Reasonable Hours Test Case - Fact Sheet
19 November 2001
The ACTU Claim:
- In May 2001, the ACTU and 12 unions lodged applications with the Australian
Industrial Relations Commission for a test case to include reasonable hours of
work as an Award condition for Australian employees. Preliminary hearings were
held in June and July.
- The case is scheduled to be heard in Melbourne from November 19 to 30, 2001,
before a five member full bench of the Commission headed by AIRC President
Justice Geoffrey Giudice. A decision is expected in 2002.
- The case is the first hours case of such general significance since the 40
Hour Week case in 1947 before the Commonwealth Court of Conciliation and
Arbitration.
- The ACTU application proposes a flexible Reasonable Hours Clause for
inclusion in 14 test case Awards operating across a wide range of industries.
The effect of the clause can be tailored to suit the circumstances of individual
businesses.
- The application seeks to establish flexible guidelines on excessive hours
and unhealthy rostering by considering employees' safety, workload and family
responsibilities.
- The proposed clause provides for additional days of annual leave for
employees who work a large number of hours over an extended
period.
Key Statistics:
- Australia has the second longest working hours in the developed world - only
South Koreans work longer average full-time hours, and in that country, unlike
Australia, hours are decreasing.
- 31% of full time employees, or 1.8 million Australians, work more than 48
hours per week. Most of them (905,000) are non managerial workers - and 71% of
these are non-professionals.
- 2.4 million Australians work more than 45 hours per week, 1.6 million work
more than 50.
- Australia has the fastest growing working hours in the OECD, with average
weekly hours since 1982 increasing by 3.7 hours a week - equivalent to 550,000
full time jobs.
- The increase in average hours is accelerating, jumping by 48 minutes between
1998 and 2000.
- Australia has the developed world's highest rate of unpaid overtime, with
25% of full time employees not paid for an average 2.7 hours a week each -
equivalent to 400,000 extra jobs.
- Between 1981 and 2000, there was a 76% increase in the number of people
working more than 45 hours each week, and a 94% jump in the number working 50 to
59 hours per week.
- The overall cost of fatigue-related workplace incidents is estimated at $3
billion a year.
- Excessive working hours are linked to increases in cardiac disease,
infertility, high blood pressure, tobacco and alcohol consumption, mental
illness and sleeping and eating disorders.
- The European Union is limiting weekly working hours to 48 and France to
35.