Part B – Working arrangements
- The Archives recognises the need to balance the requirements of work with the personal commitments of its employees. Managers will accommodate those commitments wherever possible through the provision of flexible working arrangements and will consult with the employee if there is a need to work beyond the employee's ordinary hours of work. Employees will consider reasonable requests to work additional hours. Managers have a responsibility to minimise the extent to which employees are required to work additional hours. Employees have a responsibility to work additional hours only where there is additional work available. To assist in negotiating additional hours the following should be considered:
- employee health and safety;
- the employee's personal circumstances, including family responsibilities;
- any notice given by the employer of any request or requirement for additional hours;
- any notice given by the employee of their intention to refuse to work the additional hours;
- the needs of the workplace in which the employee is employed;
- whether the employee is entitled to receive overtime payment or other compensation (e.g. flex or TOIL), or a level of remuneration (or classification) that reflects an expectation of working additional hours;
- the employee's usual patterns of work;
- the nature of the employee’s role and the employee’s level of responsibility;
- whether the employee will be able to utilise any flex or TOIL credits in the future at an agreed time;
- any additional hours the employee has already worked; or
- any other relevant matter.
- Additional hours will be recognised according to the terms of this Agreement.
Hours of work
- The ordinary hours of work for full-time employees are 147 hours over a four-week settlement period, with a standard week being 36 hours and 45 minutes (Monday to Friday).
- The standard working day is 7 hours and 21 minutes (8.30 am to 12.30pm and 1.30pm - 4:51pm).
- In recognition of the improvements in this Agreement employees will work an additional four minutes per day in addition to the standard working day of 7 hours and 21 minutes.
- Leave accruals and deductions; deductions for unauthorised absences; deductions for participation in industrial action in accordance with the Fair Work Act 2009 and calculations relating to overtime, part-time hours and casuals will all be based on the standard working day.
- Part-time employees are engaged for ordinary hours of work which are less than the ordinary hours of work for a full-time employee. For part-time employees, the ordinary hours of work are those agreed between the Director-General (delegate) and the employee in accordance with clause 73.
- The pattern by which employees will work the standard hours of duty specified in clauses 24, 25 and 28 is a matter for agreement between the Director and the employee. However, an employee:
- will not work more than five consecutive hours without a meal break of at least 30 minutes;
- may work up to 10 hours ordinary duty on any one day; and
- to assist service delivery and work planning and unless otherwise agreed, the pattern over which standard hours will be performed include core hours of 10am to 12noon, and 2pm to 4pm.
- Where no agreement is reached under clause 29, employees will work between 8.00 am and 5.00 pm with flex time (refer clauses 41 - 45) except employees recruited to perform identified duties under clause 40 will work the hours specified in the statement of duties that has been assigned to them.
Transition to 7:25 standard working day effective 1 July 2012
- Under this Agreement effective from the 1 July 2012 the standard working day is 7 hours and 25 minutes (8.30 am to 12.30pm and 1.30pm – 4:55pm). Ordinary hours of work for a 4 week settlement period will be 148 hours and 20 minutes with a standard week being 37 hours and 05 minutes (Monday to Friday).
- Leave accruals and deductions; deductions for unauthorised absences; deductions for participation in industrial action in accordance with the Fair Work Act 2009 and calculations relating to overtime, part-time hours and casuals will all be based on the standard day of 7 hours and 25 minutes.
- Clauses 28 – 30 continue to apply to this Agreement after transition to the standard working day of 7 hours and 25 minutes.
- To recognise the transition to a longer standard working day, Annual, Personal/Carer’s and Long Service Leave accrued up to and including 30 June 2012 will be translated in Aurion on a day for day basis. This translation will ensure employee' leave balances in days accrued up to and including 30 June 2012, in transition to the new standard working day from 1 July 2012, occurs without loss to employees. For example, 5 days leave currently equals 36 hours and 45 minutes and is translated to 37 hours and 05 minutes. Leave taken up to, and including, 30 June 2012, will be deducted at the daily accrual rate of 7 hours and 21 minutes. Leave taken from 1 July 2012 will be deducted at the daily rate of 7 hours and 25 minutes.
