overtime. Where practicable, days off shall be consecutive and shall not be preceded by an evening shift or a night shift unless an additional eight (8) hours are granted as sleeping time. An afternoon shift shall be one which commences at or after 1.00 pm and before 4.00 pm. (b) An employee, at her or his request, may be given free from duty time in one or more periods but no period shall be less than one full day. (c) For the purpose of this subclause "full day" means from midnight to midnight or midday to midday. (a) Employees may be required to remain on call. Any such time on call shall not be counted as time worked (except insofar as an employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 15, Special Allowances, of this Agreement. However, no employee shall be required to remain on call whilst on leave or on the day before entering upon leave. (b) No employee shall be required to remain on call whilst on a rostered day off nor on completion of the shift on the day preceding a rostered day off. This provision shall not apply where in special circumstances it is necessary for an employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services. 23.15 All rostered time off duty occupied by a trainee enrolled nurse in attendance at lectures and demonstrations given in the course of instruction in the theory and practice of nursing managementor during the time necessarily occupied in attending at and sitting for prescribed examinations shall be deemed to be time worked. 23.16 An employer shall not alter the period over which the ordinary hours of work of employees are balanced except upon giving one month's notice of their intention to do so to affected employees and if requested by the employee to the Association. 23.17 The provisions of subclause 23.12 and of paragraph (a) of subclause 23.13, shall not apply if the employee is required to perform duty to enable the nursing service of the employer to be carried on or where another employee is absent from duty on account of illness or in an emergency. 23.18 The following criteria shall apply to the introduction of twelve (12) hour shifts: (a) Twelve (12) hour shifts will only be introduced in units where there has been full consultation with the staff affected and a majority of the staff affected agree to the introduction of the proposed twelve (12) hour shift system; (b) any employee who does not wish to work under the twelve (12) hour shift system may work a mutually agreed alternative shift system in the unit affected or may transfer to another mutually agreed position within the facility with no loss of classification and contracted hours; (c) the span of hours must not exceed twelve and a half (12.5) hours; (d) there must be a maximum of three (3) consecutive night shifts which include one or more twelve (12) hour shifts; (e) there must be a minimum break of eleven and a half (11.5) hours rostered between each twelve (12) hour shift; (f) employees must be allowed either two thirty (30) minutes or one sixty (60) minutes meal break. In addition to the meal breaks employees must be allowed either two ten (10) minute or one twenty (20) minute paid tea break. Breaks are to be taken during a shift at a time agreed between the employer and employee; (g) the employer must notify the employees and if requested by the employee any nominated branch representatives of the Association of the implementation of the twelve (12) hour shifts at least one month prior to commencing the new arrangements. The details of that notification must indicate the number of staff involved, the section of the hospital involved and the Agreement provisions which need to be overridden; (h) the employees and if requested by the employee any nominated branch representative of the Association are to be notified of the outcome of the evaluation process; (i) nothing contained in this subclause shall prevent an individual employee and their employer reaching mutual agreement to that individual working (twelve) 12 hour shifts;

Hours of Work and Free Time of Employees. (i) 6.1. The ordinary hours of work for Day Workersday workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am. (ii) 6.2. The ordinary hours of work for Shift Workersshift workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle. (a) The the hours of work prescribed in subclauses (i) 6.1 and (ii) 6.2 of this clause Clause shall, where possible, be arranged in such a manner manner, that in each roster cycle of twenty eight 28 calendar days each employee Employee shall not work their ordinary hours of or work on more than nineteen days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours of work do not exceed an average of thirty eight hours per week. (b) Notwithstanding notwithstanding the provision of paragraph (a) of this subclause, employees Employees may, with the agreement of the employer, Employer work shifts of less than eight 8 hours each over twenty 20 days in each cycle of twenty eight 28 days. (ivc) provided that on the occasion of an Employee’s written request, and with the consent of the Employer, a 9.5 day fortnight may be worked instead of the 19 day month or (d) the 38 hours per week may be arranged in order that an Employee shall not be required to work his/her ordinary hours in more than five days in one week or 10 days in one fortnight. (a) Each Except where authorised by subclause 6.18 of this Clause, each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than ten 8 hours break between each rostered shift, unless agreed otherwise provided that effective eight weeks from the date on which the Agreement is approved by the Fair Work Commission, the minimum break between an employee each shift (except where authorised by subclause 6.18 of this Clause) shall be 10 hours which may be reduced to no less than eight hours by mutual agreement between the Employer and local nursing management. Employee. (b) An employee Employee shall not work more than seven 7 consecutive shifts unless the employee Employee so requests and local nursing management agrees but in no case the Employer agrees. (c) An Employee shall an employee be permitted to not work more than ten consecutive shiftstwo (2) quick shifts in any period of 7 days. In any fortnightly pay period an employee shall not be rostered for more than three A quick shifts, ie. shift is an evening shift which is followed by a morning shift. 