AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
(1) (a) An employee may be engaged on shift work in accordance with the provisions of this clause.
(b) The provisions of this clause are to be read in conjunction with the other provisions of this award provided that in the event of conflict between provisions the requirements of this clause shall prevail.
(2) Shift Loadings -
(a) Subject to paragraph (b) hereof a loading of fifteen percent on the ordinary rate shall be paid for time worked on afternoon or night shift as defined hereunder:
(i) Afternoon shift - commencing between twelve noon and six p.m.
(ii) Night shift - commencing between six p.m. and four a.m.
(b) Liberty is reserved to the Union to apply to the Commission for a higher shift loading for employees unable to rotate afternoon and/or night shift with day shift.
(c) This subclause shall not apply to any work performed on Saturdays, Sundays or holidays as prescribed by this award.
(3) Saturday, Sunday and Holiday Shift Loadings -
(a) All ordinary hours worked on a Saturday shall be paid for at the rate of time and one half, ordinary hours worked on a Sunday shall be paid for at the rate of time and three quarters.
(b) All work performed on a holiday prescribed by this award shall be paid for at the rate of double time and one half.
(4) Day in Lieu -
When a shift worker is rostered off duty on a holiday prescribed by this award he shall be allowed a day in lieu with pay to be added to his annual leave or to be taken at some other time as mutually agreed between himself and the employer.
(5) Additional Leave -
A continuous shift worker who is rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the annual leave to which he is otherwise entitled under this award, provided however that where a worker is proceeding on annual leave or whose services are terminated has been engaged for part of the twelve preceding months period on a roster as aforesaid he shall be entitled to one twelfth of a week for each completed month he is continuously so engaged added to his normal entitlements.
(6) Roster -
Workers shall work their ordinary hours according to a roster which shall be updated by the employer so that a worker always has at least one week's notice of times to be worked. The roster shall not be altered with less than one week's notice to the workers concerned. Hours worked outside the roster hours shall be deemed overtime and paid at overtime rates, provided that overtime rates shall not be payable as a result of any excess hours being worked by a worker that are occasioned by arrangements between the workers themselves.
(7) Leave Loading -
During a period of annual leave a worker shall be paid a loading of 17 1/2% calculated on his ordinary wage as prescribed. Provided that where a shift worker would have received shift loadings had he not been on leave during the relevant period and such loadings would have entitled him to a greater amount than the loading of 17 1/2% then the shift loadings shall be added to his ordinary wage as prescribed in lieu of the 17 1/2% loading.
The loading prescribed by this subclause shall not apply to proportionate leave on termination.
(8) Sequence -
(a) Where any particular work is carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked, then employees employed on such afternoon or night shifts shall be paid at overtime rates.
Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provisions of paragraph (a) shall be as if four consecutive shifts were substituted for five consecutive shifts.
(b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a shorter working week or on any holiday.
(9) Overtime -
All overtime worked by continuous shift workers shall be paid for at the rate of double time except for work on holidays prescribed by this award which shall be paid for as prescribed by the Overtime clause.
(10) Hours -
The ordinary hours of duty shall not exceed eight hours per day, inclusive of thirty minutes crib time to be worked consecutively and shall not exceed eighty hours in any two weeks provided that:
(i) A worker shall not be rostered for duty shifts for more than seven consecutive days, and
(ii) A worker's rostered days off shall not be single days.
