Based on what you've told us, it looks like you're covered by the Clerks - Private Sector Award [MA000002].
Maximum number of hours
The maximum number of ordinary hours employees can work is:
- 10 hours per day
- 38 hours per week.
Averaging weekly hours
An employer can average the employee’s hours over more than a week.
This means the employee may work more than 38 hours one week, but less in another.
Options for averaging weekly hours
The table below shows the options for averaging 38 hours per week.
||2 weeks in a row
||3 weeks in a row
||4 weeks in a row
Cindy works full-time and averages her 38 hours a week by working 152 hours over 4 weeks.
She works 42 hours the first week and second week, and 34 hours the third and fourth week. 42 + 42 + 34 + 34 = 152 hours.
This means that over 4 weeks she has worked an average of 38 hours per week.
Spread of hours
The ordinary hours in the Clerks Award can be worked during the following times:
|Monday - Friday
|7am – 7pm
||7am – 12.30pm
When the majority of employees are covered by an award that is not the Clerks Award, the spread of hours from that award will apply to the clerical staff as well.
Changing the spread of hours
Employers and employees can make an agreement to change the ordinary spread of hours under the Clerks Award in a few different ways. This includes when an employer makes an agreement with:
- an individual employee
- the majority of employees in a discrete section of the workplace, or
- the majority of employees in the workplace.
The parties can agree to change the spread of hours by shifting them back or forward by up to an hour.
For example, 6am to 6pm Monday to Friday or 8am to 1.30pm Saturday.
Each time a part-time or casual employee works, they have to be given at least 3 hours of work in a row.
If they aren't given these hours, they still have to be paid a minimum of 3 hours.
The minimum daily hours for a full-time employee will depend on their rostered hours.
Check the Clerks Award for different minimum daily hours on Saturday, Sunday and public holidays.
To find out more about who this award applies to, go to the Clerks Award summary.
Source reference: Clerks - Private Sector Award [MA000002] clauses 13.1-13.7, 10.5 and 11.4