6.5. The Employer is to decide when Employees take their additional days off duty prescribed by subclause 6.3 of this Clause (as a consequence of the implementation of the 38 hour week). Where necessary the Employer must consult with the affected Employees to ascertain the Employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable additional days off duty shall be consecutive with the rostered days off duty prescribed in subclause 6.14 of this Clause. 6.6. Once set, the additional days off may not be changed except in accordance with the provisions of Clause 8, Rosters. 6.7. Where the Employer’s decision (in accordance with subclause 6.5 of this Clause) is that an Employee’s additional days off be accumulated, no more than 6 days may be accumulated in any one year of employment. Such accumulated additional days off may be taken in conjunction with the Employee’s annual leave, an Annual Close Down (in accordance with subclause 21.13) or at another agreed time. In circumstances where the Employee wants to accumulate more than 6 accumulated additional days off, the Employee must apply and the Employer will not unreasonably decline the request. Such application and approval will be in writing. On termination of employment, an Employee will be paid for any accumulated additional days off at his or her ordinary pay. 6.8. Except for breaks for meals the hours of duty each day shall be continuous. (a) Each Employee shall be allowed an unpaid break of not less than thirty minutes and not more than sixty minutes for each meal occurring on duty. (b) Where practicable, Employees shall not be required to work more than 5 hours without a meal break. Provided that where practicable an Employee engaged to work for 5 hours or less in any one shift may, by agreement with the Employer, elect not to take a meal break as otherwise provided for by this subclause without penalty to the Employer. The term ‘where practicable' encompasses regard being paid to such issues as WHS and the service requirements of the Employer. (c) All efforts shall be made to ensure Employees are provided a meal break in accordance with clause 6.9(a) and (b) above. In the event an Employee is not relieved of their responsibility in order to take a meal break, the relevant authorised Manager will be notified, and in the circumstances that appropriate arrangements cannot be made to relieve the Employee, the relevant authorised Manager shall approve the Employee to work through their meal break. When a Manager therefore directs an Employee in this situation to work through their meal break, the meal break only will be paid at overtime rates. (d) The parties acknowledge the importance of an Employee taking their meal break and therefore, when an Employee is directed by the Employer to take the meal break, they must take the meal break which will be unpaid (unless stated otherwise elsewhere in the Agreement). 6.10. An Employee is entitled to take one 10 minute paid tea break in each four hours worked at a time to be agreed between the Employee and Employer, provided that two separate ten-minute intervals (in addition to meal breaks) shall be allowed to each Employee on duty during each ordinary shift of 8 or more hours as the case may be. Subject to agreement between the Employer and the Employee, such intervals may alternatively be taken as one twenty-minute interval, or by one 10-minute interval with the Employee allowed to proceed off duty 10 minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time. (a) subclauses 6.9 and 6.10 of this Clause shall not apply to an Employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed two intervals of twenty minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such. (b) where an Employee is required to change into a uniform or a specified type of garment at the Employer’s premises they shall be allowed ten minutes for such a purpose and such time shall be counted as working time and paid as such. (a) except as provided for in paragraph (b) an Employee shall not be employed on night duty for a longer period than 8 consecutive weeks. After having served a period of night duty an Employee shall not be required to serve a further period on night duty until they have been off night duty for a period equivalent to the previous period on night duty. (b) the provisions of paragraph (a) shall not apply to an Assistant Director of Nursing, a Nursing Unit Manager or a general nurse in charge, as the case may be, who is employed permanently in charge at night nor to an Employee who requests to be employed on night duty and the Employer consents. 6.13. An Employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the twenty hours immediately preceding the commencement of the changed day. (a) each Employee shall be free from duty for not less than two full days in each week or four full days in each fortnight or eight full days in each twenty-eight (28) day cycle and no duties shall be performed by the Employee on any of such free days except for overtime. Where practicable, days off shall be consecutive and shall not be preceded by an evening shift or a night shift unless an additional eight hours are granted as sleeping time. An evening shift shall be one which commences at or after 1.00 pm and before 4.00 pm. (b) an Employee, at her or his request, may be given free from duty time in one or more periods but no period shall be less than one full day. (c) for the purpose of this subclause "full day" means from midnight to midnight or midday to midday. (a) Employees may be required to remain on call. Any such time on call shall not be counted as time worked (except insofar as an Employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 11, Special Allowances, of this Agreement: Provided, however, no Employee shall be required to remain on call whilst on leave or on the day before entering upon leave. (b) no Employee shall be required to remain on call whilst on a rostered day off nor on completion of the shift on the day preceding a rostered day off. This provision shall not apply where in special circumstances it is necessary for an Employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services. 