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Old 20th June 2001 | 08:02
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Yankee_Doodle_Floppy_Disk
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In NZ, our conditions are enshrined in our employment contract. This contract is currently being negotiated in accordance with the new Employment Relations Act 2000.
The Contract technically expired on the 31st of March, but it is still effective until a new contract is negotiated.

Here is the basics from our "current" contract:


5 DEFINITIONS
Day - Any consecutive 24 hour period from midnight to the next succeeding midnight, provided that this period may be varied by up to two hours either side of midnight except as agreed between the Corporation and the Association. "Day" may also be used within this Contract to refer to the ordinary hours of work within such a 24 hour period.

Emergency - An unforseen event which causes, or is likely to cause, risk of injury to people or damage to property.
Off Duty Day - A day free from any scheduled duty.

Ordinary Time T1 Ordinary time rate (unless otherwise specified eight hours per day or equivalent 40 hours per week).

Roster - A schedule comprising the shifts to be worked by employees within the roster period or roster cycle.

Shiftcycle - A combination of consecutive working days followed by consecutive off duty days, with not less than two off duty days per equivalent week.

Special Circumstances:
a) Disruption to scheduled airline services caused by weather, navigation aids, aerodrome facilities, or substantial aircraft unserviceability.
b) Special flights by Air Transport Operators or military logistic flights which have been approved by the Manager Operations.
c) Military training flights of which not less than 12 hours notice has been given.
d) Staff sickness or leave when extenuating circumstances exist.
e) Approved special civil or military flights to facilitate the movement of visiting Heads of State or other Dignitaries, Cabinet Ministers or Members of Parliament.
f) Air Traffic Services (ATS) systems error investigations.
g) Essential non-operational duty (but not including billing data capture) which cannot
reasonably be carried at some other time.
h) Approved Search and Rescue and civil defence exercises.Where there is less than 24 hours notice given to the controller, extended duty may only be required for the circumstances specified above.

8 MEDICAL FITNESS
8.1 It is the responsibility of individual ATC employees to ensure that at all times they are on duty their standard of medical fitness complies with the standards set by the Civil Aviation Authority.

24 HOURS OF WORK
24.2 Air Traffic Control
The maximum rostered hours of work shall normally be 7 hours 30 minutes per shift, except that this maximum may be varied with the agreement of a majority of the staff concerned. Extension of any shift shall be to a maximum of 9 hours 30 minutes. The ordinary hours of work in any equivalent week shall not exceed 35 averaged over three shiftcycles, or 36 days, whichever is the lesser. ATC rosters shall be based on a 2/1 concept as per clause 29.5 except as provided for in clause 29.1.1.

24.3 All Shiftworkers - Where the ordinary
hours of work in any equivalent week are rostered at less than the maximum of 40 hours, time worked as extended duty but not as recall duty up to the appropriate maximum ordinary hours in clauses 24.1 and 24.2 in any shift shall count as ordinary time worked until eight hours is exceeded (8 hours 5 minutes for ATC Trainees), or the maximum of 40 hours is exceeded within the equivalent working week.

24.4 All the above-mentioned hours exclude meal breaks.Any extended duty after 8 hours of work, excluding meal breaks (if any), is overtime.

24.5 Notwithstanding anything contained in this clause, the provisions which relate to ordinary hours of shiftwork in any equivalent week or shift cycle may be varied to suit local requirements by agreement between Airways and the Association, taking into account the interests of the parties concerned and the requirements of the industry.

24.6 Notwithstanding anything in this clause and with the agreement of 75% of the staff concerned, and after consultation with the Association, a night shift of ten hours ordinary time may be worked provided that each employee has the opportunity for a horizontal rest of not less than three hours duration during the shift. For the purposes of this sub-clause a night shift shall be worked wholly between the hours of 8pm to 8am.

25 BREAKS BETWEEN WORK PERIODS
25.1 The minimum break between consecutive work periods or shifts shall be 12 hours, provided that, with the agreement of all staff working the cycle, the minimum break period may be reduced to not less than nine hours on not more than one occasion in each shift cycle.

26 EXTENDED DUTY
26.1 A rostered shift or notified work period may be extended at either end of the shift to a maximum of 9 hours 30 minutes for air traffic control employees, 10 hours 5 minutes for ATC trainees, provided the employee is given as much prior notice of the extension as is practicable.

26.2 Extended duty shall only be used in circumstances which cannot otherwise be properly planned in advance.

26.3 If there is less than 24 hours notice, any requirement for employees to work extended duty should be limited to those occasions when a special circumstance as defined in clause 5 applies.

27 RECALL DUTY

27.1 An employee may be required to work recall duty only once in every 10 consecutive days or twice in every 36 days, and only when the unit's minimum requirements make recall unavoidable. This does not preclude more frequent recalls on a voluntary basis, but not on consecutive days at Centres or International Towers.

27.2 Recall duty shall be subject to the
provisions of this Contract relating to meal breaks, breaks between work periods, extended
duty, rest periods and maximum hours of duty.