Recording attendance hours
- Managers and employees should discuss the pattern of hours they will work and agree to any flexible working arrangement, in accordance with the Archives’ Flexible Work Options Policy.
- Where employees are entitled to flex time under clause 41-45 they must record their actual hours of attendance on the Archives’ approved electronic attendance record. For Executive Level (EL) employees the supervisor will have a general appreciation of the workload performed by the employee.
Span of hours
- The span of hours in which employees may work ordinary hours is 7.00 am to 7.00 pm Monday to Friday subject to agreement being reached under clause 29.
- Where an employee requests to work outside the span of hours specified in clause 37 or, for employees performing identified duties under clause 40, the span of hours specified in clause 39, he or she may do so with the agreement of the Director. Any hours worked on this basis will be considered to be ‘regular hours’ and will not attract overtime rates.
- For an employee recruited to perform identified duties, the span of hours will be 7.00 am to 10.00 pm Monday to Saturday subject to agreement being reached under clause 29.
- For the purposes of clause 39, identified duties are those duties required to be performed where insufficient employees are available to carry out these duties on regular overtime.
- Flex time is a system of flexible working hours which enables full-time and part-time employees below the Executive classifications (and their equivalent) and supervisors to vary working hours, patterns and arrangements to provide maximum organisational flexibility with benefit to clients, employees and the organisation.
- Supervisors are responsible for ensuring that employees are employed productively and managing working hours so that employees are not building excessive flex credits without the opportunity to access flex leave.
- Supervisors and employees recognise and accept their mutual responsibility to integrate the management of working hours and leave planning, including flex time and flex leave, into their overall approach to work planning. Where supervisors are concerned over the number and/or length of intermittent breaks, they may request an employee to reflect this on their time sheet.
- The following flex time arrangements will apply:
- subject to the provisions in this clause, an employee may carry over a maximum flex time credit of one standard working week at the end of a settlement period.
- any credits above one standard working week maximum at the end of a settlement period must be taken before the end of the next settlement period except where the Director and the employee agree for them to be carried over further.
- subject to Director-General (delegate) approval excess credits in (ii) that are unable to be taken by the end of the next settlement period will be paid out at the normal rate.
- an employee may carry over a maximum of 15 hours flex debit accumulated in any one settlement period into the next settlement period:
- if the maximum debit is exceeded at the end of a settlement period, the employee will endeavour to reduce the debit to the maximum allowable (or lower) over the next settlement period; and
- should this not occur, the amount by which the maximum debit is exceeded will be treated as Other Leave (without pay) and an appropriate deduction will be made from the employee’s pay, the employee will be advised of the amount prior to the deduction being made. Where the employee can demonstrate hardship, the Director-General (delegate) will consider repayment by instalment.
- an employee may take up to five days flex leave, which can be consecutive, in one settlement period subject to operational requirements.
- Prior to cessation of employment, supervisors and employees should ensure that flex debits or credits are balanced. Any outstanding credits on cessation will be paid out at the normal rate. Any outstanding debits on cessation will be recovered from salary and the employee will be advised of the amount prior to the deduction being made.
Executive Level Employees Time Off in Lieu (TOIL)
- Executive Level employees have access to variable working arrangements. The Archives does not support Executive Level employees working excessive hours. However, Executive Level employees and the Archives recognise that Executive Level employees are required to focus on the achievement of organisational outcomes which may require the need to work over and above ordinary working hours and that their remuneration recognises the additional responsibilities which may be placed upon them.