6.16. An Employer shall not alter the period over which the ordinary hours of work of Employees are balanced except upon giving one month's notice of their intention to do so to affected Employees and if requested by the Employee any nominated representative which may be a Union representative. 6.17. The provisions of paragraphs (a) and (b) of subclause 6.12 and of subclause 6.13 and of paragraph (a) of subclause 6.14 of this Clause, shall not apply if the Employee is required to perform duty to enable the nursing service of the Employer to be carried on or where another Employee is absent from duty on account of illness or in an emergency. 6.18. In the circumstances of 12 hour shifts the following shall apply: (a) 12 hour ordinary shifts will be rostered by mutual agreement between the Employer and Employee. (b) any Employee who does not wish to work under the 12 hour shift system may work a mutually agreed alternative shift system in the unit affected or may transfer to another mutually agreed position within the facility with no loss of classification and contracted hours. (c) the span of hours must not exceed 12.5 hours. (d) there must be a minimum break of 11.5 hours rostered between each 12 hour shift (or an as otherwise agreed break between an employee the Employer and local nursing managementEmployee) noting that there may also be mixed shifts by agreement rostered between each 12 hour shift. (e) The ordinary hours for 12 hour shifts for full time staff will be balanced over a four week period. (f) Employees must be allowed either two 30 minute meal breaks (one of which will be paid at the ordinary pay plus any applicable shift or weekend penalty rates) or one 60 minute meal break (30 minutes of which will be paid at the ordinary pay plus any applicable shift or weekend penalty rates). In addition to the meal breaks Employees must be allowed either two 10 minute or one 20 minute paid tea break.

Hours of Work and Free Time of Employees. (i) 6.1 The ordinary hours of work for Day Workersday workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am. (ii) 6.2 The ordinary hours of work for Shift Workersshift workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle. (a) The hours of work prescribed in subclauses (i) 6.1 and (ii) 6.2 of this clause shall, where possible, be arranged in such a manner manner, that in each roster cycle of twenty eight 28 calendar days each employee shall not work their ordinary hours of or work on more than nineteen days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours of work do not exceed an average of thirty eight hours per week. (b) Notwithstanding the provision of paragraph (a) of this subclause, employees may, with the agreement of the employer, ; work shifts of less than eight 8 hours each over twenty 20 days in each cycle of twenty eight 28 days. (ivc) Provided that on the occasion of an employee's written request, and with the consent of the employer, a 9.5 day fortnight may be worked instead of the 19-day month or (ad) Each the 38 hours per week, may be arranged in order that an employee shall not be required to work his/her ordinary hours in more than five days in one week or 10 days in one fortnight. 6.4 Except where authorised by subclause 6.18 of this clause, each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than ten 8 hours break between each rostered shift, unless agreed otherwise between ; provided that an employee shall not work more than 7 consecutive shifts unless the employee so requests and local nursing managementthe Director of Nursing agrees. An employee shall not work more than seven two (2) quick shifts in any period of 7 days. A quick shift is an evening shift which is followed by a morning shift. 6.5 The employer is to decide when employees take their additional days off duty prescribed by subclause 6.3 of this clause (as a consequence of the implementation of the 38 hour week). Where necessary the employer must consult with the affected employees to ascertain the employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable, additional days off duty shall be consecutive shifts unless with the rostered days off duty prescribed in subclause 6.14 of this clause. 6.6 Once set, the additional days off may not be changed except in accordance with the provisions of Clause 9 Rosters. 6.7 Where the employer’s decision (in accordance with subclause 6.5 of this clause) is that an employee’s additional days off be accumulated, no more than 6 days may be accumulated in any one year of employment. By mutual agreement this may be extended to no more than 12 days at any one time. Where the employee so requests wants to accumulate more than 6 accumulated additional days off the employee must apply and local nursing management agrees but the employer will not unreasonably decline the request. Such accumulated additional days off may be taken in conjunction with the employee’s annual leave, or as otherwise agreed. 6.8 Except for breaks for meals the hours of duty each day shall be continuous. Provided, that in the case of permanent part-time employees, an employer will consult with employees and if requested by the employee any nominated representative which may be a union representative an exemption from this provision, and from subclause 6.4 of this clause with regard to the span of hours only, to enable an additional break of no case more than 4 hours. In any event, the span of hours shall an not exceed 12 hours. (a) Each employee shall be permitted allowed a break of not less than thirty minutes and not more than sixty minutes for each meal occurring on duty. (b) Where practicable, employees shall not be required to work more than 5 hours without a meal break. Provided that where practicable an employee engaged to work for 5 hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer. The term “where practicable” encompasses regard being paid to the service requirements of the employer. 