AN150140 – Social and Community Services Award

CLAUSE 6.5 SHIFT WORK
OPDATE 04:11:2005 on and from

6.5.1 Definitions

6.5.1.1 Afternoon shift means a complete rostered shift of any number of hours commencing at or after 11.00 a.m. and finishing at or after 7.30 p.m. on the day of the shift.

6.5.1.2 Night shift means a complete rostered shift worked between the hours of 7.30 p.m. and 8.00 a.m. inclusive and finishing at or after midnight.

6.5.1.3 Programmed day off means the entitlement to a day off accrued in accordance with clause 6.5.11.

6.5.1.4 Rostered day off means the normal days off duty provided for in accordance with the roster in clause 6.5.9.

6.5.1.5 The workcycle of a full-time employee means, for the purposes of this clause, either:

(a) 152 hours within a work cycle not exceeding twenty-eight consecutive days, in the case of an employee working not more than eight ordinary hours on each shift.

In such case, no full-time employee will be required to work in ordinary hours for more than eighty hours per fortnight.

or

(b) 760 hours within a workcycle not exceeding one hundred and forty consecutive days, in the case of an employee working extended night shifts of between eight and ten ordinary hours each.

Where staff rotate through day, afternoon, and extended night shifts, the ordinary hours of duty will be worked by a combination of the provisions of this clause. All time worked in excess of eight hours on a rostered extended night shift will be a credit towards a programmed day off.

6.5.1.6 Day shift means a shift that commences earlier than 12 noon and finishes at or before 6.00pm.

6.5.2 Hours

The maximum ordinary hours of work will be an average of 38 per week to be worked according to roster.

6.5.3 Part-time/casual limit

A part-time or casual employee must not, unless temporarily replacing a full-time employee, work more than 76 ordinary hours in any one fortnight.

6.5.4 Penalty rates

6.5.4.1 An employee working on an afternoon or night shift from Monday to Friday inclusive will be paid an allowance calculated at the rate of 15 per centum of actual hours worked in addition to the ordinary rate as defined in clause 5.1.

6.5.4.2 The additional payments prescribed by this clause do not form part of the employee's ordinary pay for the purposes of this Award.

6.5.5 Saturday and Sunday work

6.5.5.1 An employee will be paid for work done during ordinary working hours (i.e. not being overtime) between midnight Friday and midnight Sunday an additional payment calculated at the rate of 50 per centum of the ordinary rate for the actual hours worked.

6.5.5.2 The additional payments prescribed by this clause will not form part of the employee's ordinary pay for the purposes of this Award and will be in substitution for and not cumulative upon the afternoon or night shift penalty prescribed in clause 6.5.4 and 6.5.6 or the broken shift penalty clause in 6.5.13.

6.5.6 Permanent afternoon or night shift

Employees required to work permanently on afternoon or night shift will be paid 30 per centum of actual hours worked in addition to the ordinary rate as defined in clause 5.1; provided however that employees who work permanently on such afternoon or night shift at their own request will be paid the penalty rate prescribed in clause 6.5.4.

6.5.7 Overtime

6.5.7.1 Rates

All authorised time worked by employees, other than employees who receive a salary at or in excess of Level 5, Year 1, as set out in Schedule 1, will be paid the following overtime rates:

(a) on Monday to Saturday inclusive at the rate of time and a half for the first three hours and

(b) double time thereafter; such double time to continue until completion of the overtime work;

(c) on Sunday at the rate of double time.

Provided that if the employer and employee agree time off may be granted in lieu of payment for overtime worked on the basis of the provisions set out in clause 6.4.2.

6.5.7.2 Requirement to work overtime

An employee may be required to work reasonable overtime at overtime rates and such employee will work overtime in accordance with such requirements.

6.5.7.3 Calculation of payment

6.5.7.3(a) The hourly rate to be used for such calculations will be that defined in clause 5.2.7.

