Under the Pharmacy Industry Award 2010 (PIA), ordinary hours can be worked:
- from Monday to Sunday between 7am and 12 midnight
- for a maximum of 12 hours in one day
- for a maximum of 38 hours in one week, or 76 hours in two weeks
Certain hours within the ordinary hours spread attract an additional penalty loading that is not overtime. Work within these
hours is still ordinary time.
Under the PIA, overtime is payable at the rate of 150% for the first two hours, and double time thereafter, unless the overtime
is worked on a Sunday (payable at 200%) or a public holiday (payable at 250%).
Ordinary time penalty loadings are not payable in addition to overtime; an employee shall receive one or the other.
Casual employees do not receive the casual loading on overtime.
Clause 25.4 provides the following rostering requirements for permanent employees:
- Ordinary hours will be rostered to allow for two consecutive days of each week, or three consecutive days in a two week period
- Ordinary hours and reasonable additional hours cannot be worked over more than six consecutive days
- Ordinary hours can be rostered over five days per week, or six days in one week and no more than four days in the following week
- Employees who regularly work Sundays will have a roster that provides for three consecutive days off each four week cycle, which will include a Saturday and Sunday
- The above weekend restriction does not apply to part-time employees, so long as those employees are rostered at least two consecutive days off each week
However, an employee may request in writing and you may agree to a variation to these rostering arrangements.
It is good practice when rostering employees to consider the following factors:
- fluctuations in customer demand/numbers due to other factors (for example, an upcoming long weekend such as Easter)
- health and safety needs of all employees
- consideration of support for work life balance and the individual needs of employees, be that family, study or other personal circumstances
- ensuring that all employees are rostered in a fair, reasonable and equitable manner while balancing customer, employee and business needs
In this first example, pay cycles are fortnightly with the rostered week running from Monday to Sunday. A 1-hour meal break is included each day.
Frank’s work pattern is 76 hours per fortnight, even though more hours are worked in one week than the other, therefore overtime does not apply to this roster.
In this second example, pay cycles are fortnightly, with the rostered week running from Wednesday of one week to Tuesday of the following.
Hanna works an average of 76 hours per fortnight, and her standard roster rotates through a four-week cycle, whereby she has 4 days off in one fortnight, and 5 days off the following fortnight.
Hanna’s roster includes a 30-minute meal break where she is engaged for up to 8 hours per day, and a 60-minute meal break where she is engaged for 8 or more hours per day.
Remember that a part-time employees hours must be agreed to and documented on engagement.