6.10 Two separate ten-minute intervals (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 8 or 10 hours as the case may be. Subject to agreement between the employer and the employee, such intervals may alternatively be taken as one twenty-minute interval, or by one 10-minute interval with the employee allowed to proceed off duty 10 minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time. (a) Subclauses 6.9 and 6.10 of this clause shall not apply to an employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed two intervals of twenty minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such. (b) Where an employee is required to change into a uniform or a specified type of garment at the employer’s premises they shall be allowed ten consecutive shifts. In any fortnightly pay period minutes for such a purpose and such time shall be counted as working time and paid as such. (a) Except as provided for in paragraph (b) an employee shall not be rostered employed on night duty for more a longer period than three quick shifts8 consecutive weeks. After having served a period of night duty an employee shall not be required to serve a further period on night duty until they have been off night duty for a period equivalent to the previous period on night duty. (b) The provisions of paragraph (a) shall not apply to an Assistant Director of Nursing, iea Nursing Unit Manager or a general nurse in charge, as the case may be, who is employed permanently in charge at night or to an employee who requests to be employed on night duty and the Director of Nursing consents. 6.13 An employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the twenty hours immediately preceding the commencement of the changed day. (a) Each employee shall be free from duty for not less than two full days in each week or four full days in each fortnight or eight full days in each twenty-eight (28) day cycle and no duties shall be performed by the employee on any of such free days except for overtime. Where practicable, days off shall be consecutive and shall not be preceded by an evening shift followed by or a morning shiftnight shift unless an additional eight hours are granted as sleeping time. An evening shift shall be one which commences at or after 1.00 pm and before 4.00 pm. (b) An employee, unless agreed otherwise between at her or his request, may be given free from duty time in one or more periods but no period shall be less than one full day. (c) For the purpose of this subclause "full day" means from midnight to midnight or midday to midday. (a) Employees may be required to remain on call. Any such time on call shall not be counted as time worked (except insofar as an employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 12 Special Allowances: provided, however, no employee shall be required to remain on call whilst on leave or on the day before entering upon leave. (b) No employee shall be required to remain on call whilst on a rostered day off or on completion of the shift on the day preceding a rostered day off. This provision shall not apply where in special circumstances it is necessary for an employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services. 6.16 The employer shall not alter the period over which the ordinary hours of work of employees are balanced except upon giving one month's notice of their intention to do so to affected employees and local if requested by the employee, any nominated representative which may be a union representative. 6.17 The provisions of paragraphs (a) and (b) of subclause 6.12 and of subclause 6.13 and of paragraph (a) of subclause 6.14 of this clause, shall not apply if the employee is required to perform duty to enable the nursing managementservice of the employer to be carried on or where another employee is absent from duty on account of illness or in an emergency. 6.18 The following criteria shall apply to the introduction of 12 hour shifts: (a) 12 hour shifts will only be introduced in units where there has been full consultation with the staff affected and a majority of the staff affected agree to the introduction of the proposed 12 hour shift system; (b) any employee who does not wish to work under the 12 hour shift system may work a mutually agreed alternative shift system in the unit affected or may transfer to another mutually agreed position within the facility with no loss of classification and contracted hours; (c) the span of hours must not exceed 12.5 hours; (d) there must be a maximum of three consecutive night shifts which include one or more 12 hour shifts; (e) there must be a minimum break of 11.5 hours rostered between each 12 hour shift; (f) employees must be allowed either two 30 minutes or one 60 minutes meal break. In addition to the meal breaks employees must be allowed either two 10 minute or one 20 minute paid tea break; (g) the employer must notify the employees, and if requested by the employee any nominated employee representative ,which may be a union representative ,of the implementation of the 12 hour shifts at least one month prior to commencing the new arrangements. The details of that notification must indicate the number of staff involved, the section of the hospital involved and the Agreement provisions which need to be overridden. (h) there must be an evaluation process at the completion of the first 12 months, or sooner if the employer and affected employees agree. The evaluation process must involve representatives of employees and the employer. Aspects which are to be considered in the evaluation process are to include occupational health and safety data, sick leave patterns and the frequency of overtime. (i) the employees and if requested by the employee any nominated employee representative which may be a union representative are to be notified of the outcome of the evaluation process; (j) nothing contained in this subclause shall prevent an individual employee and their employer reaching mutual agreement to that individual working 12 hour shifts.

