Based on what you've told us, it looks like you're covered by the Road Transport and Distribution Award 2010 [MA000038].
Maximum number hours
The maximum number of ordinary hours employees can work is:
- 8 hours per day
- an average of 35 hours per week for oil distribution workers
- an average of 38 hours per week for all other workers.
Check clause 22 of the Road Transport Award for information on how to change ordinary hours.
Averaging weekly hours
An employer and their employee can average the employee's hours over more than a week.
This means the employee may work more than hours one week, but less in another.
Options for averaging weekly hours
Oil distribution workers can average their 35 hours per week by working 70 hours over a 2 week period.
The table below shows the options for averaging 38 hours per week for all workers other than oil distribution workers.
||2 weeks in a row
||3 weeks in a row
||4 weeks in a row
Example: Averaging 38 hours over 2 weeks
Cindy works full-time and averages her 38 hours a week by working 76 hours over 2 weeks.
She works 42 hours the first week, and 34 hours the second week. 42 + 34 = 76 hours.
This means that over 2 weeks she has worked an average of 38 hours per week.
Spread of hours
The ordinary hours in the Road Transport Award can be worked during:
- 5.30am - 6.30pm on Monday to Friday
- 6.30am - 5.30pm on Monday to Friday for oil distribution workers.
This spread of hours doesn't apply to certain delivery workers.
Check clause 22.4 of the Road Transport Award for information on when delivery work can be started between 12.01am - 6am Monday to Friday.
Changing the spread of hours
An employer and the majority of employees concerned in a depot, yard or garage can agree to change the spread of hours by extending by up to one hour at either end of the spread (eg. from 4.30am or until 7.30pm).
An employer and a majority of employees can agree to change the spread of hours to include a Saturday and Sunday.
An individual employee can also agree to have ordinary hours on a Saturday or Sunday or, in some circumstances, to alter the spread of hours by up to one hour at either end of the spread.
Each time a part-time or casual employee works, they have to be given at least 4 hours of work. If they aren’t given these hours, they still have to be paid a minimum of 4 hours.
The minimum daily hours for a full-time employee will depend on their rostered hours.
Check the Road Transport Award for different minimum daily hours on Saturday, Sunday and public holidays.
Arranging hours of work
There are different arrangements that can be used to organise an employee’s weekly hours. These include:
- working the same hours each day (eg. 7 hours and 36 minutes each day, 5 days per week)
- accumulating a rostered day off
- subject to agreement, for oil distribution workers engaged in rural operations, working 35 hours over 3 days in a row, Monday to Saturday.
Check clause 22 and 23 of the Road Transport Award for full information on arranging hours of work.
To find out more about who this award applies to, go to the Road Transport Award summary.
Source reference: Road Transport and Distribution Award 2010 [MA000038] clauses 12 and 22-23