6.5.7.3(b) In the case of casual employees working overtime such employees will continue to receive the 20 per centum casual loading based on the hourly rate as prescribed in 6.5.7.3(a), so that -

(i) where time and a half is applicable, the rate of pay will be 170 per centum of the hourly rate;

(ii) where double time is applicable, the rate of pay will be 220 per centum of the hourly rate.

6.5.7.3(c) In computing overtime payments, each days work stands alone.

6.5.7.4 Recall to work

6.5.7.4(a) An employee who is recalled to work overtime after leaving the place of employment will be paid for a minimum of three hours work at the appropriate rate for such time so recalled; provided that an employee will not be required to work the full three hours if the work such employee is recalled to perform is completed in a shorter period.

6.5.7.4(b) Clause 6.5.7.4(a) will not apply when overtime is continuous (subject to a reasonable meal break) with completion or commencement of ordinary working time.

6.5.7.4(c) Except as provided for in clause 6.5.11, where an employee is recalled for duty on his/her programmed day off, he/she should be paid in accordance with the provision of this clause as applicable and he/she will not be entitled to substitute another day for the programmed day.

6.5.7.4(d) Where a full-time employee has been given prior notice (such notice to be given as soon as practicable) that he/she will be required to work on his/her programmed day off due to an emergency, such employee will be paid at ordinary time for that day and a substitute day off will be granted.

6.5.7.4(e) Overtime worked in the circumstances of this clause will not be regarded as overtime for the purpose of clause 6.5.7.6 when the actual time worked is less than the minimum of 3 hours on such recall or recalls.

6.5.7.5 Transport

When an employee is required to work overtime and finishes work at a time when normal means of transport are not available, the employer will provide such employee with a conveyance to reach the employee's home.

6.5.7.6 Eight hour break

6.5.7.6(a) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work one day and the commencement of the employee's ordinary work on the next day that the employee has not had at least eight consecutive hours off duty between those times will, subject to this clause, be released after completion of such overtime until such employee has eight consecutive hours off duty without loss of pay for ordinary time occurring during such absences.

6.5.7.6(b) If on instructions of the employer such an employee resumes or continues to work without having eight consecutive hours off duty, the employee will be paid at appropriate overtime rates until so released and will then be entitled to be absent until having had eight consecutive hours off duty without loss of pay occurring during such absence.

6.5.7.7 Where the salary of an employee is at or above Level 5, Year 1, then overtime and penalty rates prescribed by this Award will apply unless a written agreement is reached between the employee and the employer for a suitable employment package to take account of work which is likely to be performed outside of the ordinary hours and other similar contingencies inherent in the work. Provided, however, that the Union will have the right upon request to peruse the terms of the employment package which has been so negotiated.

6.5.8 Meal breaks

6.5.8.1 By arrangement with the employees on each shift an unpaid meal break will be allowed which must be not less than thirty minutes but not more than sixty minutes and which will be free of all duty, provided that the meal break on the night shift does not exceed thirty minutes. Such meal breaks will not be regarded as working time.

6.5.8.2 Where an employee is not able to leave the premises during an unpaid meal break or is otherwise unable to take an unpaid meal break free of all duty they will:

(a) from Monday to Friday receive an allowance as set out in Schedule 11 per half hour of the meal break; or

(b) on Saturdays, Sundays and Public Holidays receive an allowance as set out in Schedule 11 per half hour of the meal break.

Should an employee in receipt of such an allowance be recalled to work the provisions of clause 6.5.8.3 will apply.

6.5.8.3 When an employee is interrupted during a meal break by a call to duty the extent of the interruption will be counted as time worked and the employee will be allowed to continue such meal break as soon as practicable. Should it be impracticable for the employee to complete such meal break during the remainder of the ordinary working hours, the employee will receive the appropriate overtime pay for the time so worked.

6.5.8.4 There will be at least one tea break of not less than ten minutes per shift and this break will be counted as time worked.

6.5.9 Rosters

6.5.9.1 The ordinary hours of work for each employee will be displayed on a roster in a place conveniently accessible to employees at least seven days before the commencement of the day on which the roster commences; provided however that a roster may be altered at any time to enable the service of the organisation to be carried on in an emergency or when another employee is absent from duty.