Hours of Work and Free Time of Employees. (i) 4.1 The ordinary hours of work for Day Workersday workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am12 pm. (ii) 4.2 The ordinary hours of work for Shift Workersshift workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle. (a) The hours of work prescribed in subclauses (i) clauses 4.1 and (ii) 4.2 of this clause shall, where possible, be arranged in such a manner manner, that in each roster cycle of twenty eight 28 calendar days each employee shall not work their ordinary hours of or work on more than nineteen 19 days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours of work do not exceed an average of thirty eight hours per week. (b) Notwithstanding the provision of paragraph (a) of this subclause, employees may, with the agreement of the employer, employer work shifts of less than eight 8 hours each over twenty 20 days in each cycle of twenty eight 28 days. (ivc) (a) Each Provided that on the occasion of an employee's written request, and with the consent of the employer, a 9.5 day fortnight may be worked instead of the 19-day month. 4.4 Except where authorised by clause 4.18 of this clause, each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than ten 8 hours break between each rostered shift, unless agreed otherwise between an employee and local nursing management. An employee shall not work more than seven 7 consecutive shifts unless the employee so requests and local nursing management agrees but the Director of Nursing agrees. An employee shall not work more than 2 quick shifts in any period of 7 days. A quick shift is an evening shift which is followed by a morning shift. 4.5 The employer is to decide when employees take their additional days off duty prescribed by clause 4.3 of this clause (as a consequence of the implementation of the 38 hour week). Where necessary the employer must consult with the affected employees to ascertain the employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable additional days off duty shall be consecutive with the rostered days off duty prescribed in clause 4.14 of this clause. 4.6 Once set, the additional days off may not be changed except in accordance with the provisions of Clause 7, Rosters. 4.7 Where the employer’s decision (in accordance with clause 4.5 of this clause) is that an employee’s additional days off be accumulated, no case more than 6 days may be accumulated in any single year of employment. By mutual agreement this may be extended to no more than 12 days at any single time. 4.8 Except for breaks for meals the hours of duty each day shall an be continuous. (a) Each employee shall be permitted allowed a break of not less than 30 minutes and not more than 60 minutes for each meal occurring on duty. (b) Where practicable, employees shall not be required to work more than 5 hours without a meal break. Provided that where practicable an employee engaged to work for 5 hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer. The term ‘where practicable’ encompasses regard being paid to the service requirements of the employer. 4.10 Two separate 10 minute intervals (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 8 or 10 hours as the case may be. Subject to agreement between the employer and the employee, such intervals may alternatively be taken as one twenty minute interval, or by one ten consecutive shiftsminute interval with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time. In any fortnightly pay Such interval(s) shall count as working time. (a) Clauses 4.9 and 4.10 shall not apply to an employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed 2 intervals of 20 minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such. (b) Where an employee is required to change into a uniform or a specified type of garment at the employer's premises they shall be allowed 10 minutes for such a purpose and such time shall be counted as working time and paid for as such. (a) Except as provided for in paragraph (b) an employee shall not be rostered employed on night duty for more a longer period than three quick shifts8 consecutive weeks. After having served a period of night duty an employee shall not be required to serve a further period on night duty until they have been off night duty for a period equivalent to the previous period on night duty. (b) The provisions of paragraph (a) shall not apply to a Nursing Unit Manager or a general nurse in charge, ieas the case may be, who is employed permanently in charge at night nor to an employee who requests to be employed on night duty and the Director of Nursing consents. 