AP818456CRV - Wool Scourers and Carbonisers Award 2002
27.1 Definitions
For the purpose of this clause:
27.1.1 Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.
27.1.2 Night shift means any shift finishing subsequent to midnight and at or before 8.00 a.m.
27.1.3 Roster shift is a shift of which an employee has had at least 48 hours' notice.
27.2 Hours
The ordinary hours of actual work or duty of a shift worker shall be an average of 38 per week to be worked on any or all of the days Monday to Saturday inclusive. Such average 38 hours per week to be worked on one of the following bases:
27.2.1 38 hours within a period not exceeding seven consecutive days; or
27.2.2 76 hours within a period not exceeding fourteen consecutive days; or
27.2.3 114 hours within a period not exceeding 21 consecutive days; or
27.2.4 152 hours within a period not exceeding 28 consecutive days.
27.3 Where two shifts are being worked there shall be a meal break of not less than 30 minutes (in the employee's time) or a crib time of twenty minutes (in the employer's time) at such time as shall be fixed by arrangement between the employer and the employees.
Provided that the employer may alter the time so fixed because of a breakdown in machinery which causes a temporary cessation of work. If a shift has to run until 8.00 a.m. on Saturday to complete the cycle for the week, the time between midnight on Friday and 8.00 a.m. on Saturday, shall be regarded as time worked to complete the Friday shift and shall not be paid for as Saturday work.
27.4 Except as provided in 27.5, where three shifts are being worked (that is, day, afternoon and night) the week's roster may commence at 11.00 p.m. on Sunday. The ordinary hours shall be worked continuous except for crib break of twenty minutes in the employer's time, such crib break to be arranged at the discretion of the employer.
27.4.1 An employee shall not be required to work more than five hours without having a crib break.
27.5 The minimum rate to be paid to a shift worker for all ordinary time worked on a shift which falls between midnight on Friday and midnight on Saturday shall be time and a half.
27.5.1 Where a shift is to run under the three shift cycle until 8.00 a.m. on Saturday to complete the cycle of work for the period, the time between midnight on Friday and 8.00 a.m. on Saturday shall be regarded as time worked to complete Friday night and shall not be paid for as Saturday work.
27.6 The hours of starting and ceasing work may be altered as to the work of any employer by agreement between the employer and the majority of employees concerned or in appropriate cases the individual employee.
27.7 Except where three shifts are being worked an employee told to be on duty or to remain at call during meal time shall be paid overtime rates until a meal break has been granted.
27.8 Except as hereinafter provided all time worked on a Sunday or a public holiday shall be paid for at double time. Where shifts commence between 11.00 p.m. and midnight on Sundays or holidays the time so worked before midnight shall not entitle the employee to the Sunday or holiday rates provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or a holiday and extending into the Sunday or holiday shall be regarded as time worked on such Sunday or holiday.
27.8.1 For rotating and permanent afternoon shifts: an amount per shift equalling 15% of 1/5th of the rate applicable for an ordinary Woolscourer.
27.8.2 For rotating night shifts: an amount per shift equalling 17.5% of 1/5th of the rate applicable for an ordinary Woolscourer.
27.8.3 For permanent night shifts: an amount per shift equalling 27.5% of 1/5th of the rate applicable for an ordinary Woolscourer.
27.8.4 The following provisions apply at Port Phillip Mills (Williamstown). Twelve hour shift workers will receive an amount equal to 22% of the rate applicable as shift loading. In addition, such employees will receive a further loading of 15% as a seven day loading. Employees will be notified of their roster three months in advance by the posting of a notice. Seven day shift workers who are rostered to work regularly on Sundays and holidays shall be allowed 35 consecutive days leave including non-working days.
[27.8.5 inserted by PR942852 from 07Oct02]
27.8.5 The following provisions shall apply to employees employed in the wool sorting, wool scouring and carbonising and wool store sections at GH Michell & Sons Pty Ltd (Laverton), Warrnambool Textiles Division of Onkaparinga Woollen Co. Ltd, GH Michell & Sons (Aust) Pty Ltd (Salisbury North) (in so far as their wool scouring and carbonising operations are concerned), Onkaparinga Woollen Co. Ltd, Lobethal, Coats Patons (Australia) Ltd (Launceston), Canobolas Wool Topmaking Pty Ltd (Orange).
27.8.6 An employee who is required to change from one shift to another without two working days notice of such change of shifts shall be paid an allowance in accordance with 20.10 as compensation. This allowance will not apply during any period where power restrictions are operating.
