Clause 4.1 A. Division B Employees sub-clause (1)(a) of the Motor Industry Bargaining Council (MIBCO) Main Collective Agreement provides:
“(1) (a) ……. the ordinary hours of work of any employee, other than a part-time employee, shall notwithstanding anything to the contrary contained in this sub-clause, not exceed 45, excluding meal intervals (for a 5-day week). For a 6-day week (Deferent provision for travellers) (Own Emphasis)
No employee may work more than 45 hours per week normal time. In addition, the Main Collective Agreement provides for a daily rest period of 12 consecutive hours between finishing work and recommencing work, and provides for a weekly rest period of at least 36 consecutive hours which, unless otherwise agreed, must include a Sunday.
It must be taken into consideration that meal breaks are not included in the calculation of working hours and will therefore be unpaid. Bear in mind that tea times are paid time and is included in the calculation. An employee who works a 5-day week and who receives a meal break of one hour per day will actually be at the workplace for 50 hours weekly (45 hours normal working time plus 5 hours daily meal breaks). The meal break is to be provided after five hours continuous working time. The statutory meal break is 1 hour, but by agreement between the employee and employer this may be reduced to 30 minutes.
The final word:
It is unlawful for an employer to force an employee to work a full shift of say 9 hours, and then be on “standby” for the next 12 hours – to do so would violate the condition regarding the daily rest period. The maximum permissible overtime is 10 hours in any one week. Employees must be paid 1.5 times the normal wage rate for overtime worked except for Sundays. Overtime on a Sunday must be remunerated a double the normal wage rate. (Deferent provisions for shirt workers).
In a Nutshell: The maximum normal working time for an employee is 45 hours per week. This would mean a maximum of nine hours in any day if the employee works a five days week and eight hours in any day if the employee works on more than five days in a week.
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