AN120192 – Electricians &c. (State) Award
21.1 Definitions — For the purposes of this clause:
21.1.1 “Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
21.1.2 “Continuous Work" means work carried on with consecutive shifts of employee’s throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
21.1.3 “Night Shift" means any shift finishing subsequent to midnight and at or before 8.00am.
21.1.4 “Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice.
21.2 Hours — Continuous Work Shifts: This subclause shall apply to shift workers on continuous work as hereinbefore defined.
21.2.1 The weekly ordinary hours of shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days. Provided that a shift cycle may differ from that prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.
21.2.2 Subject to the following conditions such shift workers shall work at such times as the employer may require:
(1) A shift shall consist of not more than 8 hours, inclusive of crib time;
(2) except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours;
(3) 20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked:
(4) an employee shall not be required to work for more than 5 hours without a break for a meal.
21.3 Hours — Other Than Continuous Work
21.3.1 This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.
21.3.2 The weekly ordinary hours of work shall be an average of 38 hours per week, the average hours per week being calculated over a shift cycle.
21.3.3 The weekly ordinary hours of work shall be arranged in accordance with one of the following shift cycles:
38 hours within a period not exceeding 7 consecutive calendar days; or
76 hours within a period not exceeding 14 consecutive calendar days; or
114 hours within a period not exceeding 21 consecutive calendar days; or
152 hours within a period not exceeding 28 consecutive calendar days.
Subject to the following conditions such shift workers shall work at such times as the employer may require:
(1) A shift shall not exceed 8 hours of ordinary time work. Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the union.
(2) Such ordinary hours shall be worked continuously except for meal break at the discretion of the employer.
(3) Except at the regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours.
(4) An employee shall not be required to work for more than 5 hours without a break for a meal.
21.4 Rosters — Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
21.5 Variations by Agreement — The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.
The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by 7 days' notice of alteration given by the employer to the employees.
21.6 Afternoon or Night Shift Allowances
21.6.1 A shift worker whilst on afternoon or night shift shall be paid for such shifts 15 per cent more than his/her ordinary rate.
21.6.2 A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights shall be paid for each such shift 50 per cent for the first 2 hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.
21.6.3 An employee who, during a period of engagement on shift:
(1) works night shift only; or
(2) remains on night shift for a longer period than 4 consecutive weeks; or
(3) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one-third of his/her working time off night shift in each shift cycle,
Shall during such engagement, period or cycle be paid 30 per cent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.
21.7 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 21.6 of this clause.
21.8 Overtime — Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:
21.8.1 if employed on continuous work be paid at the rate of double time; or
21.8.2 if employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter, except in each case when the time is worked:
(1) by arrangement between the employees themselves; or
(2) for the purpose of effecting the customary rotation of shifts; or
(3) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subsection 11.4.3 Standing Down of Employees, of Section 11.4, General, of clause 11, Contract of Employment, of this award.
21.8.3 When not less than 7 hours 36 minutes notice has been given to the employer by a relief person that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.
21.9 Holiday and Sunday Work
21.9.1 Payment for Work on a Holiday or a Sunday: Shift workers shall be paid for all time worked on a holiday or a Sunday at the rates prescribed by clause 20, Holiday and Sunday Work.
21.9.2 Rostered Off Duty — A shift worker whose ordinary rostered shift includes a holiday prescribed by the said clause 20, Holiday and Sunday Work, and who is rostered off duty on a holiday and who does not work shall:
(1) be paid one day's pay additional to his/her weekly wage for each such holiday he/she is rostered off duty; or
(2) in lieu of such payment and by mutual agreement with his/her employer he/she shall:
(A) have one additional day of annual leave; or
(B) be granted an ordinary working day off duty without loss of pay.
21.9.3 Holiday and Sunday Shifts — Where shifts commence between 11.00pm and midnight on a holiday or a Sunday, the time so worked before midnight shall not entitle the employee to the holiday or Sunday rate: Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday or Sunday and extending into a holiday or Sunday shall be regarded as time worked on such holiday or Sunday. 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.
21.10 Establishments, Projects, Undertakings – Notwithstanding the other provisions of this clause, where employees are working shift work in a project, undertaking or establishment in association with other employees, the applicable shift work provisions shall be those applying to the majority of such other employees working shift work.
