Shift Work
(1) Except as varied by this Clause, all other aspects of Section 4 of the Agreement shall apply to the working of shift work.
(2) The Company has the right to direct Employees to work shift work as required and the Employees shall work the shift work as directed. Shift work will be worked and paid for in accordance with this subclause.
(3) Shift work is deemed to be any arrangement of Project Working Hours where the majority of the Ordinary Hours are worked outside of the spread of Ordinary Hours defined at clause 16 - Hours of Work of this Agreement and when Employees are working as such.
(4) Ordinary Hours for shift Employees will comprise thirty-six (36) hours per week averaged over a defined work cycle and will not commence before 5.00pm on Sunday night. Such Ordinary Hours are the specified hours under each shift Employee's terms of employment by reference to which annual leave and personal/carer's leave accrue.
(5) Prior to the commencement of shift work, the Company shall seek the agreement of the Employees involved. Failing agreement, the Company will provide to the Employees concerned one (1) week's notice of the commencement of shift work and the starting and finishing times of Ordinary Hours of the shifts.
(6) Where less than five (5) consecutive shifts are worked then Employees shall be paid at overtime rates in lieu of the shift loading prescribed at subclause (7) of this clause. The consecutive nature of shifts will not be deemed to be broken if work is not carried out on a Saturday, Sunday, RDO or on any public holiday.
(7) A shift Employee shall receive a flat loading of twenty-five (25) percent of their Ordinary Hourly Rate for each hour worked.
(8) Employees working night shift shall be entitled to stop work for a half-hour without deduction of pay for the purpose of taking a meal break.
(9) The Company may stagger the times for Employees to take meal breaks to meet operational requirements.
(10) The Company shall structure the Project Working Hours for Employees working night shift to include one (1) half-hour rest break to be taken without deduction of pay by Employees working the Project Working Hours on any night shift.
Overtime Meals When employees are required to work more than two (2) hours beyond their regular work days, the Employer will provide hot meals at no cost to the employees, up to a maximum of sixteen dollars ($16.00) (receipts to be submitted) plus paid meal periods of one-half (1/2) hour at the prevailing rate and thereafter at four (4) hour intervals. Any early morning start before regular starting time is entitled to a paid meal. The breakfast limit is thirteen dollars ($13.00) (receipts to be submitted). Employees called out on overtime shall be paid for meals as above, after four (4) hours work.
Overtime Overtime will begin to accrue after sixty (60) hours in a two (2) week period averaged over the scheduling period determined by the local parties. Overtime will apply if the employee works in excess of the normal daily hours. Payment for overtime is as in Article 16.01.
Overtime Scheduling Provisions of this language is supplemented by the National Agreement as long as the National Agreement is in effect. See Exhibit, 1.H.3 “Mandatory Overtime Documents.” 907 Scheduled overtime shall be offered by classification seniority within the licensed pharmacy. Unscheduled overtime shall be offered by classification seniority to those employees present when the need for overtime arises. Unclaimed overtime whether scheduled or unscheduled, before being assigned to the least senior employee(s) within a classification who shall be required to work the overtime, will first be offered by bargaining unit seniority to any member of the bargaining unit within the licensed pharmacy who can perform the work. 908 Job Posting 909 Notices of all job openings within the bargaining unit shall be posted by the Employer by the usual and customary job posting process. The job posting notice may include special qualifications for the classification, and will be posted concurrently internally and externally for a minimum of seven (7) calendar days with the exact beginning and ending posting date. 910 Bidding on Posted Openings 911 After completion of an initial probationary period of at least ninety (90) calendar days in a position, employees shall be allowed to electronically submit a request through the Employer’s usual and customary job bidding process for posted jobs for posted jobs in higher-rated or lateral classifications available within their Area Pharmacy Operation. Where two (2) or more employees have submitted requests for the same job, seniority, as defined in Paragraphs 902 and 912, shall prevail where qualifications to perform the work of the new job are relatively equal. Where the seniority of two (2) or more employees bidding for the job opening is the same, the date of the individual employee’s original employment application shall be used to determine the senior employee. If an issue of seniority remains, representatives of the parties will meet to resolve the matter. An employee may be denied an opening regardless of seniority, if said employee has a current Final Warning in file. 912 Seniority for bidding on any posted opening within the bargaining unit shall prevail first by classification seniority within the Area Pharmacy Operation where openings exist, then to employees by bargaining unit seniority within the Area Pharmacy Operations. Thereafter, employees by classification seniority at any licensed pharmacy within the Southern California Region and finally employees by bargaining unit seniority at any licensed pharmacy within the Southern California Region will be considered for any posted opening provided a request form is on file with the Area Personnel Office prior to the end of the posting period. Employees who successfully bid on a posted position shall not be unreasonably delayed in assuming the new position. 913 Employees who move to a posted opening shall have a trial period of not less than ninety (90) calendar days. During such ninety (90) day trial period, the employee shall be given thorough instruction and proper orientation in the new work and shall be given an evaluation by the Employer between the fortieth (40th) and fiftieth (50th) day from the date in the new position. After such trial period, if the employee is unable to perform the duties of the new position satisfactorily said employee will be restored to the position immediately held prior to the new position without discrimination. During the trial period, an employee may be restored to their former position where it is determined that clear and present danger exists by allowing said employee to remain in the new position. An employee who is voluntarily reassigned pursuant to Article IX shall have seven (7) calendar days to change their mind and upon written request, shall be returned to their former position. This right shall be available only once during the term of the agreement. If additional circumstances occur, the Union and the Company will meet and confer. 914 For bidding and reduction in force purposes only, the Antelope Valley pharmacy locations will be considered as an Area Pharmacy Operation. 915 Temporary Position 916 If a position opens on a temporary basis, it will be treated as any job opening for bidding purposes. When a temporary position ceases to exist, the employee holding the position will return to his or her former job and employees displaced as a consequence can similarly return to their former position. If a temporary position becomes permanent, it must be posted as a permanent job. Employees awarded a temporary position will not accumulate classification seniority and will not have area seniority while assigned to said position, but will retain and continue to accumulate classification seniority and will maintain area seniority on his or her permanent position. 917 Reduction in Force 918 Where inconsistent this language is supplemented by the National Employment Income Security Agreement as long as the National Agreement is in effect. 919 Reduction in force will be accomplished by classification and status within each licensed pharmacy.
Shiftwork (A) Where the Employee would have received shift loadings had the Employee not been on leave during the relevant period and such loadings would have entitled the Employee to a greater amount than a loading of 17.5% of the payment under clause 23.1(c), then the shift loadings must be added to the payment under clause 23.1(c)(i) instead of the 17.5% loading.
(B) Provided further that if the shift allowance would have entitled the Employee to a lesser amount than the loading of 17.5% then such loading of 17.5% shall be used for the purpose of calculating annual leave loading in lieu of the shift allowance.