4.13 An employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the 20 hours immediately preceding the commencement of the changed day. (a) Each employee shall be free from duty for not less than 2 full days in each week or 4 full days in each fortnight or 8 full days in each 28 day cycle and no duties shall be performed by the employee on any of such free days except for overtime. Where practicable, days off shall be consecutive and shall not be preceded by an evening shift followed by or a morning shiftnight shift unless an additional 8 hours are granted as sleeping time. An evening shift shall be one which commences at or after 1.00 pm and before 4.00 pm. (b) An employee, unless agreed otherwise between at their request, may be given free from duty time in one or more periods but no period shall be less than one full day. (c) For the purpose of this subclause "full day" means from midnight to midnight or midday to midday. (a) Employees may be required to remain on call. Any such time on call shall not be counted as time worked (except insofar as an employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 10 Special Allowances, of this Agreement: Provided, however, no employee shall be required to remain on call whilst on leave or on the day before entering upon leave. (b) No employee shall be required to remain on call whilst on a rostered day off nor on completion of the shift on the day preceding a rostered day off. This provision shall not apply where in special circumstances it is necessary for an employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services. 4.16 An employer shall not alter the period over which the ordinary hours of work of employees are balanced except upon giving one month's notice of their intention to do so to the Association. 4.17 The provisions of paragraphs (a) and local (b) of clause 4.12 and 4.13 of paragraph (a) of clause 4.14, shall not apply if the employee is required to perform duty to enable the nursing managementservice of the employer to be carried on or where another employee is absent from duty on account of illness or in an emergency.

Hours of Work and Free Time of Employees. (i) The ordinary hours of work for Day Workersday workers, exclusive of meal times, shall be 152 hours per 28 calendar days to be worked Monday to Friday inclusive and to commence on such days at or after 6.00 am and before 10.00 am. (ii) The ordinary hours of work for Shift Workersshift workers, exclusive of meal times, shall not exceed an average of 38 hours per week in each roster cycle. (a) The hours of work prescribed in subclauses (i) and (ii) of this clause shall, where possible, be arranged in such a manner manner, that in each roster cycle of twenty eight 28 calendar days each employee shall not work their ordinary hours of or work on more than nineteen 19 days in the cycle. Provided that employees who work 8 hour shifts are entitled to twelve additional days off per annum. Employees working ten hour shifts are entitled to one additional day off duty each five weeks; and employees working other combinations of shifts are entitled to such number of additional days off duty per annum as will ensure that their ordinary hours of work do not exceed an average of thirty eight hours per week. (b) Notwithstanding the provision of paragraph (a) of this subclause, employees may, with the agreement of the employer, employer work shifts of less than eight 8 hours each over twenty 20 days in each cycle of twenty eight 28 days. (c) Provided that on the occasion of an employee's written request, and with the consent of the employer, a 9.5 day fortnight may be worked instead of the 19-day month. (iv) Except where authorised by subclause (axviii) Each of this clause, each shift shall consist of no more than 10 hours on a day shift or 11 hours on a night shift with not less than ten 9 hours break between each rostered shift, unless agreed otherwise provided that on call theatre staff shall be entitled to a 10 hour break between an employee and local nursing managementshifts. An employee shall not work more than seven 7 consecutive shifts unless the employee so requests and local nursing management agrees but in no case the Director of Nursing agrees. An employee shall an employee be permitted to not work more than ten consecutive shifts2 quick shifts in any period of 7 days. In any fortnightly pay period A quick shift is an employee shall not be rostered for more than three quick shifts, ie. an evening afternoon shift which is followed by a morning shift. (v) The employer is to decide when employees take their additional days off duty prescribed by subclause (iii) of this clause. Where necessary the employer must consult with the affected employees to ascertain the employees’ preferences and must take any such preferences into account when arriving at a decision. Where practicable additional days off duty shall be consecutive with the rostered days off duty prescribed in subclause (xiv) of this clause. (vi) Once set, unless agreed otherwise between the additional days off may not be changed except in accordance with the provisions of Clause 27, Rosters. (vii) Where the employer’s decision (in accordance with subclause (v) of this clause) is that an employee’s additional days off be accumulated, no more than 6 days may be accumulated in any single year of employment. If an employee accumulates more than six (6) days, any additional days off accumulated will be paid to the employee at the ordinary rate. By mutual agreement this may be extended to no more than 12 days at any single time. An employee may elect to have their accumulated ADOs paid to the employee at ordinary rates at any time with the approval of the Employer. (viii) Except for breaks for meals the hours of duty each day shall be continuous. (a) Each employee shall be allowed a break of not less than 30 minutes