AN120196 – Engine Drivers General (State) Award
19.1 Shifts - Other than Continuous
This subclause shall apply to shift workers not upon continuous work as defined.
(a) Subject to clause 20, Implementation of 38-Hour Week, the ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:
(i) 38 hours within a period not exceeding seven consecutive days; or
(ii) 76 hours within a period not exceeding fourteen 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.
(b) the ordinary hours shall be worked continuously subject to the following:
(i) An employee shall not be required to work for more than five hours without a break for a meal. The time at which the meal break is taken shall be at the discretion of the employer.
(ii) Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.
(iii) The ordinary hours of work shall not exceed twelve hours on any day.
(iv) 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
(v) By agreement between an employer and the majority of employees in the plant, work section or sections concerned and their union, ordinary hours not exceeding twelve on any day may be worked subject to:
(1) the employer and the employees concerned being guided by occupational health and safety provisions including the ACTU Code of Conduct on twelve hour shifts;
(2) proper health and monitoring procedures being introduced;
(3) suitable roster arrangements being made;
(4) proper supervision being provided.
19.2 Shifts - Continuous Work Shifts
This subclause shall apply to shift workers on continuous work as defined.
(a) 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 shift workers shall work at such times as the employer may require.
(b) A shift shall consist of not more than twelve hours inclusive of crib time. Provided that:
(i) 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
(ii) by agreement between an employer, the majority of employees in the plant, work section or sections concerned and their union, ordinary hours not exceeding twelve on any day may be worked subject to:
(1) the employer and the employers concerned being guided by occupational health and safety provisions including those of the ACTU Code of Conduct on twelve hour shifts;(2) proper health and monitoring procedures being introduced;
(3) suitable roster arrangements being made; and
(4) proper supervision being provided.
(5) except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.
(6) twenty minutes shall be allowed to shift workers each shift for crib, which shall be counted as time worked.
(c) There shall be roster of shifts which shall –
(i) provide for rotation unless all the employees concerned desire otherwise;
(ii) provide for not more than eight shifts to be worked in any nine consecutive days;
and
(iii) not to be changed until after four weeks' notice;
(iv) Provided that an employee's place on such roster shall not be changed except on one week's notice of such change or payment of penalty rates.
(v) So far as employees present themselves for work in accordance therewith shifts shall be worked according to the roster.
19.3 An employee on shift engaged to work at a site where the majority of employees work shifts not in accordance with either subclause 19.1 or 19.2, the employee may be required by their employer to work shifts similar in length, roster conditions and crib times to those of the majority. This subclause shall not apply when such shifts exceed in the aggregate 152 hours in any period of four consecutive weeks.
19.4 For work done by a shift worker outside the ordinary hours of their shift double time shall be paid. This shall not apply to arrangements between the employees themselves or in cases due to rotation of shift or when the relief does not come on duty at the proper time. For all time of duty after the employee has finished their ordinary shift such unrelieved employee shall be paid time and one-half for the first seven hours and 36 minutes and double time thereafter. Provided that the employee been given at least 7 hours and 36 minutes' notice.
19.5 "Day shift" means any shift starting at or after 6 a.m. and before10 a.m.
"Afternoon shift" means any shift starting at or before 10 a.m. and before 8 p.m.
"Night shift" means any shift starting at or after 8 p.m. and before 6 a.m.
(a) Afternoon and Night Shift Work
(i) Shift workers while working on afternoon or night shifts shall be paid 15 per cent more than the ordinary rate for such shifts.
(ii) A Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights in a five-day workshop or for a least six successive afternoons or nights in a six-day workshop shall be paid at the rate of time and a half for the first three hours and then double time for each shift.
(b) Night Shift Work
(i) An employee shall be paid thirty percent in addition to their ordinary hourly rate if:
(1) during a period of engagement on shift, works night shift only;
(2) remains on night shift for a longer period than four consecutive weeks; or
(3) works on a night shift which does not rotate or alternate with any shift or with day work so as to give them at least one-third of their working time off night shift in each shift cycle,
(c) Weekend and Public Holiday Shift Work.
(i) Employees working shifts shall be paid for work performed between midnight on Friday and midnight on Saturday at the minimum rate of time and one-half.
(ii) Employees working shifts shall be paid for all work performed between midnight on Saturday and midnight on Sunday, or on a Public Holiday at the rate of double time.
(iii) The extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in the preceding paragraphs of this subclause.
19.6 An employee on shift engaged to work at a site where the majority of working on shift receive shift premiums in excess of those provided by 19.5, such employee shall be paid such higher shift premiums.
19.7 An employee on shift engaged to work at a site where the majority of working on shift receive compensation by way of annual leave or otherwise for working Saturday, Public Holidays and/or Sunday shifts, such employee shall be given compensation for working such shifts.
19.8 A shift worker whose rostered day off falls on a public holiday shall be paid in accordance with 24.3(a).
