AN170010 – Building and Construction Industry Award
Where it is necessary that work is performed in shifts the following conditions shall apply.
(a) For the purposes of this clause:
‘Afternoon shift’ means a shift finishing at or after 9.00pm and at or before 11.00pm.
‘Night shift’ means a shift finishing after 11.00pm and at or before 7.00am.
‘Morning shift’ means a shift finishing after 12.30pm and at or before 2.00pm.
‘Early afternoon shift’ means a shift finishing after 7.00pm and before 9.00pm.
(b) PROVIDED that the employee is employed continuously (inclusive of public holidays) for five shifts Monday to Friday, the following rates shall apply:
(i) Afternoon and night shift - ordinary time plus 50 percent.
(ii) Morning and early afternoon shifts - ordinary time plus 25 percent.
(c) In the case of broken shifts (i.e. less than five consecutive shifts Monday to Friday) the rates prescribed shall be - ordinary time plus 50 percent for the first two hours and double ordinary time rates thereafter.
PROVIDED that where a job finishes after proceeding on shift work for more than five consecutive days or the employee terminates the employee’s services during the week, the employee shall be paid at the rate specified in subclause (b) hereof for the time actually worked.
(d) The ordinary hours of both afternoon and night shift shall be eight hours daily inclusive of meal breaks. PROVIDED that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of 20 minutes duration shall be allowed on each shift, and shall be paid for as though worked. Such crib time shall be in lieu of any other rest period or cessation of work elsewhere prescribed by this award.
(e) For the purpose of this clause an employee shall not be required to work for more than five hours without a meal break.
(f) An employee shall be given at least 48 hours’ notice of the requirements to work shift work.
(g) The hours for shift workers, when fixed, shall not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration shall be given to the employee not later than ceasing time of the previous day shift.
(h) For all work performed on a Saturday or Sunday, the normal rates of pay applicable to weekend overtime shall apply. Provided that an ordinary night shift commencing before and extending beyond midnight Friday, shall be regarded as a Friday shift.
(i) All work in excess of shift hours, Monday to Friday, other then holidays shall be paid for at double time based on the ordinary rates of pay (excluding shift rates).
(j) The provisions of this award relating to hours of work and leave shall apply to employees working shift work.
(k) In lieu of the provisions of subclause (b) hereof, an employee engaged on shiftwork on a civil construction and maintenance project shall, for working ordinary hours, be paid the following shift allowances:
(i) whilst on afternoon or night shift other than on a Saturday, Sunday or holiday, 15 percent more than the employee's ordinary rate;
(ii) whilst on permanent night shift, 30 percent more than the employee's ordinary rate for all time worked during ordinary working hours on such night shift;
(l) For the purposes of paragraph (k)(ii) hereof, ‘permanent night shift’ means a shift worked by an employee who (except at his or her own request):
(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 the employee at least one third of his/her working time off night shift in each cycle.