Every employee will be entitled to consecutive rostered days off duty provided the provisions of the clause may be varied by mutual agreement.

6.5.9.2 An employee will wherever practicable have at least eight hours free from duty between the completion of one rostered shift and the commencement of the next rostered shift; provided however that this clause will not apply if the employee is required to perform the duty to enable the service of the organisation to be carried on when another employee is absent from duty or in an emergency.

6.5.10 Night duty

6.5.10.1 The period of night duty to be worked by an employee must not exceed eight weeks in any six-monthly period, provided that the provisions of this clause may be varied by agreement with the employee and provided further that these provisions will not apply if the employee is required to perform duty to enable the service of the organisation to be carried on in an emergency or when another employee is absent from duty because of illness.

6.5.10.2 Except in cases or emergency one weeks notice will be given to an employee going on night duty.

6.5.10.3 An employee changing from night duty to day duty or from day duty to night duty must be free from duty during the twenty hours immediately preceding the commencement of the changed duty; provided that this clause will not apply if the employee is required to perform duty to enable the service of the organisation to be carried on in an emergency or when another employee is absent from duty.

6.5.11 Programmed days off

6.5.11.1 Eight hour shift employees

6.5.11.1(a) A full-time employee who is engaged to work shifts of not longer than eight ordinary hours will be entitled to one programmed day off in each four week period, such day off to be nominated by the employer in accordance with the rostering provisions of clause 6.5.9.

6.5.11.1(b) Such programmed day off may, at the discretion of the employer be rostered in advance of a full "credit", as described below, having been accrued for the day.

6.5.11.1(c) Not withstanding anything contained within clauses 6.5.11.1(a) or (b) or in any other provision in this Award, by mutual agreement between the employer and the employee concerned, a full-time employee may work an average of thirty eight ordinary hours per week in a manner other than a programmed day off, by either having one shift in each week of less than eight ordinary hours, or by having one shift in each two week period of less than eight hours duration.

The day or days on which these shorter shifts will be worked will be as mutually agreed between the employer and the employee.

Where either the employee or employer believes that the above methods of working a thirty eight hour week is of benefit, but is unable to reach agreement with the other party, the matter will be referred to the State Secretary of the Union, at which level a conference of the parties will be convened without delay, with the aim of reaching agreement.

If the matter still remains unresolved, either party may refer the matter to the Commission for resolution.

6.5.11.1(d) Notwithstanding anything else contained in this Award, at any time, a full time employee may seek to defer or be requested to defer or "bank" for up to six months any programmed day off which becomes due as a result of this clause, provided that such deferral or "banking" is by mutual agreement between the employer and employee.

No more than five programmed days off may be banked at any given time. Deferred programmed days off may be taken as time off as single days or as a block in a manner mutually agreed between the employer and employee. If agreement cannot be reached as to how this time off should be taken, the employer may at two weeks notice inform the employee of the way in which the time off will be taken.

6.5.11.2 Extended night shift employees

A full-time employee who is engaged to work an extended night shift of between eight and ten ordinary hours will be entitled to at least four programmed days off in each twenty-week period, such days off to be nominated by the employer in accordance with the rostering provisions in clause 6.5.9.

6.5.11.3 Wages

At the option of the employer, either of the following methods may be used to make payment of wages under the thirty eight hour week:

6.5.11.3(a) Actual pay

The employer may elect to pay the employee on the basis of each hour worked in the given pay period, without regard to any method of "averaging".

6.5.11.3(b) Average wages

An employer may elect to pay an employee whose ordinary hours may be more or less than thirty-eight in any particular week of a work cycle, to be paid on the basis of an average of thirty eight ordinary hours so as to avoid fluctuating wage payment in each pay period.

6.5.11.4 Effect of leave without pay

6.5.11.4(a) Employees working eight-hour shifts

An employee who is absent from duty on leave without pay for a whole day will, for each day that he/she is so absent, lose average wage for that day calculated by deducting seven hours thirty six minutes from the average weekly wage.

