AN160268 – Public Service Award 1992
This allowance is derived from the percentage increase in the level 1.7 weekly rate, the formula being:
L1.7 annual salary. |
x |
12 |
x |
1 |
x |
12.5 |
1 |
313 |
10 |
100 |
(1) In this Clause the following expressions shall have the following meaning:
"Day shift" means a shift commencing after 6.00am and before 12.00 noon.
"Afternoon shift" means a shift commencing at or after 12.00 noon and before 6.00pm.
"Night shift" means a shift commencing at or after 6.00pm and before 6.01am.
"Public holiday" shall mean a holiday provided in Clause 24. - Public Holidays of this Award.
(2) (a) An officer required to work an afternoon or a night shift of seven and one half (7½) hours shall, in addition to the ordinary rate of salary, be paid an allowance in accordance with Schedule J - Shift Work Allowance of this Award.
(b) Work performed during ordinary rostered hours on Saturdays or Sundays shall be paid for at the rate of time and one-half and on public holidays at double time and one-half. These rates shall be paid in lieu of the allowance prescribed in paragraph (2)(a) of this clause.
Provided that in lieu of the foregoing provisions of this subclause and subject to agreement between the employer and the officer, work performed during ordinary rostered hours on a public holiday shall be paid for at the rate of time and one-half and the officer may, in addition, be allowed a day's leave with pay to be added to annual leave or to be taken at some other time within a period of one year.
(c) An officer rostered off duty on a public holiday shall be paid at ordinary rates for such day or, subject to agreement between the employer and the officer, be allowed a day's leave with pay in lieu of the holiday to be added to the officer's next annual leave entitlement or taken at a mutually convenient time within a period of one year.
(d) An officer engaged on shift work who is rostered to work regularly on Sundays and/or public holidays shall be entitled to one week's leave in addition to the officer's normal entitlement to annual leave of absence for recreation.
(e) Additional leave provided by paragraphs (b) and (c) of this subclause shall not be subject to the annual leave loading prescribed by subclause (11) of Clause 23. - Annual Leave of this Award.
(f) Work performed by an officer in excess of the ordinary hours of the officer's shift or on a rostered day off shall be paid for in accordance with the overtime provisions of Clause 22. - Overtime Allowance of this Award.
(g) (i) When an officer begins or ceases a shift between the hours of 11.00 pm and 7.00 am and no public transport is available, reimbursement at the appropriate rate of hire prescribed by subclause (4) of Clause 47. - Motor Vehicle Allowance of this Award shall be made if the officer's private motor vehicle or cycle is used for the journey between the officer's residence and headquarters and the return journey.
Provided however, that any officer who, on or after October 30, 1987, elects to be permanently retained on a fixed or non rotating shift that begins or ceases between or on the hours of 11.00 pm and 7.00 am shall not be eligible to claim this reinbursement.
(ii) The provisions of this subclause shall only be applied to officers living and working within a radius of 50km of the Perth City Railway Station.
(3) Hours of Duty and Rosters
(a) An officer engaged on shifts shall work a 75-hour fortnight, exclusive of meal intervals, on the basis of not more than ten (10) shifts per fortnight of not more than seven and one half hours duration. Provided that where agreement is reached between the employer and the Association the length and/or number of shifts worked per fortnight may be altered.
Provided that when the agreed length of a shift is extended past seven and one half hours, overtime shall be payable only for time worked in excess of the rostered shift.
Provided also that whenever an agreed alteration to the number of hours per shift has occurred then the allowance per shift shall be varied on a pro rata basis to reflect any variation to other than seven and one half (7½) hours.
(b) Meal breaks shall be for a period of at least thirty (30) minutes, but not greater than one hour for each meal.
(c) Officers may be rostered to work on any of the seven days of the week provided that no officer shall be rostered for more than six (6) consecutive days.
Provided that where agreement is reached between the employer and the Association, shift workers may be exempted from this provision.
(d) The roster period shall commence at the beginning of a pay period and continue for fourteen (14) consecutive days. Rosters shall be available to officers at least five (5) clear working days prior to the commencement of the roster.
(e) A roster may only be altered on account of a contingency, which the employer could not have been reasonably expected to foresee. When a roster is altered, the officer concerned shall be notified of the changed shift 24 hours before the changed shift commences. Provided that where such notice is not given, the officer shall be paid overtime in accordance with Clause 22. - Overtime Allowance of this Award, for the duration of the changed shift. This provision shall not apply to an officer who was absent from duty on the officer's last rostered shift.
(f) An officer shall not be rostered for duty until at least ten (10) hours have elapsed from the time the officer's previous rostered shift ended. Provided that where agreement is reached between the Association and the employer the ten (10) hour break may be reduced to accommodate special shift arrangements, except that under no circumstances shall such an agreement provide for a break of less than 8 hours.
(g) An officer shall not be retained permanently on one shift unless the officer so elects in writing.
(h) Officers shall be allowed to exchange shifts or days off with other officers provided the approval of the employer has been obtained and provided further that any excess hours worked shall not involve the payment of overtime.
(i) No officer shall be on out of hours contact after the last working day preceding a period of annual leave or long service leave.
