AN170026 – Disability Service Providers Award

AN170026 – Disability Service Providers Award

9. SHIFT WORK, SHIFT PENALTY RATES AND ROSTERS

(a) Shift Penalty Rates

An employee whilst on afternoon or night shift (as defined) shall be paid 15 per cent more than the ordinary rate.

(b) Broken Shifts (as defined)

(i) Restrictions

A broken shift (as defined) shall not be worked outside the hours of 6.00am and 10.00pm and the break between the two shifts shall not exceed four hours or such period as agreed to by the employer, employee and representative of the appropriate union.

(ii) Excess Fares

An employee working a broken shift (as defined) shall be paid an excess fares allowance of $2.59.

(i) Rotating rosters shall provide that a shift worker regularly rotates between day, afternoon and night work or any two combinations of them subject to the following requirements:

(1) an employee shall not be required to work on night shift (as defined) for more than four weeks; and

(2) an employee shall not be required to work more than two thirds of their working time on night shifts (as defined); and

(3) otherwise than by agreement being reached between the employer and the majority of employees concerned, the daily hours of afternoon or night shifts (as defined) allocated to each employee at any one time, shall continue for at least five successive afternoons or nights.

(ii) A rotating roster of shift work shall apply unless:

(1) the employer and the majority of employees concerned otherwise agree;

(2) the employer directs the employee/s concerned to work in accordance with a non-rotating shift roster.

(iii) Where the employer and the majority of employees concerned have agreed to work a non-rotating shift roster such arrangement shall continue unless the employer and the majority of employees concerned otherwise agree.

(d) Shift Rosters-General

(i) A shift roster established in accordance with this subclause shall be documented setting out clearly the names of the rostered employees and the days, dates and hours during which each employee is required to attend for duty.

(ii) A shift roster, rotating or otherwise, shall:

(1) not require an employee to work more than eight hours, other than overtime, each day unless agreement is otherwise reached in accordance with Part V – Hours of Work, Penalty Payments, Shift Work and Overtime, Clause 2 – Hours of Work;

(2) provide for a system of scheduled days off in accordance with Part V – Hours of Work, Penalty Payments, Shift Work and Overtime, Clause 8 - Scheduled Days Off;

(3) shall not be implemented or changed until after the expiration of four weeks notice or in the case of an individual employee after the expiration of one weeks notice of such change or the payment of one weeks pay in lieu of notice in accordance with the employees previous roster (as defined).

PROVIDED that such notice or payment in lieu of notice shall not apply in an emergency situation where agreement is reached between the employer and employee concerned.

(4) An employee who is working in accordance with a rotating shift roster, and unless otherwise agreed between the employer and employee concerned, is directed by the employer to work on a non-rotating shift roster, such employee shall be paid 30 per cent more than the ordinary rate for the whole period so worked. The payment of this penalty shall be in substitution and not cumulative upon penalty rates prescribed elsewhere in this clause.