Reasonable Additional Hours. (a) All hours worked over an average of 38 ordinary hours per week, will be deemed to be additional hours. All hours worked by part-time employees beyond their guaranteed minimum number of hours will be treated as additional hours for the purpose of this subclause. From time to time, full time employees may be required to work a reasonable number of additional hours. Part time employees may be asked, but not required, to work a reasonable number of additional hours. All additional hours worked will be paid in accordance with this Agreement. (b) An employee may not be required to work additional hours in circumstances where the working of additional hours would result in the employee working hours which are unreasonable having regards to (refer to section 62 of the Act): (i) any risk to employee health and safety from working the additional hours; (ii) the employee's personal circumstances, including family responsibilities; (iii) the needs of the workplace or enterprise in which the employee is employed; (iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours; (v) any notice given by the employer of any request or requirement to work the additional hours; (vi) any notice given by the employee of his or her intention to refuse to work the additional hours; (vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works; (viii) the nature of the employee's role, and the employee's level of responsibility; (ix) whether the additional hours are in accordance with averaging terms included under section 63 in a modern award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 64; and, (x) any other relevant matter.
Appears in 6 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Reasonable Additional Hours. (a) All hours worked over an average of 38 ordinary hours per week, will be deemed to be additional hours. All hours worked by part-time employees beyond their guaranteed minimum number of hours will be treated as additional hours for the purpose of this subclause. From time to time, full time employees may be required to work a reasonable number amount of additional hours. Part time employees may be asked, but not required, to work a reasonable number of additional hours. All additional hours worked will be paid in accordance with this Agreement.
(b) An employee may not be required to work additional hours in circumstances where the working of additional hours would result in the employee working hours which are unreasonable having regards to (refer to section 62 of the Act):
(i) any risk to employee health and safety from working the additional hours;
(ii) the employee's personal circumstances, including family responsibilities;
(iii) the needs of the workplace or enterprise in which the employee is employed;
(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(v) any notice given by the employer of any request or requirement to work the additional hours;
(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(viii) the nature of the employee's role, and the employee's level of responsibility;
(ix) whether the additional hours are in accordance with averaging terms included under section 63 in a modern award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under section 64; and,section64;
(x) any other relevant matter.
Appears in 5 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement