Government Gazette
Part1:
C. Hours of Work |
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14. ORDINARY HOURS OF WORK
Unless othenwise specified in the relevant Annexures in Part 2 of this Agreement—
14.1 an employer may not require or permit an employee to work more than—
14.1.1 45 ordinary hours in a week; and
14.1.2 eight ordinary hours in a day if an employee works more than five days in a week; or
14.1.3 nine ordinary hours in a day if the employee works five days or fewer in a week;
14.2 ordinary hours of work are exclusive of meal breaks unless specified to the contrary.
15. OVERTIME
Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—
15.1 an employer may not require or permit an employee to work more than three hours' overtime a day or 10 hours' overtime in a week;
15.2 overtime is calculated on a daily basis;
15.3 the minimum overtime rate payable to an employee is one and one half times the employee's wage rate for ordinary hours of work;
15.4 overtime may not be offset against short time.
16. MEAL AND OTHER INTERVALS
Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—
16.1 an employer may not require or permit an employee to work more than five hours continuously without a meal interval of at least 30 minutes;
16.2 subject to the provisions of clause 16.3, no work may be performed during a meal interval;
16.3 during a meal interval the employee may be required or permitted to perform only duties that cannot be left unattended and cannot be performed by another employee;
16.4 an employee must be remunerated for a meal interval in which the employee is required to be available for work;
16.5 the meal interval is not part of the ordinary or overtime hours worked, except that any time worked by a security guard as a meal interval is part of that employee's ordinary or overtime hours;
16.6 intervals of less than 30 minutes are part of the ordinary or overtime hours of work;
16.7 intervals of longer than 1,25 hours are part of the ordinary hours of work;
16.8 every employee must be given at least two 10-minute rest breaks per shift and these rest breaks are part of ordinary time;
16.9 the 20 minutres allocated for the rest breaks may by agreement be—
16.9.1 added to the meal interval if less than 40 minutes; or
16.9.2 used to permit employees to leave work before the termination of the working day, without loss of pay.
17. PUBLIC HOLIDAYS
Unless othenwise specified in the relevant Annexures in Part 2 of this Agreement—
17.1 an employer may not require or permit employees to work on a public holiday except in accordance with an agreement;
17.2 the public holidays are the following:
17.2.1 January 1, New Year's Day;
17.2.2 March 21, Human Rghts Day;
17.2.3 Good Friday;
17.2.4 Family Day;
17.2.5 April 27, Freedom Day;
17.2.6 May 1, Workers'Day;
17.2.7 June 16, Youth Day;
17.2.8 August 9, National Women's Day;
17.2.9 September 24, Heritage Day;
17.2.10 December 16, Day of Reconciliation;
17.2.11 December 25, Christmas Day;
17.2.12 December 26, Day of Goodwill;
17.3 a public holiday may be exchanged for any other day by agreement;
17.4 if a public holiday falls on a Sunday, the following Monday must be a holiday;
17.5 if a public holiday falls on a day on which an employee would ordinarily work, an employer must pay—
17.5.1 an employee who does not work on the public holiday, at least the wage that the employee would ordinarily have received for work on that day;
17.5.2 an employee who does work on the public holiday—
17.5.2.1 at least double the amount referred to in clause 17.5.1; or
17.5.2.2 if it is greater, the amount referred to in clause 17.5.1 plus the amount earned by the employee for the time worked on that day;
17.6 if an employee works on a public holiday on which the employee would not ordinarily work, the employer must pay that employee an amount equal to—
17.6.1 the employee's ordinary daily wage; plus
17.6.2 the amount earned by the employee for the work performed that day, whether calculated by refercence to time worked or any other method;
17.7 if an employer chooses not to work on any religious holiday other than a public holiday then the employee must be paid as if they had ordinarily worked on that day.
18. SUNDAYS
Unless otherwise specified in the relevant Annexures in Part 2 of this Agreement—
18.1 an employer must pay an employee who works on a Sunday at double the employee's wage for each hour worked, unless the employee ordinarily works on a Sunday, in which case the employer must pay the employee at one and one half times the employee's wage for each hour worked;
18.2 if an employee works less than the employee's ordinary shift on a Sunday and the payment that the employee is entitled to in terms of clause 18.1 is less than the employee's ordinary daily wage, the employer must pay the employee the employee's ordinary daily wage;
18.3 if a shift worked by an employee falls on a Sunday and another day, the whole shift is deemed to have been worked on the Sunday, unless the greater portion of the shift was worked on the other day, in which case the whole shift is deemed to have been worked on the other day.
19. SHORT TIME
Provisions relating to short time are specified in the relevant Annexures in Part 2 of this Agreement.
20. EXCEPTIONS
The provisions concerning meal intervals, rest intervals and overtime in Section C (Hours Work) of Part 1 of this Agreement do not apply to employees engaged in work required as a result of a breakdown of machinery or plant or as a result of any other unforeseen emergency.
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