AN120154 – Concrete Pipe and Concrete Products Factories Consolidated (State) Award
(a) Definitions - For the purpose of this clause:
"Afternoon shift" means any shift finishing after 6.00 p.m. and at or before midnight.
"Continuous work" means work carried on with consecutive shifts of persons throughout the 24 hours of each of at least six consecutive days without interruptions except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer.
"Night shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.
"Rostered shift" means a shift of which the employee concerned has had at least 48 hours notice.
(b) Hours - Continuous Work Shifts - This subclause shall apply to shift workers on continuous work as herein before defined. The ordinary hours of shift workers shall average 38 per week, inclusive of crib time, and shall not exceed 152 hours in 28 consecutive days. Provided that, where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days. Subject to the following conditions, such workers shall work at such times as the employer may require.
A shift shall consist of not more than 10 hours inclusive of crib time. Provided that:
(i) In any arrangement of ordinary hours where the ordinary working hours are to exceed eight on any shift, the arrangement of hours shall be subject to agreement between the employer and the majority of employees concerned.
(ii) By arrangement between an employer, the union and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked, subject to:
the employer and the employees concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12-Hour Shifts;
proper health and monitoring procedures being introduced;
suitable roster arrangements being made; and proper supervision being provided.
(iii) Except at the regular changeover of shifts, an employee shall not be required to work more than one shift in each 24 hours.
(iv) Twenty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked.
(c) Hours - Other than Continuous Work - This subclause shall apply to shift workers not on continuous work as hereinbefore defined. Subject to clause 3, Implementation of the 38-Hour Week, the ordinary hours of work shall be an average of 38 per week to be worked on the following basis:
(i) 38 hours within a period not exceeding seven consecutive days; or
(ii) 76 hours within a period not exceeding 14 consecutive days; or
(iii) 114 hours within a period not exceeding 21 consecutive days; or
(iv) 152 hours within a period not exceeding 28 consecutive days.
The ordinary hours shall be worked continuously, except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than six hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.
Provided that:
the ordinary hours of work prescribed herein shall not exceed ten hours on any one day;
in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant or work section or sections concerned; and
by agreement between an employer, the union and the majority of employees in the plant, work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked, subject to:
the employer and the employee concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12-Hour Shifts;
proper health and monitoring procedures being introduced;
suitable roster arrangements being made; and proper supervision being provided.
(d) Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
(e) Variation by Arrangement - Subject to subclause (b) and (c) of this clause, the method of working shifts may, in any case, varied by agreement between the employer and the majority of employees concerned to suit the circumstances of the establishment or, in the absence of agreement, by seven days notice of alteration given by the employer to the employees.
(f) Afternoon or Night Shift Allowances
(i) A shift worker whilst on afternoon of night shift shall be paid for such shift 15 per cent more than the ordinary rate.
(ii) A shift worker who works on an afternoon or night shift which does not continue:
(a) for at least five successive afternoons or nights in a five-day workshop or six successive afternoons or nights in a six-day workshop; or
(b) for at least the number of ordinary hours prescribed by one of the alternative arrangements in subclauses (b) or (c) of this clause,
shall be paid for each such shift 50 per cent for the first two hours thereof and 100 per cent for the remaining hours thereof in addition to the ordinary rates.
(iii) An employee who:
(a) during a period of engagement on shift work, works night shift only; or
(b) remains on night shift for a longer period than four consecutive weeks; or
(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give at least one-third of working time off night shift in each shift cycle;
shall, during such engagement period or cycle be paid 25 per cent more than the ordinary rate for all time worked during ordinary hours on such night shift.
(g) Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (f) of this clause.
(h) Overtime - Shift workers, for all time worked in excess of or outside the ordinary working hours prescribed by this award on a shift other than a rostered shift shall:
(i) if employed on continuous shift work, be paid at the rate of double time; or
(ii) if employed on other shift work, at the rate of time and a half for the first two hours and double time thereafter.
Except in each case when the time is worked:
(iii) by arrangement between the employees themselves; or
(iv) for the purpose of effecting the customary rotation of shifts; or
(v) when not less than seven hours 36 minutes notice has been given to the employer from a relief person that will be absent from work and the employee who this relief person should relieve is not relieved but instead required to continue to work on this employee's rostered day off, the employee that should have been relieved shall be paid double time.
(i) Requirement to Work Reasonable Overtime - An employer may required an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.
(j) Sundays and Holidays - Shift workers on continuous shifts for work on a rostered shift, the major portion of which is performed on a Sunday or a holiday shall be paid as follows:
(i) Sundays - at the rate of double time.
(ii) Holidays, as prescribed by clause 13, Holidays - at the rate of double time.
Shift workers on other than continuous shift work for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 12, Sunday and Holiday Work. Where shifts commence between 11.00p.m. and midnight on a Sunday or a holiday, then the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee 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 time worked on such Sunday or holiday.
Where shifts fall partly on a holiday, that shift, the major portion of which falls on a holiday, shall be regarded as the holiday shift.
(k) Daylight Saving - Notwithstanding anything contained elsewhere in this award, where by reason of the legislation of the New south Wales Government summer time is prescribed as being in advance of the standard time, the length of any shift:
(i) commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
(ii) commencing on or before the time prescribed by such legislation for the termination of a summer period,
shall be deemed to be the number of hours represented by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the State legislation.
