AN170120 – Metal and Engineering Industry Award
(a) Definitions
For the purposes of this clause:
‘Afternoon shift’ means any shift finishing after 6.00 pm and at or before midnight.
‘Continuous work’ means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
‘Night shift’ means any shift finishing subsequent to midnight and at or before 8.00 am.
‘Rostered shift’ means a shift of which the employee concerned has had at least 48 hours notice.
(b) Hours - Continuous Work Shifts
This subclause shall apply to shift workers on continuous work as herein before defined. The ordinary hours of shift workers shall average 38 per week inclusive of rest periods and shall not exceed 152 hours in 28 consecutive days.
PROVIDED that where the employer and the majority of employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds 28 consecutive days. Subject to the following conditions, such shift workers shall work at such times as the employer may require.
PROVIDED FURTHER that:
(i) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the work section or sections concerned; and
(ii) by agreement between an employer, the union or unions concerned and the majority of employees in the work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
(1) the employer and the employees concerned being guided by the occupational health and safety provisions of the Australian Council of Trade Unions Code of Conduct on 12-hour shifts;
(2) proper health and monitoring procedures being introduced;
(3) suitable roster arrangements being made; and
(4) proper supervision being provided;
(iii) except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours;
(iv) a minimum of 20 minutes shall be allowed to shift workers each shift for a rest period, which shall be counted as time worked.
(c) Hours - Other than Continuous Shift Work
This subclause shall apply to shift workers not upon continuous work as herein before defined. The ordinary hours of work shall be an average of 38 hours per week to be worked on one of the following bases:
(i) 38 hours within a period not exceeding seven consecutive days; or
(ii) 76 hours within a period not exceeding 14 consecutive days; or
(iii) 114 hours within a period not exceeding 21 consecutive days; or
(iv) 152 hours within a period not exceeding 28 consecutive days.
The ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours.
PROVIDED that:
(i) the ordinary hours of work prescribed herein shall not exceed ten hours on any day;
(ii) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any shift the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the work or sections concerned; and
(iii) by agreement between an employer, the union or unions concerned and the majority of employees in the work section or sections concerned, ordinary hours not exceeding 12 on any day may be worked subject to:
(1) the employer and the employees concerned being guided by the occupational health and safety provisions of the Australian Council of Trade Unions Code of Conduct on 12-hour shifts;
(2) proper health and monitoring procedures being introduced;
(3) suitable roster arrangements being made;
(4) proper supervision being provided.
(d) Rosters
Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
(e) Variation by Agreement
The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.
The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or in the absence of agreement by seven days' notice of alteration given by the employer to the employees.
(f) Afternoon or Night Shift Allowance
Shift workers whilst on afternoon or night shifts shall be paid 15 percent more than the ordinary rates for such shifts.
Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights in a five day workshop or for at least six successive afternoons or nights in a six day workshop shall be paid for each shift at the rate of time and a half for the first four hours and double time thereafter.
An employee who:
(i) during a period of engagement on shift, works night shift only; or
(ii) remains on night shift for a longer period than four consecutive 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 them at least one-third of their working time off night shift in each shift cycle,
shall during such engagement, period or cycle, be paid at the rate of time and a quarter for all time worked during ordinary working hours on such night shifts.
(g) The minimum rate to be paid to any shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in the first and second paragraphs of subclause (f) hereof.
(h) Overtime
Shift workers, for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:
(i) if employed on continuous work be paid at the rate of double time; or
(ii) if employed on other shift work be paid at the rate of time and a half for the first three hours and double time thereafter, except in each case when the time is worked:
(1) by arrangement between the employees themselves; or
(2) for the purpose of effecting the customary rotation of shifts; or
(3) is due to the fact that the relief person does not come on duty at the proper time; or
(4) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with Part II - EMPLOYMENT RELATIONSHIP AND ASSOCIATED MATTERS, Clause 1 - Contract of Employment, subclause (b) hereof.
PROVIDED that when not less than one full shift's notice has been given to the employer by the relief person that will be absent from work and the employee who should have been relieved is not relieved, the unrelieved employee shall be paid at the rate of time and a half for the first three hours on duty after the employee had finished their ordinary shift and at the rate of double time thereafter, except where the employee is required to continue to work on their rostered day off when the employee shall be paid double time.
(i) Sundays and Holidays with Pay
Shift workers on continuous shifts for work carried out on a rostered shift the major portion of which is performed on a Sunday or holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay shall be paid at the rate of time and a half.
Shift workers on other than continuous work for all time worked on a Sunday or holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay shall be paid at the rates prescribed by Part V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME, Clause 3 - Holidays with Pay and Sunday Work. Where shifts commence between 11.00 pm and midnight on a Sunday or holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate as prescribed in Part V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME, Clause 3 - Holidays with Pay and Sunday Work.
PROVIDED that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay and extending into a Sunday or holiday with pay shall be regarded as time worked on such Sunday or holiday with pay.
(j) Rostered Day Off Falling on a Holiday with Pay
(i) An employee who works continuous shift work and who by the circumstances of the arrangement of their ordinary hours of work is entitled to a rostered day off which falls on a holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay prescribed by this clause shall, at the discretion of the employer be paid seven hours 36 minutes at ordinary rates or have an additional day added to the employees' annual leave. This provision shall not apply when the holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay on which the employee is rostered off falls on a Saturday or Sunday.
(ii) In the case of an employee whose ordinary hours of work are arranged in accordance with Part V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME, Clause 1 - Hours of Work, the weekday to be taken off shall not coincide with a holiday with pay fixed in accordance with Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay hereof.
PROVIDED that in the event that a holiday with pay as prescribed in Part VI - LEAVE AND HOLIDAYS WITH PAY, Clause 6 - Holidays with Pay is prescribed after an employee has been given notice of their weekday off in accordance with Part V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME, Clause 1 - Hours of Work, and the public holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take the day off on an alternative weekday.
