Part B – Working arrangements
- The Archives is committed to providing flexible working arrangements that balance the business requirements of the Archives and the personal and family commitments of its employees.
Hours of work
- The Ordinary Hours of Work for full-time employees are 148 hours and 20 minutes over a four-week settlement period, with a Standard Working Week being 37 hours and 05 minutes (Monday to Friday).
- The Standard Working Day is 7 hours and 25 minutes per day (8.30 am to 12.30pm and 1.30pm - 4:55pm).
- 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 and the employee in accordance with clause 62 (agreed hours).
- The pattern by which employees will work the standard hours of duty specified in clauses 16, 17 and 19 is a matter for agreement between the Director and the employee (usual work pattern). 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 10:00 am to 12 noon, and 2:00 pm to 4:00 pm.
- Where no agreement is reached under clause 20, employees will work between 8.00 am and 5.00 pm with flex time, where entitled, (refer clauses 28 - 31) except employees recruited to perform identified duties under clause 26 will work the hours specified in the statement of duties that has been assigned to them.
Recording attendance hours
- Where employees are entitled to flex time under clauses 28-31 they must record their actual hours of attendance on the Archives' approved electronic attendance record.
- Further information can be found in the Archives' Flexible Work Options Policy.
- 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 20.
- Where an employee requests to work outside the span of hours specified in clause 24 or, for employees performing identified duties under clause 26, the span of hours specified in clause 26, the employee may do so with the agreement of the Director. Any hours worked on this basis will be considered to be their "usual work pattern" (or agreed hours for a part time employee) 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 20.
- For the purposes of clause 26, 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 that enables APS 1-6 level employees to vary working hours, patterns and arrangements within the span of hours, subject to operational requirements. Supervisors and employees have a mutual responsibility for ensuring that employees are employed productively. This includes managing working hours, flex time and flex leave, and so that employees are not building excessive flex credits without the opportunity to access flex leave.
- 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 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 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.
- Further information can be found in the Archives’ Flexible Work Options Policy.
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 and the employees and their managers will work together to manage workloads and working 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 is accessible after an Executive Level employee has worked more than the hours in two Standard Working Weeks (full-time equivalent). While TOIL is not one for one it should provide Executive Level employees with a fair and reasonable period of time off when considering the additional hours worked.
- 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 three months, as agreed between the Manager and Executive Level employee.
- Further information can be found in the Archives’ Flexible Work Options Policy.
Reversion to Standard Working Day
- 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 the Standard Working Day will be provided to the employee by the Director-General.
- Where flexible working or EL TOIL arrangements no longer apply, the employee will revert to the Standard Working Day or agreed part-time hours.
- Access to flexible working arrangements or EL TOIL will be restored where the Director-General is satisfied that an employee’s attendance is satisfactory.
- 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 24 or clause 26, 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 in excess of the employee’s agreed hours of work, or Ordinary Hours of Work (clause 19), or on a public holiday. The provisions of clause 25 also impact on the circumstances where overtime can be worked for any employee.
- 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 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 47, a public holiday means a holiday as set out in clauses 157 -163.
- The overtime rates for part time employees are the same as clauses 45-47 for full time employees.
- Overtime is not available to employees classified at the Executive level, including their equivalents. TOIL provisions under clauses 32-35 are available to Executive level and equivalent employees.
Rest relief after overtime
- Where an employee has worked overtime, the employee 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 at the rate of double time until they have such a break.
- The provisions of clauses 51 and 52 do not apply to overtime worked in the circumstances covered by clause 188 unless the actual time worked, excluding travelling time, is at least three hours on each call.
- Subject to clauses 40 - 50 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 189 - 192 will be entitled to a minimum overtime payment as specified in those provisions.
- Where more than one attendance is involved, clause 54 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 54-57) 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 54-58 will not apply to duty that is covered by clause 188 (Emergency Duty).
Part-time work / job sharing
- The Archives is committed to providing opportunities for employees to work on a regular part-time basis. In determining whether requests for part-time work can be approved, the Director-General will consider both the operational needs of the Archives and the personal circumstances of the employee. Further information can be found in the Archives’ Flexible Work Options Policy.
- The Director-General will advise, in writing within 21 days, whether or not the request has been agreed to and provide reasons if the request is refused.
- A part-time employee is one whose agreed 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. Agreed hours of work for part-time employees, unless otherwise agreed between the employee and the Director- General, 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, excluding Long Service Leave and apart from those allowances of a reimbursement or expense nature, where part-time employees will receive the same amount as full-time employees.
- Access to part-time work will be given to employees returning from Maternity, Adoption, Fostering or Parental Leave for up to two years from the end of the applicable leave.
- After the initial up to 2 year period and in accordance with section 65 (1B) of the Fair Work Act and clauses 214-218 employees, including Long Term Casual Employees, returning from Maternity, Adoption, Fostering or Parental Leave may request to work part-time to assist the employee to care for a child who is of school age or younger or in the case of a child (under 18 years) who has a disability to care for them and the provisions in clauses 216 and 218 will apply.
- Consistent with flex time arrangements, a part-time employee and their Director may, by agreement, vary their agreed hours of work. Similarly, part-time working arrangements may, for other than designated part-time jobs, be terminated by agreement.
- 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 their agreement.
- A part-time employee working in a permanent part-time arrangement will not be required to convert to full-time hours without their agreement. A part-time employee not working in a management-initiated part-time job will revert to full- time work at the conclusion of their part-time work agreement, or beforehand as agreed between the employee and the Director-General.
- 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 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.
- If an employee (APS Level 1-6) is required to work on the day following the Boxing Day public holiday, they will receive an overtime payment under clause 47 and 54. Executive level and equivalent employees will have access to TOIL provisions under clauses 32-35.
- 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 (agreed hours for a part time employee). 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 APS Level 1-6 employees are required to work on the remaining two days of Christmas shutdown, they will receive a loading of 50% TOIL or additional payment for hours worked, subject to clause 54 minimum overtime 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 32-35.
- There will be no deduction from Annual, and Personal/Carer’s Leave or flex time credits for the Christmas shutdown period.