AN120332 – Mechanical Opticians (State) Award
(i) Definitions — For the purposes of this clause:
"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m..
"Rostered Shift" means any shift of which the employee concerned has had at least forty-eight hours' notice.
(ii) Hours — other than continuous work — This subclause shall apply to shift workers not upon continuous work at hereinbefore defined. The ordinary hours of such shift workers shall not exceed:
(a) Forty in any week to be worked in five shifts of 8 hours.
(b) Eighty in fourteen consecutive days in which case an employee shall not, without payment for overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week.
Such 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 five hours without a break for a meal.
Except at regular change over of shifts, an employee shall not be required to work more than one shift in each twenty-four hours.
(iii) Rosters — Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
(iv) Variations by Agreement — The method of working shifts may in any case be varied by agreement between the employer and the majority of employees, or the union where applicable, 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 majority of employees to suit the circumstances of the establishment in the absence of agreement by seven days' notice of alteration given by the employer to the employees.
(v) Afternoon or Night Shift Allowances —
(a) A shift worker, whilst on afternoon or night shift, shall be paid for such shift 15 per cent more than his/her ordinary rate.
(b) A shift worker who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights in a five-day workshop or for six successive afternoons or nights in a six-day workshop 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 his/her ordinary rate.
(c) An employee who:
(1) during a period of engagement on shift, works night shift only; or
(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 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.
(vi) 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 one-half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (v) hereof.
(vii) 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:
(a) if employed on other shift work at a rate of time and one-half for the first two hours and double time thereafter;
except in each case when the time is worked
(b) by arrangement between the employees themselves;
(c) for the purpose of effecting customary rotation of shifts.
Provided that when not less than eight hours' notice has been given to the employer by a relief person that he/she/ will be absent from work and the employee who 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.
(viii) Requirements to Work Reasonable Overtime — An employer may require an employee to work reasonable overtime at overtime rate and such employee shall work overtime in accordance with such requirements.
(ix) Sundays and Holidays — Shift workers on other than continuous work for all time worked on a Sunday or holiday shall be paid at the rate prescribed by clause 17, Sundays and 18, Holidays. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, 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 shift falls partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as a holiday shift.
