Airservices Australia Award 2000
AP767005 - Airservices Australia Award 2000
31. SHIFT DUTY AND PENALTY PAYMENTS
31.1 A shift is the ordinary hours that an employee is rostered to attend for duty on any day.
31.2 Shiftwork does not include single shifts commencing at or after 6.30am or finishing at or before 6.00pm from Monday to Friday inclusive.
31.3 A shiftworker is an employee whose work involves any shift or combination of shifts used in place of ordinary hours of duty.
31.4 Employees may exchange rostered shifts or rostered days off duty provided the arrangements are carried out by mutual agreement between the employees concerned and with the consent of the relevant manager.
31.5 The employer will not pay overtime where excess hours are worked by an employee as a result of an agreed exchange of rostered shifts or rostered hours off.
31.6 An employee who works ordinary duty where part of a shift falls between 6.00pm and 6.30am will be paid an additional 15 % salary for that shift.
31.7 An employee who works ordinary hours on a shift falling wholly within 6.00pm and 8.00am continuously for more than 4 weeks will be paid an additional 30 % of salary for that shift.
31.8 An employee who works ordinary hours on a Saturday will be paid an additional 50 % of salary for that part of the shift which falls on a Saturday.
31.9 An employee who works ordinary hours on a Sunday will be paid an additional 100 % of salary for that part of the shift which falls on a Sunday.
31.10 An employee who works ordinary hours on a public holiday will be paid an additional 150 % of salary for that part of the shift which falls on a public holiday.
31.11 If a public holiday falls on a day the employee is rostered off, the employee will gain an additional day’s leave to substitute for the missed public holiday. Where it is not practical to grant the day’s leave within a month of the public holiday, the employee will receive an additional day’s pay at the ordinary rate.
31.12 An employee who performs duty when rostered off will be paid under overtime provisions set out in 27 - Overtime.
31.13 The additional payment prescribed by this clause will not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor will it be paid for any shift for which any other form of penalty payment is made.
31.14 The employer will pay the additional payment up to the nearest quarter of an hour of the period worked each fortnightly period.
31.15 The employee will continue to receive payment for shift penalties while on annual leave.
31.16 When an introduction of shiftwork or a change in rostered hours is being considered, Airservices will consult with the employees concerned and the relevant staff organisation representatives.
31.17 Employees must be given at least seven days’ notice of changes to their rostered hours of duty, except in the case of an employee who is required to change shift in order to replace another employee who is absent on sick or other leave and who did not give Airservices seven days notice of his/her absence.
31.18 Where seven days notice is not given, ordinary duty outside the employee’s normal rostered hours of duty will be paid at the appropriate overtime penalty rate and work done within the normal rostered hours of duty paid at the ordinary rate, including appropriate shift duty penalty payments if applicable. The overtime penalty rate is in substitution for any other payment which would otherwise apply to that portion of the work which falls outside the normal rostered shift. Payment of penalty rates on this basis should be continued for each changed shift until employees have received seven days notice of change of shift.
31.19 Local arrangements may be agreed for an employee to exchange a rostered shift or paid day off with another employee, provided that the arrangements are carried out by mutual agreement between the employees concerned and with the consent of the employer. Any excess hours worked as a result of the exchange of rostered shifts or rostered hours off duty or performance of duty for another employee, will not involve Airservices Australia in overtime payment.
31.20 The length of the normal shift may be within the range of six to ten hours. Shifts in excess of eight hours will only be rostered in accordance with the facilitative provision of 10.4.2.
31.21 In the event that a rostered shift is changed without the employee affected having seven days notice, payment at the appropriate overtime rate will be made for any period falling outside the rostered shift.