27.9 Seven day continuous shift work
[27.9 inserted by PR942852 from 07Oct02]
The following provisions shall apply to employees employed in the wool sorting, wool scouring and carbonising and wool store sections at GH Michell & Sons Pty Ltd (Laverton), Warrnambool Textiles Division of Onkaparinga Woollen Co. Ltd, GH Michell & Sons (Aust) Pty Ltd (Salisbury North) (in so far as their wool scouring and carbonising operations are concerned), Onkaparinga Woollen Co. Ltd, Lobethal, Coats Patons (Australia) Ltd (Launceston), Canobolas Wool Topmaking Pty Ltd (Orange).
27.9.1 Seven day continuous shift work means work carried out with consecutive shifts of employees throughout the 24 hours of each of the seven days of the week without interruption except during breakdowns or due to unavoidable causes beyond the control of the employer.
27.9.1(a) Except where provided otherwise in this clause, all the provisions of the award will apply to seven day continuous shift workers.
27.9.2 Sick pay
Where the ordinary hours of a roster provide for a rostered overtime shift then employees will be entitled to claim sickness benefits at ordinary rates for absences occurring through illness on the rostered overtime shifts.
27.9.3 Overtime
Overtime work performed by seven day continuous shift workers must be paid at the rate of double time.
27.9.4 Work on Saturdays, Sundays and Public Holidays
27.9.4(a) Where a seven day continuous shift worker works a rostered shift, the major portion of which is performed on a Saturday, he or she must be paid at the rate of time a one half for the whole shift.
27.9.4(b) Where a seven day continuous shift worker works a rostered shift, the major portion of which is performed on Sunday, he or she must be paid at the rate of double time for the whole shift.
27.9.4(c) Where a seven day continuous shift worker works on a rostered shift, the major portion of which is performed on a public holiday, he or she must be paid at the rate of double time for the whole shift.
27.9.4(d) Employees who receive the extra rate for work done on Saturdays, Sundays and Public Holidays under this clause are not also entitled to the shift penalty in clause 27.
27.9.5 Where a public holiday falls on the rostered day off of a seven day continuous shift worker who is rostered to work regularly on Sundays and public holidays, the employer may either:
This clause will not apply when the rostered day off falls on a public holiday on a Saturday or Sunday.
27.9.6 Notwithstanding anything contained elsewhere in this award in any area where by reason of the legislation of a State, summer time is prescribed as being in advance of the standard time of that State the length of any shift:
27.9.6(a) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
27.9.6(b) commencing on or before the time prescribed by such legislation for the termination of a summer time period.
27.9.6(b)(i) Will be deemed to be the number of hours represented by the difference between the time recorded by the clock in each case to be set to the time fixed pursuant to the relevant State legislation.
27.9.6(b)(ii) To clarify, a shift may be actually be an hour longer or shorter if summer time commences or finishes during a shift without deduction or addition to pay.
27.9.6(c) In the subclause the expressions standard time and summer time will bear the same meaning as are prescribed by the relevant State legislation.
27.9.7 Hours of work for seven day continuous shift workers
27.9.7(a) Except as provided below, the ordinary hours of continuous shift workers will average 38 hours per week inclusive of crib breaks and must not exceed 152 hours in 28 consecutive days.
27.9.7(b) Twenty minutes must be allowed each shift for a meal, which will be counted as time worked.
27.9.7(c) Except at the regular change-over of shifts an employee must not be required to work more than one shift in each 24 hours.
27.9.7(d) An employer and a majority of employees may agree to arrange ordinary working hours so that the ordinary hours exceed eight hours on any shift, provided that:
27.9.8 12 hour shifts
27.9.8(a) 12 hour shifts may be implemented by agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, subject to:
27.9.8(a)(i) proper health monitoring procedures being introduced;
27.9.8(a)(ii) suitable roster arrangements being made;
27.9.8(a)(iii) proper supervision being provided;
27.9.8(a)(iv) adequate breaks being provided;
27.9.8(a)(v) an adequate trial or review process being implemented through the consultative process in accordance with clause 9 - Consultative Mechanism.
27.9.8(b) 12 hour shifts may be implemented in accordance with the following requirements:
27.9.8(b)(i) The ordinary hours of shift workers must average 38 hours per week, inclusive of rest periods and must not exceed 152 ordinary hours in 28 consecutive days; or
27.9.8(b)(ii) A maximum of 168 hours may be rostered in 28 consecutive days. These hours must be rostered on the basis that no employee will be rostered to work more than 4 consecutive shifts; or
27.9.8(b)(iii) Payment is to be made on the following basis:
27.9.8(b)(iii)(A) Monday to Friday:
First 10 hours at ordinary rate plus 2 hours at double time plus shift penalty where appropriate.
27.9.8(b)(iii)(B) Saturday:
Time and a half for all hours worked.
27.9.8(b)(iii)(C) Sunday:
Double time for all hours worked.
