Common use of Leisure Time Protected Clause in Contracts

Leisure Time Protected. (a) It is the intention of the Employer and Employees that excessive overtime will not be worked. (b) To this end the general standard of weekly hours will usually not be more than 56 per week (Monday to Saturday) for an individual Employee, provided that the aforesaid ‘usual weekly hours’ may by agreement be exceeded from time to time to meet the needs of the project, or a specific task on a project. (c) Reflecting this intention, it is recognized that: (i) The employer is not restricted as to the setting of daily hours within the 56 hour standard; (ii) It is acknowledged that additional hours are necessary for particular personnel (e.g. [without limiting the foregoing] peggies; first aiders; hoist drivers; concrete finishers; site security personnel), and such situations are not affected or restricted by this provision, as they are agreed to be a normal necessity of the industry; (iii) If time is lost on a project due to any reason including (without limiting the foregoing) Inclement Weather, then such time may be made up by the scheduling of additional overtime provided that the total hours do not exceed 56 hours for the week for the individual Employee; (d) Nothing in this clause shall be read as to imply that payment as for 56 hours is guaranteed, and nothing in this clause shall diminish the right of the employer to schedule a lesser weekly program of hours. (e) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: (i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an employee’s ability to work safely and/or create a danger to Employees; (ii) the Employee’s personal circumstances including any family responsibilities; (iii) the needs of the workplace or enterprise; (iv) the notice (if any) given by the employer of the overtime and by the Employee of his or her intention to refuse it; and (v) any other relevant matter.

Appears in 69 contracts

Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement

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Leisure Time Protected. (a) It is the intention of the Employer and Employees parties that excessive overtime will not be worked. (b) . To this end the general standard of Company will endeavor to schedule work such that weekly hours will usually not be more than 56 per week (Monday to Saturday) for an individual Employee), provided that the aforesaid ‘usual weekly hours’ may may, by agreement between Hansen Yuncken and their employees (such agreement to not be unreasonably withheld), be exceeded from time to time to meet the needs of the project, or a specific task on a project. (c) Reflecting . The intention of the parties in this intention, it is recognized that: (i) matter are: ▪ The employer is not restricted as to the setting of daily hours within the 56 hour standard; (ii) hours; ▪ It is acknowledged that additional hours are necessary for particular personnel (e.g. eg [without limiting the foregoing] crane crews; peggies; first aiders; hoist drivers; concrete finishers; site security personnel), ) and such situations are not affected or restricted by this provision, as they are agreed to be a normal necessity of the industry; (iii) ; ▪ If time is lost on a project due to any reason including (without limiting the foregoing) Inclement Weather, then such time may be made up by the scheduling of additional overtime provided that up to the total hours do not exceed 56 hours; ▪ If 56 hours for is intended to be exceeded, the week for matter is to be subject to agreement between the individual Employee; (d) Company and the employee(s). . Nothing in this clause shall be read as to imply that payment as for 56 hours is guaranteed, and nothing in this clause shall diminish the right of the employer to schedule a lesser weekly program of hours. (e) . An Employee employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee employee working hours which are unreasonable having regard to matters including: (i) any to: ▪ Any risk to Employee employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an safety; ▪ The employee’s ability to work safely and/or create a danger to Employees; (ii) the Employee’s personal circumstances including any family responsibilities; (iii) the ; ▪ The needs of the workplace or enterprise; (iv) the ; ▪ The notice (if any) given by the employer of the overtime and by the Employee employee of his or her intention to refuse it; and (v) any and ▪ Any other relevant matter.

Appears in 2 contracts

Samples: Enterprise Agreement, Enterprise Agreement

Leisure Time Protected. (a) It is the intention of the Employer and Employees that excessive overtime will not be worked. (b) To this end the general standard of weekly hours will usually not be more than 56 per week (Monday to Saturday) for an individual Employee, provided that the aforesaid ‘usual weekly hours’ may by agreement be exceeded from time to time to meet the needs of the project, or a specific task on a project. (c) Reflecting this intention, it is recognized that: (i) The employer is not restricted as to the setting of daily hours within the 56 hour standard; (ii) It is acknowledged that additional hours are necessary for particular personnel (e.g. [without limiting the foregoing] peggies; first aiders; hoist drivers; concrete finishers; site security personnel), and such situations are not affected or restricted by this provision, as they are agreed to be a normal necessity of the industry; (iii) If time is lost on a project due to any reason including (without limiting the foregoing) Inclement Weather, then such time may be made up by the scheduling of additional overtime provided that the total hours do not exceed 56 hours for the week for the individual Employee; (d) Nothing in this clause shall be read as to imply that payment as for 56 hours is guaranteed, and nothing in this clause shall diminish the right of the employer to schedule a lesser weekly program of hours. (e) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: (i) any risk to Employee health and safety including the risk of fatigue i.e. fatigue i. e. excessive hours, exposure to noise, fumes, or any matter that can impair an employee’s ability to work safely and/or create a danger to Employees; (ii) the Employee’s personal circumstances including any family responsibilities; (iii) the needs of the workplace or enterprise; (iv) the notice (if any) given by the employer of the overtime and by the Employee of his or her intention to refuse it; and (v) any other relevant matter.

Appears in 1 contract

Samples: Subcontractors Demolition Enterprise Agreement

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Leisure Time Protected. (a) It is the intention of the Employer and Employees that excessive overtime will not be worked. (b) To this end the general standard of weekly hours will usually not be more than 56 per week (Monday to Saturday) for an individual Employee, provided that the aforesaid ‘usual weekly hours’ may by agreement be xx x exceeded from time to time to meet the needs of the project, or a specific task on a project. (c) Reflecting this intention, it is recognized that: (i) The employer is not restricted as to the setting of daily hours within the 56 hour standard; (ii) It is acknowledged that additional hours are necessary for particular personnel (e.g. [without limiting the foregoing] peggies; first aiders; hoist drivers; concrete finishers; site security personnel), and such situations are not affected or restricted by this provision, as they are agreed to be a normal necessity of the industry; (iii) If time is lost on a project due to any reason including (without limiting the foregoing) Inclement Weather, then such time may be made up by the scheduling of additional overtime provided that the total hours do not exceed 56 hours for the week for the individual Employee; (d) Nothing in this clause shall be read as to imply that payment as for 56 hours is guaranteed, and nothing in this clause shall diminish the right of the employer to schedule a lesser weekly program of hours. (e) An Employee may refuse to work overtime in circumstances where the working of such overtime would result in the Employee working hours which are unreasonable having regard to matters including: (i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an employee’s ability to work safely and/or create a : danger to Employees; (ii) the Employee’s personal circumstances including any family responsibilities; (iii) the needs of the workplace or enterprise; (iv) the notice (if any) given by the employer of the overtime and by the Employee of his or her intention to refuse it; and (v) any other relevant matter.

Appears in 1 contract

Samples: Onsite Shopfitters Enterprise Agreement 2020 2023

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