okay in this video I'm going to take a look at the organization of working time
act and it deals with the whole area of hours of work rest breaks holidays and
so on I get a lot of queries in this about this whole area of law so this
particular video is going to be a short one but I'm going to look at seven
employment claims that are brought on a regular basis to the workplace relations
commission in relation to the organization of working time act and
hours of work okay the first one is to do with your daily rescued the
organization of working time life 1997 set subjects are entitled to a rest
period of not less than 11 consecutive hours in each period of 24 hours so
that's the first one second one then in relation to the organization of working
time act is to do with breaks section 12 provides your rest entitlements and they
are 15 minutes for every four hours and 30 min has worked and 30 minutes for
every six hours worked now you may have contracted employment or custom and
practice in the workplace or agreement from the employer that your breaks will
be longer or will be different or whatever that's fine but what I'm
referring to here and what's provided for in the act is your minimum Brett
rest break entitlements so these are minimum entitlements you may get more
the weekly rest created section 13 of the Act states that your title to a rest
page of at least 24 consecutive hours in each period of seven days the maximum
permitted hours then that you should not be required to work more than an average
of 48 hours in each seven-day period now this average can be calculated over a
number of months but the bottom line is generally you should not be required to
work more than an average of 48 hours in each week section 15 is relevant section
of the Act and you leave then is dealt with also in the organization of all
time acts and it sets out your minimum entitlements
as I say your contractual entitlements may be more but the Act sets out the
minimum entitlements and that would be either for working weeks in the leave
year in which you work at least thirteen hundred and sixty-five hours or one
third of a working week for each month in the live year in which you work at
least 117 hours or eight percent of the hours that you've worked in a live year
subject to a maximum of four working weeks whichever of these calculations
gives you the greater entitlement that is what you're taking - so essentially
it's four working weeks or if you're a part-time employee eight percent of the
hours worked calculate eight percent of the origin work and that will give you
your annual leave entitlement ok public holiday entitlements are dead script in
the act as well as section 21 and 22 title - either a paid day off on the
public holiday or a paid day off within a month or an extra days annual leave or
an extra day's pay now this whole area can be a little bit confusing a little
bit complex particularly if you're only a part-time employee but the bottom line
is that each employee has a public holiday entitlement excess of nice hours
are dealt with in the act as well it provides that an employee should not
work more than eight hours or an average of eight hours over a period a two-month
period in ninety period of 24 hours and also there are specific rules for mobile
and Road Transport Workers one word of warning to you there are exceptions and
or exemptions for each of the foregoing categories
so you shouldn't get advice before you bring a claim into the workplace
relations commission as I say there's various sort of you know tweaks or
exemptions and exceptions but by and large what I've set out there is what's
in the legislation and sets out the various claims that can be brought to
the workplace relations formation under the organization of working time Act
1997 my name is teri garr I'm a solicitor and
field I hope you find this video useful if you do you might give a thumbs up
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for watching