27.3 The Corporation shall give as much prior
notice as possible of recall duty.


28 EMERGENCY DUTY
The Corporation may vary the provisions of this Contract relating to minimum breaks between work periods (clause 25), normal hours per shift or work period (clause 24), and extended duty or work period (clause 26) only for an emergency, and only when alternative staffing arrangements are not possible.


29 ROSTERS
29.1.1 At ATS facilities where the pattern of work or coverage required makes the 2/1 roster concept unsuitable, or extra staffing cannot be justified, other roster sequences such as 5/2 may be utilised after agreement with the Association.

29.4 Rosters, and any subsequent general amendments thereto, shall normally be promulgated four weeks prior to their effective date. Employees shall be given at least 24 hours notice of any change in their rostered duty. These periods of notice may be reduced with the agreement of the employee(s) concerned.

29.5.1 Where rosters are to be constructed on the 2/1 concept, the following cycles are available:
(a) 3 day shiftcycle - 2 shifts on, 1 day off
(b) 6 day shiftcycle - 4 shifts on, 2 days off
(c) 9 day shiftcycle - 6 shifts on, 3 days off
(d) 15 day shiftcycle - 5 shifts on, 2 days off followed by 5 shifts on, 3 days off
(e) 36 day shiftcycle - A combination of working days and off duty days of which not
more than 24 are working days and not less than 12 are off duty days, to be agreed by the majority of the staff working the roster at the time it is designed.

The number of consecutive duty days worked shall not exceed seven, including recalls and the number of consecutive rostered duty days shall not exceed six.

29.5.2 As far as practicable all rosters should be designed using one of (b), (c), (d) or (e). Shiftcycle (a) is restricted to cycle changes where it is necessary to preserve the
unit pattern or where an employee takes up an alternative sequence.

[The two most common shiftcycles by far are the 6 day shiftcycle (4:2) and the 9 day shiftcycle (6:3).]

29.5.3 Where a roster provides for two consecutive off duty days, the minimum break shall be 60 hours. Where a roster provides for three consecutive off duty days, the minimum break shall be 84 hours. These minimums may be reduced where agreed by the majority of staff working the roster at the time it is designed.

29.5.4 Shift Cycles - Maximum Hours of Duty.
Except in emergency situations, the maximum hours of duty in each shift cycle including extended duty and recall duty (but excluding meal breaks) shall be as follows:

(a) 3 day shiftcycle 22.5 Hours
(b) 6 day shiftcycle 39.5 Hours
(c) 9 day shiftcycle 58.5 Hours
(d) 15 day shiftcycle 98 Hours
(e) 36 day shiftcycle 225 Hours

29.7 A fixed handover time of up to 15 minutes shall be incorporated in the roster when there is an appropriate requirement for this. For the purpose of constructing rosters, the handover time should normally be five minutes except where a longer period is appropriate due to expected complexity of duties.

For those positions where it is considered necessary, up to ten minutes shall be allowed for pre-duty briefing. It is accepted that, on occasions, the off-going employee's shift may have to be extended to cover the handover. However, this facility shall not be used as a means of regularly extending shifts.


29.8 Rest periods of not less than ten minutes duration shall be achieved either by formally rostering a break at a specified time in the roster, at variable times in the roster dictated by the availability of relief staff, or by combining two positions for the duration of the break, or by leaving a position unstaffed. Such rest breaks shall be treated as continuous duty for the calculation of duty time.

For certain positions and certain shift patterns at various localities, it may not be possible to provide a rest break (e.g. solo shifts). It is intended, however, that such breaks will be provided to the maximum extent possible and that the time of the breaks, where they are practicable, will be staggered around the mid point of the particular half of the shift.

Nothing in this provision precludes an employee from being temporarily relieved from duty at any time either if relief staff is available, if so requested by the employee on duty, and/or if considered necessary or expedient by the supervisor.

29.8.1 For ATC employees at Auckland International Tower, Ohakea Tower, Wellington and Christchurch International Towers, provision shall be made for a rest break after three hours of controller duty.

29.8.2 For ATC employees in area control centres, provision shall be made for a rest break after two hours of radar duty or after 2.5 hours of other controller duty.

NB The duty times specified in subclauses 29.8.1 and .2 exclude handover times.

29.8.3 During that part of the day when the function of each operating position at Auckland, Ohakea, Wellington and Christchurch is essential to the integrity of the unit and work cannot reasonably be off-loaded, provision shall be made in the roster coverage for relief employee(s) to be available.

30 MEALS & REFRESHMENTS
30.1 Where provision is not available for staff to have a meal on duty, a meal break of at least one half hour but not more than one hour shall be provided in each work period or shift of more than 5.5 hours, except where otherwise agreed, which will not count as time worked.

Provided that where an employee is required to take a meal at the work station and is available for work during the meal, the meal time shall count as time worked.

30.2 Where practicable, provision shall be made for a meal break (or the opportunity to have a meal) after no more than five hours of completed duty and for each complete period of five hours worked. A meal break shall not occur less than two hours after commencement of duty. A meal break shall not be used unnecessarily to extend a shift.

30.4 Shift workers shall, where practicable, be allowed refreshment breaks of ten minutes each in each of the first and second halves of the shift. These breaks will either be rostered or at times specified by the Manager.