- Time off in lieu will accrue after an Executive Level employee has worked more than the ordinary hours of work per fortnight (full-time equivalent). While TOIL may not be one for one it should provide Executive Level employees with a fair and reasonable match between the additional hours worked and time off. Where TOIL arrangements are consistently accessed by an Executive Level employee, the Manager and employee may agree to an arrangement where the employee records their attendance.
- Where Executive Level employees have been required by their Manager to work additional hours, the Manager and employee will agree a period of time off in lieu that may be either a part or whole day(s) without the need for formal leave arrangements. TOIL should be taken as soon as practical after the additional hours worked, usually within 3 months, as agreed between the Manager and Executive Level employee.
Reversion to standard hours
- Access to flexible working or EL TOIL arrangements will not apply in circumstances where:
- the employee’s attendance is unsatisfactory; and/or
- an employee is misusing the arrangements.
- A written explanation of the reasons for requiring an employee to revert to standard hours will be provided to the employee by the Director-General (delegate).
- Where flexible working or EL TOIL arrangements no longer apply, the employee will revert to the standard working day or approved part-time hours.
- Access to flexible working arrangements or EL TOIL will be restored where the Director-General (delegate) is satisfied that an employee’s attendance is satisfactory.
- Flex time will generally be used to meet operational requirements within the span of hours specified in clause 37 or clause 39. However, it is recognised that operational requirements will on occasion require employees to work outside the span of hours specified in clauses 37 or 39 or in excess of their ordinary settlement period hours. Accordingly, employees will make themselves available for reasonable overtime.
- An employee may be directed to work reasonable overtime though regard will be had for operational and personal circumstances. An employee may refuse to work hours in excess of ordinary hours on a given day for reasons that may include, but need not be limited to, the employee’s family responsibilities or the pre-arranged personal commitments of the employee.
- Overtime is work performed by employees at the direction of management, outside the span of hours in clause 37 or clause 39, on a public holiday, or in excess of the number of hours and minutes in a standard working day and approved as overtime on any one day. For a part-time employee, overtime is work performed at the direction of management which is not continuous with, or is beyond the employee’s agreed or ordinary hours of work. The provisions of clause 38 also impact on the circumstances where overtime can be worked.
- An employee’s salary for the purpose of calculating overtime payments will include all allowances in the nature of salary. For the purposes of this clause, a part-time employee’s annual salary is the full-time equivalent salary. Prior agreement may be reached between the Director-General (delegate) and the employee for time off in lieu (TOIL), at the relevant overtime rate, to apply instead of an overtime payment.
- Where time off in lieu has been agreed and the employee has not been granted that time off within four weeks due to operational requirements, payment of the original entitlement will be made.
- Overtime worked Monday to Saturday will be paid at the rate of time-and-a-half for the first three hours each day and double time thereafter.
- Overtime worked on a Sunday will be paid at the rate of double time.
- Overtime worked on a public holiday will be paid at the rate of double time. The double time payment is additional to the single time payment already paid to the employee for that day.
- For the purposes of clause 60, a public holiday means a holiday as set out in clauses 165 - 170.
- Overtime is not available to employees classified at the Executive level, including their equivalents. TOIL provisions under clauses 46-48 are available to Executive level and equivalent employees.
Rest relief after overtime
- Where an employee has worked overtime, he or she will be entitled to an eight-hour break plus reasonable travelling time before recommencing work without incurring any loss of pay.
- Where this break is not possible due to operational requirements, employees will be paid double ordinary time rates until they have such a break.
- The provisions of clauses 63 and 64 do not apply to overtime worked in the circumstances covered by clause 195 unless the actual time worked, excluding travelling time, is at least three hours on each call.
- Subject to clauses 53 - 62 where an employee is required to perform overtime duty and such duty is not continuous with ordinary duty, the minimum payment for each separate overtime attendance will be four hours at the prescribed overtime rate.
- An employee who performs overtime while restricted under clauses 196 - 199 will be entitled to a minimum overtime payment as specified in those provisions.
