AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989
CLAUSE 17. SHIFT WORK
OPDATE 15:03:91 1st pp on or after
Definitions
(a) For the purposes of this award:
"Shift work" means any system of work in which operations are being continued by the employment of a group of employees upon work on which another group had been engaged prior thereto.
"Day shift" means any shift starting on or after 6.00 am and before 10.00 am.
"Afternoon shift" means any shift starting at or after 10.00 am and before 8.00 pm.
"Night shift" means any shift starting at or after 8.00 pm and before 6.00 am.
"Rostered shift" means a shift of which the employee concerned has had at least 48 hours notice.
Roster
(b) Shifts shall be worked according to a roster which shall:
(i) provide for rotation of shifts unless all the employees concerned agree otherwise;
(ii) provide for not more than eight shifts to be worked in any nine consecutive days;
(iii) specify the commencing and finishing times of each shift.
Ordinary hours
(c) The ordinary hours of work for shift workers shall not exceed an average of 38 per week over a cycle of two, three or four weeks.
(d) A shift shall consist of not more than eight consecutive hours inclusive of a crib time of 30 minutes which shall be counted as time worked.
Rostered off shift
(e) Twenty four minutes of each eight hour shift worked during a shift cycle shall accrue as an entitlement to take a rostered off shift after each nineteen shifts worked. The rostered off shift shall be paid for as though worked.
Paid leave
(f) Each day of paid leave taken and any public holiday occurring during any shift cycle shall be regarded as a shift worked for accrual purposes.
Pro rata accrued entitlements
(g) A shift worker who has not worked or is not regarded by reason of subclause (f) hereof as having worked a complete shift cycle shall receive pro rata accrued entitlements for each shift worked or regarded as having been worked in that cycle. Such pro rata entitlements shall be payable for the rostered off shift or, in the case of termination of employment, on such termination.
Taking of rostered off shifts
(h) The employer and employees concerned shall agree in writing upon arrangements for the taking of rostered off shifts or for their accumulation. Such accumulation shall be limited to not more than five shifts before they are taken as rostered off shifts. When rostered off shifts are taken they shall be regarded as shifts worked for accrual purposes in the particular shift cycle in which they are taken.
Work on a rostered off shift
(i) The rostered off shift prescribed by this clause shall be taken as a paid shift off. Provided that where an employer for emergency reasons requires an employee to work on his rostered off shift the employee shall, in addition to his accrued entitlements, be paid at overtime rates for all work performed on the rostered off shift.
Overtime
(j) All time worked by a shift worker in excess of or outside the ordinary hours (inclusive of time worked for accrual purposes), or on a shift other than a rostered shift, shall be paid for at the rate of double time. Provided that this shall not apply when the overtime is worked by arrangements between the employees themselves or for the purpose of effecting the customary rotation of shifts.
Shift allowances
(k) A shift worker whilst on afternoon or night shift other than on a Saturday, Sunday or holiday shall be paid for such shift 15% more than his ordinary rate.
Saturdays
(l) Employees working shifts between midnight on Friday and midnight on Saturday shall be paid at the minimum rate of time and a half for ordinary hours of work inclusive of time worked for accrual purposes as prescribed in subclause (e) hereof.
Sundays and holidays
(m) Subject to this clause the provisions of clause 32 of this award shall apply to shift workers. Where shifts commence between 11.00 pm 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 shifts fall partly on a Sunday or a holiday that shift the major portion of which falls on a Sunday or a holiday shall be regarded as the Sunday or holiday shift.
Five successive shifts
(n) Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights shall be paid at the rate of time and a half for all ordinary time occurring during such shift.
Permanent night shift
(o) An employee who (except at his/her own request pursuant to paragraph (b)(i) hereof):
(i) during a period of engagement on shift, works night shift only; or
(ii) remains on a night shift for a longer period than four successive 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 him at least 1/3 of his working time off night shift in each cycle; shall during such engagement, period or cycle be paid 30% more than his ordinary rate for all time worked during ordinary working hours on such night shift.
Call outs
(p) A shift worker called out to work after the expiration of his customary working time and after he has left work for the shift, or is called out to work on a day on which he is rostered off, shall be paid for a minimum of three hours work calculated at double the ordinary prescribed rate for each time he is so called out. Provided that if called out on a public holiday payment shall be calculated at the rate prescribed in subclause 32(d) of this award.
Transport after overtime, etc.
(q) When a shift worker, after having worked overtime or a shift for which he has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the shift worker with conveyance to his usual place of residence or to the nearest appropriate public transport.