An employee who is on leave without pay for a whole day will not accrue a “credit” because he or she would not have worked ordinary hours that day in excess of seven hours thirty six minutes for which he/she would otherwise have been paid.

6.5.11.4(b) Employees working extended night shifts

An employee who is absent from duty on leave without pay will have deducted from her/his average wage an amount calculated at the hourly rate for each hour or part thereof that the employee is absent.

6.5.11.5 Annual leave

An employee who is on annual leave will not accrue any “credit” (or “debit” in the case of employees working extended night shifts) for the first four weeks of leave taken from each years entitlement.

Any “credit” or “debit” standing at the start of the leave period will carry forward and be available, subject to normal rostering procedures, to the employee upon resumption of work.

The employee will then be entitled to a programmed day off upon completing the period of work necessary to have accrued the complete “credit” appropriate to his/her working arrangement.

6.5.11.6 Termination of employment

Where a full-time employee paid on the average pay system prescribed by this clause has the contract of employment terminated, or terminates his/her own employment, the following procedure will apply:

6.5.11.6(a) Where the employee has not taken a programmed day off in the work cycle in which termination occurs, the wages due to the employee will include the “credits” accrued as detailed in this clause.

6.5.11.6(b) Where the employee has already taken a day off during the work cycle in which the termination occurs, the wages due to the employee will be reduced by the total of “credits” which have not accrued during the work cycle.

6.5.11.7 Work on a programmed day off

An employee required to work on a day otherwise nominated as a programmed day off and which is not substituted in accordance with clause 6.5.7.4, will be paid for work on such day in accordance with the overtime provisions of clause 6.5.7.

6.5.12 Daylight savings

Notwithstanding anything contained elsewhere in this Award, in any area, where by reason of the Daylight Saving Act, 1971, South Australian summer time is prescribed as being in advance of South Australian standard time, the length of any shift -

(a) commencing before the time prescribed by the said Act for the commencement of a South Australian summer time period, and

(b) commencing on or before the time prescribed by the said Act for the termination of a South Australian summer time period, will be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the said Act.

In this clause 6.5.12 the expression, South Australian summer time and South Australian standard time bear the same meanings as are prescribed by the said Act.

6.5.13 Broken shifts

6.5.13.1 Employees working a broken shift from Monday to Friday inclusive will be paid an additional 10 per centum, calculated on the ordinary rates prescribed by clause 5.1, for each such broken shift worked. Provided that, when the second part of a broken shift finishes at or after 7.30 p.m., the additional payment will be 15 per centum calculated on the ordinary rate.

6.5.13.2 The provisions of clause 6.5.13.1 will not apply where an employee requests to work hours other than those displayed on the roster.

6.5.13.3 Employees required to work broken shifts will be reimbursed for fares actually incurred to a maximum amount set out in Schedule 11 for the second portion of the broken shift only.

6.5.13.4 The additional payments prescribed by this clause will not form part of the employee's ordinary pay for the purpose of this Award.

6.5.13.5 For the purpose of this clause, broken shifts are defined as any period of rostered duty which is not continuous but excluding breaks as prescribed by this Award.

6.5.14 12 hour shifts

6.5.14.1 In any arrangement of ordinary working hours where the working hours are to exceed eight on any shift, the arrangement of hours will be subject to agreement between the employer concerned and the majority of the employees concerned, and

6.5.14.2 By agreement between the employer and the Union and the majority of the employees concerned, ordinary hours not exceeding 12 on any shift may be worked subject to:

(a) the employer and employee concerned being guided by the Occupational Health and Safety provisions of the Australian Council of Trade Unions code of conduct on 12 hour shifts;

(b) proper health and monitoring procedures being introduced;

(c) suitable rostered arrangements being made;

(d) proper supervision being provided; and

(e) a trialling or pilot period being the first stage of introducing a 12 hour shift with a review to be conducted after an agreed period.