- Where more than one attendance is involved, clause 66 will, subject to the prescribed minimum payment, not operate to increase an employee’s overtime remuneration beyond that to which the employee would have been entitled had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.
- For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods will be disregarded.
- Where an overtime attendance, not continuous with ordinary duty, involves duty both before and after midnight, the minimum payment provisions (clauses 66-70) will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.
- The provisions of clauses 67-70 will not apply to duty that is covered by clause 195.
Part-time work / job sharing
- The Archives is committed to providing opportunities for employees to work on a regular part-time basis. This is administered in accordance with the Archives’ Flexible Work Options Policy.
- A part-time employee is one whose regular hours of work are less than the ordinary hours of work of a full-time equivalent employee over a four-week period, i.e. less than the average of a standard working week. Ordinary hours of work for part-time employees, unless otherwise agreed between the employee and the Director-General (delegate), will be continuous and not less than three hours per day on any day worked by the employee. An unpaid meal break will not break the continuity of hours of work.
- Remuneration and other benefits for part-time employees will be calculated on a pro rata basis apart from those allowances of a reimbursement nature, where part-time employees will receive the same amount as full-time employees.
- Subject to operational requirements and personal circumstances an employee may formally request regular part-time work and will be advised by the Director-General (delegate), in writing within 21 days, whether or not the request has been agreed to and provide reasons if the request is refused.
- Access to part-time work will be given to employees returning from Maternity, Adoption, Fostering or Parental Leave for up to 2 years from the end of the applicable leave. In accordance with clause 221-223 employees returning from Maternity, Adoption, Fostering or Parental Leave may request further periods of part-time work after the initial up to 2 year period until the child reaches school age or for care for a child (under 18 years) who has a disability, the provisions in clause 75 will apply.
- Consistent with flex time arrangements, a part-time employee and his or her Director may, by agreement, vary regular hours of work. Similarly, part-time working arrangements may, for other than designated part-time jobs, be terminated by agreement.
- Overtime will be approved in accordance with clause 55. Rates of overtime for part-time employees are the same as those specified for full-time employees.
- While the Archives may propose the introduction of part-time employment, a full-time employee will not be required to convert to part-time hours without his or her agreement.
- A part-time employee working in a permanent part-time arrangement will not be required to convert to full-time hours without his or her agreement. A part-time employee not working in a management-initiated part-time job will revert to full-time work at the conclusion of his or her part-time work agreement, or beforehand as agreed between the employee and the Director-General (delegate).
- Employees who have mutually agreed to share one full-time job on a regular basis will be considered to be part-time employees. Such a mutually agreed arrangement requires Director-General (delegate) approval before it can be implemented.
Christmas shutdown period
- The Archives will close its normal operations from close of business on the last working day before Christmas, with business resuming on the first working day after New Year's Day.
- The Christmas shutdown period will include the Christmas Day, Boxing Day and New Year’s Day public holidays outlined in clause 165.
- An additional holiday will be observed on 27 December or, if that day falls on a Saturday, Sunday or public holiday, 29 December. If an employee (APS1-6) is required to work on this day they will receive an overtime payment at the rate of double time. The double time payment is additional to the single time payment already paid to the employee for that day. Executive level and equivalent employees will have access to TOIL provisions under clauses 46-48.
- Employees will be provided time off for the remaining working days between Christmas and New Year’s Day and will be paid in accordance with their ordinary hours of work. Where an employee is absent on leave, payment for the Christmas shutdown period will be paid in accordance with the entitlement for that form of leave (e.g. if on Long Service Leave half pay, payment is on half pay).
- Where APS1-6 employees are required to work on the remaining two days of Christmas shutdown, they will receive a loading of 50% TOIL, or additional payment. This loading is additional to the single time (TOIL or payment) they will receive for working these days. For Executive Level and their equivalents access to TOIL is in accordance with clauses 46-48.
- There will be no deduction from Annual, and Personal/Carer’s Leave or flex time credits for the Christmas shutdown period.