Workforce Agreement to adopt flexibility provided for night work and reference periods
Definitions
Employment Business: Means Talstaff Ltd located at Colliery Lane, Thurnscoe, Rotherham, S63 0JF
The Workforce: Means all the temporary workers engaged as self-employed workers on contract for services by the employment business who are mobile workers (excluding workers whose terms are provided for or in part by a collective agreement)
The Particular Group: Means the group of temporary workers engaged as self-employed workers on contract services by the employment business (excluding
workers whose terms are provided for or in part by a collective agreement) who are mobile workers, as distinct from other temporary workers currently engaged who are non-mobile workers.
Mobile Worker: Means any worker forming part of the travelling staff who is in the service of an undertaking which operates transport services for passengers or goods by road for hire or reward, or in its own account.
The Regulations: Means the Road Transport Working Time Regulations 2005.
The Representatives: Means the workers duty elected to represent the Workforce or members of a particular group.
The Parties: Means Talstaff Ltd and the representatives of the group to which the agreement applies.
Recital
There is a provision in the Regulations for workers to adopt additional flexibility in respect of night work and reference periods for the purpose of calculating average Working Time through the means of a Workforce Agreement.
A copy of this agreement and any relevant guidance has been sent all members of the Workforce that wish to be included in this agreement. The names of the Workforce subject to this agreement are set out in the attached Schedule.
Provisions
- This agreement is made pursuant to regulation 9(2) and regulation 4(4) of the regulation which permits the extension of the night working limits and reference period through the means of a Workforce Agreement between the Workforce and the employment business.
- This agreement shall remain in force for a period of 5 years.
- The parties acknowledge and agree that for reasons concerning the organisation of work, namely greater work and flexibility, they wish to extend the night working limits and reference period in line with clause 4 and 5 below. The parties it is in the interests of both the employment business and the Workforce to amend such provisions.
- Temporary Workers within the Workforce will work beyond the 10 hour night work limit set out in the regulations, but only to the extent where this would not breach any of the other provisions of the regulations or EU Driver’s Hours Regulations 561/2006.
- For the purpose of calculating the 48 hours per week average reference period the reference period will be extended to 26 week periods and will be calculated over a successive 26 week periods as set out below. The first day of the 26 week reference period will begin on 00:00 hours on a Monday. The reference periods that will apply are: 20th June 2023 to 19th December 2023, 20th December to 19th June 2024, 20th June 2024 to 19th December 2024, 20th December 2024 to 19th June 2025.
- The remainder of the regulations excluding regulation 9(2) and 4(4) remain in force.
- By accepting these terms you are confirming you have read and understood all the above and have agreed on behalf of the workforce.
