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 21 – 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) weeks 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 Work A. Overtime pay is to be paid at the rate of one and one- half (1½) times the basic hourly straight-time rate.
B. Overtime shall be paid to employees for work performed only after eight (8) hours on duty in any one (1) service day or forty (40) hours in any one (1) service week. Nothing in this Section shall be construed by the parties or any reviewing authority to deny the payment of overtime to employees for time worked outside of their regularly scheduled work week at the request of the Employer.
C. Penalty overtime pay is to be paid at the rate of two
– HOURS OF WORK & SCHEDULING 15.01 The normal hours of work for an employee are not a guarantee of work per day or per week, or a guarantee of days of work per week. The normal hours of work shall be seven and one-half (7½) hours per day, and seventy-five (75) hours in any bi-weekly period.
15.02 The normal daily shift shall consist of seven and one-half (7½) consecutive hours, exclusive of a one-half (½) hour unpaid meal period. Employees shall be entitled to a fifteen (15) minute paid break during each half of the normal daily shift, at a time designated by the Employer.
15.03 Employees required for reporting purposes shall remain at work for a period of up to fifteen (15) minutes which shall be unpaid. Should the reporting time extend beyond fifteen (15) minutes however, the entire period shall be considered overtime for the purposes of payment.
15.04 Requests for change in posted work schedules must be submitted in writing and co-signed by the employee willing to exchange days off or shifts and are subject to the discretion of the Administrator or her designate. In any event, it is understood that such a change initiated by the employee and approved by the Employer shall not result in overtime compensation or payment or any other claims on the Employer by any employee under the terms of this Agreement.
15.05 Where there is a change to Daylight Savings from Standard Time or vice-versa, an employee who is scheduled and works a full shift shall be paid for a seven and one-half (7½) hour shift rather than the actual hours worked.
15.06 In the event that a meal period is interrupted requiring an employee to attend to a work related problem, then the balance of the unused meal period will be taken within two (2) hours of the interruption. If the employee is unable to reschedule such time, she shall be paid time and one-half (1½) her regular straight time hourly rate for all time worked in excess of her normal daily hours, in accordance with Article 16.01.
HOURS OF WORK AND OVERTIME 16.1 It is agreed that individual schedules may be assigned to meet Employer operational and service requirements which can include regular varied schedules as may be necessary on an individual or departmental basis.
16.2 Employees may be granted flex time at the discretion of the Department Head; provided, however, that in no case may an employee's flexible hours or work interfere with departmental schedules and operation needs.
16.3 Time and one-half the employee's regular straight-time hourly rate shall be paid for all hours worked over 40 hours in any one work week. Employees shall not be required to take time off to compensate for overtime hours worked in the same week for the purpose of avoiding overtime payment.
16.4 Paid holidays, paid annual leave, paid funeral leave, paid jury duty and required court attendance shall not be considered as time worked for purposes of overtime computation.
16.5 Employees called in to work after having completed their normal work day shall be paid no less than a minimum of two hours at straight time or time and one-half their regular straight-time hourly rate, whichever is greater.
16.6 Overtime shall be distributed fairly by the Department Head among the employees in the job classifications within each department in which the overtime occurs.
16.7 Employees will be allowed a 15-minute rest period approximately halfway between the start of their workday and their lunch period. Employees will be allowed an additional rest period of 15 minutes approximately halfway between the lunch period and the end of their workday. Breaks will be scheduled at the discretion of the department head so as not to disrupt office functions.
16.8 Regular full-time and regular part-time employees in the classification and department in which temporaries, co-ops, seasonals and interns are employed shall be given first preference for available overtime work assignments, provided such regular employees have the ability to perform the work without delaying completion of the overtime assignment.
16.9 Employees required to be on standby will be paid one
(1) hour of pay at their current rate of pay for each day they are assigned to be on-call. The stipend for one (1) hour's pay is for serving on-call, not for performance of work.
Work Year The full-time work year for all employees employed in EA and ECE job classes shall be a minimum of 194 work days to correspond with the school year calendar.
