AN140103 – Electrical Contracting Industry Award - State 2003
6.3.1 Definitions
(a) "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
(b) "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.
(c) "Rostered Shift" means a shift which the employee concerned has had at least one weeks notice.
6.3.2 Hours
The ordinary hours of shift workers shall not exceed:
(a) 8 hours in any one day or an average of 38 hours per week
(b) A rostered day off may be taken by working 19 shifts in a 20 working day cycle and where possible the rostered day off will be linked to the weekend.
Subject to the following conditions such shift worker shall work at such times as the employer may require:
(i) Apprentices shall not be required to work Shift Work.
(ii) Shift Work will ideally be done by volunteers but in the absence of sufficient volunteers employers will nominate individuals to fill the roster, having regard to any individual's particular circumstances that may preclude that individual working afternoon or night shift.
(iii) Such ordinary hours shall be worked continuously, except for meal breaks and rest pauses which shall be taken so as not to interfere with continuity of work..
(iv) Except at regular changeover of shifts, employees shall not be required to work more than one shift each 24 hours
(v) An employee shall not be required to work less than 3 or more than 5 hours without a break for a meal.
(vi) Thirty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked.
(vii) Employees shall be fully informed of the duration of the Shift Work requirements and given regular updates during the job on the final completion date.
Prior to Shift Work being introduced, employers shall discuss with their employees the need for Shift Work to be worked. Further, employees shall be fully informed in the expected duration of the Shift Work and shall be given regular updates during the currency of such Shift Work on the continued requirement to work Shift Work.
(viii) Shift Work must be 5 days. In the case of broken shifts (i.e. less than 5 consecutive days Monday to Friday) the rates prescribed shall be the same as the present Award overtime rates for the actual time worked on the shift only.
6.3.3 Rosters
Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shift.
Typical 2 and 3 shift days are listed below, based on Rostered Day Off.
3 shift day | ||||||||||||||||||||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 | |
M |
T |
W |
T |
F |
M |
T |
W |
T |
F |
M |
T |
W |
T |
F |
M |
T |
W |
T |
F | |
Emp 1 |
D |
D |
D |
D |
D |
A |
A |
A |
A |
A |
N |
N |
N |
N |
N |
R |
D |
D |
D |
D |
Emp 2 |
A |
A |
A |
A |
A |
N |
N |
N |
N |
N |
D |
D |
D |
D |
D |
R |
A |
A |
A |
A |
Emp 3 |
N |
N |
N |
N |
N |
D |
D |
D |
D |
D |
A |
A |
A |
A |
A |
R |
N |
N |
N |
N |
2 shift day | ||||||||||||||||||||
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
15 |
16 |
17 |
18 |
19 |
20 | |
M |
T |
W |
T |
F |
M |
T |
W |
T |
F |
M |
T |
W |
T |
F |
M |
T |
W |
T |
F | |
Emp 1 |
D |
D |
D |
D |
D |
A |
A |
A |
A |
A |
D |
D |
D |
D |
D |
R |
A |
A |
A |
A |
Emp 2 |
A |
A |
A |
A |
A |
D |
D |
D |
D |
D |
A |
A |
A |
A |
A |
R |
D |
D |
D |
D |
Emp 3 |
D |
D |
D |
D |
D |
A |
A |
A |
A |
A |
D |
D |
D |
D |
D |
R |
A |
A |
A |
A |
Note:
(a) R = Rostered Day Off - This may be moved to fit in with RDO normal programme currently running - Ideally RDO's will be taken around the weekend.
(b) It is not necessary to have the workforce equally split but sufficient numbers should be on each shift to ensure safe working practices. However, wherever possible employees shall work a rotating shift system based on the 2 or 3 Shift Roster. Wherever possible all employees should work an equal number of day, afternoon and night shifts over the period.
6.3.4 Variation by agreement
If circumstances dictate that the above rosters are not appropriate then they may be varied by agreement between the employer and the State Secretary (or nominee) of the Union to suit the circumstances of the particular establishment. Such agreement shall not be unreasonably withheld.
6.3.5 Afternoon or night shift allowance
(a) A shift worker whilst on afternoon shift shall be paid for such shifts 15 per cent more than the ordinary rate.
(b) A shift worker who works on night shift shall be paid for such shifts 25 per cent more than the ordinary rate.
(c) An employee who, during a period of engagement on shift;
(i) Works night shift only; or
(ii) Remains on night shift for a longer period than 4 consecutive weeks; or
(iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give them at least one-third of working time off night shift in each cycle, shall during such engagement, period or cycle be paid 30 per cent more than the ordinary working hours on such night shift. (i.e. 30% extra on ordinary rates).
6.3.6 Saturday shifts
Saturday Shifts shall be paid at overtime rates applicable for work on Saturdays. Such extra rates shall be in substitution for and not cumulative upon the shift premiums prescribed in clause 6.3.5.
6.3.7 Overtime
(a) Shift workers for all time worked in excess of or outside ordinary working hours prescribed by this Award shall be paid at the rate of double time.
(b) When working overtime, for more than one hour, a crib break of 30 minutes shall be allowed at the normal ceasing time for which no deduction shall be made.
(c) Overtime on public holidays shall be at double normal Shift Work overtime rates
6.3.8 Public holidays
Shift workers shall be paid for rostered shifts worked on gazetted public holidays at double time and a half.
6.3.9 Sunday work
Shift workers shall be paid for all time worked on Sunday at double time.
6.3.10 Shutdowns ,breakdowns and emergency situations
(a) Management will define urgent repair or breakdown work and will seek volunteers; management will nominate individual's to meet requirements if there are not sufficient volunteers, having regard to any individual's particular circumstances that may preclude that individual working afternoon or night shift.
(b) Management will be able to utilise short term shift rosters, Monday to Friday, in conjunction with extended overtime over weekends and rostered days off, on occasions requiring urgent repair or breakdown of plant or machinery.
The duration of any one period so worked will be limited to 2 weeks.
6.3.11 10 Hour break
(a) An employee who does not receive a 10 hour break before commencing short term Shift Work shall be entitled to double ordinary time for the first afternoon or night shift, or part thereof worked, and short term conditions and penalty rates for subsequent shifts.
(b) An employee who receives a 10 hour break prior to returning to day work shall be entitled to ordinary time for the hours that would normally be worked during the break period.
(c) An employee who does not receive a 10 hour break prior to returning to day work shall be paid double ordinary time for all hours worked until released for a 10 hour break.
