Averaging Hours Clause Samples
The Averaging Hours clause defines how an employee’s working hours are calculated over a specified period, rather than on a daily or weekly basis. Typically, this clause allows employers and employees to agree that work hours can fluctuate above or below standard limits in certain weeks, as long as the average over the agreed period does not exceed legal or contractual maximums. This approach provides flexibility in scheduling, accommodating variable workloads while ensuring compliance with labor standards and preventing overtime disputes.
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Averaging Hours. 54.1 The arrangements to average hours provisions contained in a Schedule to this Agreement continue to apply.
54.2 The CEO may agree to introduce a roster arrangement which averages the hours for an employee or a group of employees, subject to the following conditions:
(a) the employee’s ordinary hours of work shall be 36.75 or 38 hours per week as specified in a Schedule to this Agreement, or an average of 36.75 or 38 hours per week over a cycle of 12 weeks;
(b) where the hours are fixed at 38 hours per week then the average over a cycle of four weeks will be worked in of the following cycles:
(i) 38 hours within a work cycle not exceeding seven consecutive days; or
(ii) 76 hours within a work cycle not exceeding 14 consecutive days; or
(iii) 114 hours within a work cycle not exceeding 21 consecutive days; or
(iv) 152 hours within a work cycle not exceeding 28 consecutive days.
(c) with the exception of shiftworkers, the ordinary hours of work shall be between 6.00 am and 6.00 pm worked Monday to Friday exclusive of meal breaks;
(d) the agreement must be documented in writing;
(e) the agreement may be varied provided there is agreement between the CEO and the employee or, the majority of affected employees;
(f) the agreement may be terminated with no less than 28 days notice to give effect at the end of the cycle by agreement between the CEO and the employee or the majority of affected employees; and
(g) all work performed outside ordinary hours of work will be paid at the applicable overtime penalties, except where the employee is a shiftworker.
(h) Employees under Schedule 3 (Construction), Schedule 7 (Transport) and Schedule 8 (Drafting) who are field-based employees, that is employees who work from isolated localities throughout the Northern Territory, may accumulate up to three programmed days off. For these employees the average of 38 ordinary hours may be achieved over a period which exceeds 28 consecutive days.
Averaging Hours. This clause aligns clause 32 of the current Agreement with the current Schedules. The new clause makes it clear that hours worked are within the span of hours with the ability to roster a regular day off. (Note individual averaging can be provided for in the Work Life Balance Division). This has been moved from Part 3 to the new Part 4.
Averaging Hours. The arrangements to average hours provisions contained in a Schedule to this Agreement continue to apply.
Averaging Hours. By mutual agreement between the Company and the Employee, the Company may average an Employee’s weekly ordinary hours of work. Ordinary hours of work may be averaged over a period of up to 26 weeks.
Averaging Hours. The parties agree, as permitted by Section 22 of the Employment Standards Act, 2000 that the hours of work for 12 hours shift employees shall be averaged over a period of four (4) consecutive weeks for the purpose of determining the employee’s entitlement if any, to overtime pay. Any hours worked in excess of an average of 42 hours per week will paid for at time and one-half (1.5x) the regular rate. If an employee works any of his scheduled days off, he shall be paid at a rate of time and one-half (1.5x) for the hours worked (irrespective of the standard work week).