and local not more than 60 minutes for each meal occurring on duty. (b) Where practicable, employees shall not be required to work more than 5 hours without a meal break. Provided that where practicable an employee engaged to work for 5 hours or less in any one shift may elect not to take a meal break as otherwise provided for by this subclause without penalty to the employer. The term where practicable' encompasses regard being paid to the service requirements of the employer. (x) Two separate 10 minute intervals (in addition to meal breaks) shall be allowed each employee on duty during each ordinary shift of 8 or 10 hours as the case may be. Subject to agreement between the employer and the employee, such intervals may alternatively be taken as one twenty minute interval, or by one ten minute interval with the employee allowed to proceed off duty ten minutes before the completion of the normal shift finishing time. Such interval(s) shall count as working time. (a) Subclauses (ix) and (x) of this clause shall not apply to an employee who, before going on night duty, is provided with a meal between 9.00 pm and 11.00 pm and who is allowed 2 intervals of 20 minutes each during the period of night duty but such intervals shall count as working time and shall be paid for as such. (b) Where an employee is required to change into a uniform or a specified type of garment at the employer's premises they shall be allowed 10 minutes for such a purpose and such time shall be counted as working time and paid for as such. An employee changing from night duty to day duty or from day duty to night duty shall be free from duty during the 20 hours immediately preceding the commencement of the changed day. (a) Each employee shall be free from duty for not less than 2 full days in each week or 4 full days in each fortnight or 8 full days in each 28 day cycle and no duties shall be performed by the employee on any of such free days except for overtime. Where practicable, days off shall be consecutive and shall not be preceded by an evening shift or a night shift unless an additional 8 hours are granted as sleeping time. An afternoon shift shall be one which commences at or after 1.00 pm and before 4.00 pm. (b) An employee, at her or his request, may be given free from duty time in one or more periods but no period shall be less than one full day. (c) For the purpose of this subclause "full day" means from midnight to midnight or midday to midday. (xiii) On call (a) Employees may be required to remain on call. Any such time on call shall not be counted as time worked (except insofar as an employee may take up actual duty in response to a call), but shall be paid for in accordance with Clause 17(ii)(b), Special Allowances, of this Agreement. However, no employee shall be required to remain on call whilst on leave or on the day before entering upon leave. (b) No employee shall be required to remain on call whilst on a rostered day off nor on completion of the shift on the day preceding a rostered day off. This provision shall not apply where in special circumstances it is necessary for an employer to place staff on call on rostered days off or on completion of the shift on the day preceding a rostered day off in order to ensure the provision of services. (xiv) An employer shall not alter the period over which the ordinary hours of work of employees are balanced except upon giving one month's notice of their intention to do so to the Association. (xv) The provisions of paragraphs (a) and (b) of subclause (xii) and of subclause (xiii) and of paragraph (a) of subclause (xiv) of this clause, shall not apply if the employee is required to perform duty to enable the nursing managementservice of the employer to be carried on or where another employee is absent from duty on account of illness or in an emergency. (xvi) The following criteria shall apply to the introduction of 12 hour shifts: (a) 12 hour shifts will only be introduced in units where there has been full consultation with the staff affected and a majority of the staff affected agree to the introduction of the proposed 12 hour shift system; (b) any employee who does not wish to work under the 12 hour shift system may work a mutually agreed alternative shift system in the unit affected or may transfer to another mutually agreed position within the facility with no loss of classification and contracted hours; (c) the span of hours must not exceed 12.5 hours; (d) there must be a maximum of 3 consecutive night shifts which include one or more 12 hour shifts; (e) there must be a minimum break of 11.5 hours rostered between each 12 hour shift; (f) employees must be allowed either two 30 minutes or one 60 minutes meal break. In addition to the meal breaks employees must be allowed either two 10 minute or one 20 minute paid tea break; (g) the employer must notify the Association of the implementation of the 12 hour shifts at least one month prior to commencing the new arrangements. The details of that notification must indicate the number of staff involved and the section of the hospital. (h) nothing contained in this subclause shall prevent an individual employee and their employer reaching mutual agreement to that individual working 12 hour shifts.