AN120130 – Clerical and Administrative Employees in Temporary Employment Services (State) Award
(i) Definitions of Shifts — In this clause —
(a) A "Shift Worker" means an employee whose ordinary hours of work are in accordance with the shifts defined in paragraphs (b), (c), (d) and (e) of this subclause.
(b) "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before 11.00 p.m., provided that where the majority of employees at the establishment finish afternoon shift at a later time (up to 12 midnight), temporary employees may be required to work the same hours.
(c) "Night Shift" means any shift starting at or after 11.00 p.m. and at or before 5.00 a.m. or finishing subsequent to 11.00 p.m. and at or before 6.00 a.m.
(d) "Permanent Night Shift" means a night shift which does not rotate with another shift or shifts, or day work, and which continues for a period of not less than four consecutive weeks.
(e) "Early Morning Shift" applies to an employee whose ordinary hours on shift commence between 5.00 a.m. and 6.00 a.m., except where such a shift is part of a shift system and preceding an afternoon shift finishing at 11.00 p.m.
(ii) Hours, Shift Allowances, Special Rates, Meal Interval —
(a) Notwithstanding any other provisions of this award and subject to the provisions of subclause (i) of this clause, an employee may be employed upon shifts, in which case the ordinary hours shall not exceed eight in any consecutive 24-hour or 38 hours per week or 76 in 14 consecutive days.
(b) Times of beginning and ending the shift of any employee may in any case be varied by agreement between the employer and the employee or, in the absence of agreement may be varied by at least one week's notice given by the employer to the employee.
(c) A shift worker employed on shift shall, for work done during the ordinary hours of any such shift, be paid ordinary rates prescribed by clause 9, Classification Structure and Wages, plus the following additional percentage of the graded rate of pay applicable as prescribed by subclause (iii) of the said clause 9:
Afternoon Shift — at the rate of 17 per cent.
Night Shift — at the rate of 20 per cent.
Permanent Night Shift — at the rate of 26 per cent.
Early Morning Shift — at the rate of 10 per cent.
Allowances in accordance with this clause shall be calculated in multiples of 10 cents, amounts of less than five cents being taken to the lower multiple and amounts of five cents or more being taken to the higher multiple.
(d) A shift worker whose rostered day off coincides with a public holiday shall be paid a day's pay additional to his/her weekly wage, or have a day added to his/her annual leave.
(e) A shift worker whose ordinary working period includes a Saturday, Sunday or holiday as an ordinary working day shall be paid:
Saturday — time and one-half;
Sunday — time and three-quarters;
Holiday — double time and one-half.
(f) Where ordinary shift hours commenced between 11.00 p.m. and midnight on a Sunday or holiday, the ordinary time worked before midnight shall not entitle the shift worker to the Sunday or holiday rate; provided that the ordinary time worked by a shift worker on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as ordinary time worked on such Sunday or holiday.
(g) At least 20 minutes shall be allowed to a shift worker for a meal during each shift before the expiration of five hours. Such meal break shall be counted as time worked.
(iii) (a) All time worked by a shift worker in excess of the hours provided in paragraph (a) of subclause (ii) of this clause shall be paid for at the rate of time and one-half for the first two hours and double time thereafter. In computing overtime, each day shall stand alone.
(b) A shift worker required to work overtime in excess of one hour on any shift shall be paid meal money as set in Item 1 of Table 2 — Other Rates and Allowances ,of Part B, Monetary Rates. If overtime exceeds five hours on any shift a further meal allowance as set out in Item 2 of the said Table 2 shall be paid.
(iv) Work on a Rostered Day Off —
(a) An employee required to work on a rostered day off shall be paid the rate prescribed in subclause (iii) of this clause, except for time worked on Sundays, which shall be paid for at the rate of double time, and time worked on public holidays, which shall be paid for at the rate of double time and one-half.
(b) Where work is performed as prescribed in paragraph (a) of this subclause on a Sunday or a holiday, such employee shall be paid a minimum of four hours at the appropriate rate.
(v) Special Rates not Cumulative — The penalties prescribed by this clause are in substitution for, and not cumulative upon, the shift allowances prescribed in subclause (iii) of this clause.
(vi) Hourly Temporary Employees — Hourly temporary employees who are shift workers shall receive an hourly shift allowance at the rate of 1/38 of the allowance prescribed in paragraph (c) of subclause (ii) of this clause.
(vii) Transport for Employees — Satisfactory arrangements shall be made for transport for employees finishing on the afternoon shift or beginning the night shift, taking into account the requirements of the particular location and having regard to any special circumstances.
