I read somewhere that when a collective agreement is in place,in a workforce, to work/not work a derogation from the 10 hr working night,that it must be reviewed after a period of no more than 5 years.
So if a company has it in force from say, March 1st 2008,then March 1st 2013,it must be reviewed.
Now, however after 18months or so,we decided to give the company the derogation,so as and from next week,we`re back to the old rules(15 hour spread,4 1/2hrs,45min break etc.)
Is there a MINIMUM period that the derogation must be in place for.Or can we just keep on voting it in and out as the moods dictate?Does this not lend itself to ballot after ballot?
I read somewhere that when a collective agreement is in place,in a workforce, to work/not work a derogation from the 10 hr working night,that it must be reviewed after a period of no more than 5 years.
So if a company has it in force from say, March 1st 2008,then March 1st 2013,it must be reviewed.
Now, however after 18months or so,we decided to give the company the derogation,so as and from next week,we`re back to the old rules(15 hour spread,4 1/2hrs,45min break etc.)
Is there a MINIMUM period that the derogation must be in place for.Or can we just keep on voting it in and out as the moods dictate?Does this not lend itself to ballot after ballot?
A workforce can change it’s mind as often as it likes but I would imagine that the management would have something to say if it was changed too often 
I answered you in this identical post
answered your question below in the post link above
Thanks Rog,the gimps in our place have given it to management,life gets no easier!As it has been voted in,we only work a four day week,can we still do 3x15 hr shifts back to back?Obviously with the bare 9 hr break between them
whiplash:
Thanks Rog,the gimps in our place have given it to management,life gets no easier!As it has been voted in,we only work a four day week,can we still do 3x15 hr shifts back to back?Obviously with the bare 9 hr break between them
NO - You can do 15 with 9 off three times and the fourth must be 13 with 11 off.
You are only allowed to reduce the daily rest three times in a 24 hour period (between weekly rests)
If you did 4 X 15 hours in 4 consecutive days then that would be a reduced daily rest 4 times in 4 X 24 hour periods
If not clear then I can do an example for you… just say the word 
whiplash:
I read somewhere that when a collective agreement is in place,in a workforce, to work/not work a derogation from the 10 hr working night,that it must be reviewed after a period of no more than 5 years.
So if a company has it in force from say, March 1st 2008,then March 1st 2013,it must be reviewed.
Now, however after 18months or so,we decided to give the company the derogation,so as and from next week,we`re back to the old rules(15 hour spread,4 1/2hrs,45min break etc.)
Is there a MINIMUM period that the derogation must be in place for.Or can we just keep on voting it in and out as the moods dictate?Does this not lend itself to ballot after ballot?
I assume that you’ve now got a workforce agreement in place and will be exceeding the 10 hour working time limit ?
You’re correct in saying that where an opt out agreement is in place it lasts for no longer than 5 years.
As far as changing your minds about having an opt out agreement in place is concerned, well there’s no minimum time for the agreement to be in place but opting in and out will most likely mean ballot after ballot, though I guess this would to some extent depend on the circumstances.
I believe that when you make an agreement you should stick to it, if minds or circumstances change you should generally renegotiate not simply say “[zb] you we’ve doing what we want” 
ROG:
If not clear then I can do an example for you… just say the word
What’s not clear is whiplash asking if he can do 3 x 15 and you saying No. 
whiplash:
Thanks Rog,the gimps in our place have given it to management,life gets no easier!As it has been voted in,we only work a four day week,can we still do 3x15 hr shifts back to back?Obviously with the bare 9 hr break between them
Can’t speak for ROG but yes you can do 3x15 hour spread-overs back to back.
ROG:
whiplash:
can we still do 3x15 hr shifts back to back?Obviously with the bare 9 hr break between themNO - You can do 15 with 9 off three times and the fourth must be 13 with 11 off.
Coffeeholic:
ROG:
If not clear then I can do an example for you… just say the wordWhat’s not clear is whiplash asking if he can do 3 x 15 and you saying No.
What’s not clear to me is why ROG would say “No” and then go on to explain that you can 
I do apologise whiplash 
work a four day week,can we still do 3x15 hr shifts back to back?
I misread your post as - work a four day week,can we still do 15 hr shifts back to back? - and missed the 3X bit - note to self - READ POST AT LEAST TWICE BEFORE ANSWERING
whiplash:
I read somewhere that when a collective agreement is in place,in a workforce, to work/not work a derogation from the 10 hr working night,that it must be reviewed after a period of no more than 5 years.
So if a company has it in force from say, March 1st 2008,then March 1st 2013,it must be reviewed.
Now, however after 18months or so,we decided to give the company the derogation,so as and from next week,we`re back to the old rules(15 hour spread,4 1/2hrs,45min break etc.)
Is there a MINIMUM period that the derogation must be in place for.Or can we just keep on voting it in and out as the moods dictate?Does this not lend itself to ballot after ballot?
i would like to point out that if you have a workforce agreement for the 10 hour night rule there nothing stopping you stilll been at work for 15 hours or 13 hours, all that counts to the ten hour rule is driving and other work so you can be there for longer
if like me when i worked nights
6 pm start finish 7 am all the time
my drive to the hub was 4 hours and I unloaded, loaded for an 1 .30 hours then sat and had my break till it was time to leave then 4 hour back never in 18 months doing night trucking did i work more that ten hour but was at work on average 13 hours
Thanks lads,clarified somewhat.Del,I am aware of the on-duty thingy alright,and that its only 10 hrs work/drive,so with POA and breaks it may well end up 12-14 hrs alright. Our crux is that somebody exceeded the 10 hr rule.The next man says,"well if he can come back and I cant,(by working over 10 hrs) who`s the bigger fool".Then a petition was taken up,asking drivers to give the co. a derogation,ballot,and hay presto,gave it to them without a whimper.Drivers.Always have been and always will be our own worst enemies.Plus ca change!
whiplash:
Thanks lads,clarified somewhat.Del,I am aware of the on-duty thingy alright,and that its only 10 hrs work/drive,so with POA and breaks it may well end up 12-14 hrs alright. Our crux is that somebody exceeded the 10 hr rule.The next man says,"well if he can come back and I cant,(by working over 10 hrs) who`s the bigger fool".Then a petition was taken up,asking drivers to give the co. a derogation,ballot,and hay presto,gave it to them without a whimper.Drivers.Always have been and always will be our own worst enemies.Plus ca change!
ok mate sorry about that i do know that some are not aware and did not know if you did so said it anyway
No bother.Thanks to all,for the advice.