AP784988CRV - Insurance Industry Award 1998
[20 corrected by Q2211 ppc 03Jun98]
Despite anything contained in this award to the contrary an employee who works in an information technology area in the roles defined in 4.3 may be employed on eight hour shifts subject to the conditions contained in this clause.
20.1 Shift definitions
20.1.1 Morning shift means any shift commencing at or after 6.00 a.m. and finishing at or before 4.00 p.m.
20.1.2 Afternoon shift means any shift finishing after 6.00 p.m. and at or before 12.00 midnight.
20.1.3 Night shift means any shift finishing after midnight and at or before 8.00 a.m.
20.1.4 Day shift means any shift commencing at or after 7.00 a.m. and finishing at or before 6.00 p.m.
20.1.5 Rostered shift means a shift of which the employee concerned has had at least seven days' notice in the case of a new roster and at least 48 hours' notice in case of an existing roster.
20.2 Shift allowances
For work performed during ordinary hours on shifts defined in 20.1 between midnight Sunday and midnight Friday the following rates of pay shall apply:
20.2.1 Morning Shift - ordinary rates plus 12 1/2 per cent
20.2.2 Afternoon Shift - ordinary rates plus 20 per cent
20.2.3 Night Shift - ordinary rates plus 25 per cent
20.2.4 Employees working permanently on afternoon or night shift or a combination of afternoon and night shift must be paid the shift allowances prescribed in this subclause for the shift they are working plus an additional allowance of 5 per cent.
20.2.5 Working permanently means:
20.2.5(a) the employee works afternoon shift or night shift or a combination of such shifts without rotating or alternating with another shift or with day work so as to give at least one third of the employee's working time off that afternoon or night shift or combination of such shifts in each shift cycle; or
20.2.5(b) the employee works afternoon or night shifts only, or a combination of afternoon and night shifts, for a longer period than four consecutive weeks;
or
20.2.5(c) the employee is specifically engaged to work on afternoon or night shift only, or a combination of afternoon and night shifts only.
20.2.5(d) No employee will be required to work permanently on afternoon or night shifts or a combination of such shifts
20.2.5(e) However an employer and an employee may agree that the employee may work such shifts on a permanent basis.
20.3 Saturdays, Sundays and public holidays
20.3.1 The rate to be paid to any employee for work performed on a shift the major portion of which falls between midnight on Friday and midnight on Sunday will be double time.
20.3.2 The rate to be paid to an employee for work performed on a shift the major portion of which falls on a public holiday will be ordinary time plus time and a half.
20.4 Hours of duty
The ordinary hours of duty must not exceed:
20.4.1 eight per shift; nor
20.4.2 48 in any one week; nor
20.4.3 88 in fourteen consecutive days; nor
20.4.4 160 in 28 consecutive days.
20.4.5 Conditions which apply in the working of ordinary hours
20.4.5(a) Ordinary hours will be worked continuously except for meal breaks which will count as time worked.
20.4.5(b) An employee must not be required to work during a shift for more than four hours without a meal break of 30 minutes.
20.4.5(c) Except at a regular change-over of shifts an employee must not be required to work more than one shift in each 24 hours.
20.5 Notice
20.5.1 An employer must give at least 48 hours notice of a change to a rostered shift unless occasioned by an emergency or an absence of a shift worker.
20.5.2 If less than 48 hours' notice is given then the employee must be paid at overtime rates.
20.6 Overtime
20.6.1 Overtime will be paid for only if worked by direction of the employer.
20.6.2 No overtime need be paid to any employee whose job is graded at grade 6 or above.
20.6.3 Subject to 20.6.2 an employee must be paid for time worked in excess of the ordinary hours prescribed in 20.4 of this clause as follows:
20.6.3(a) For work on a Saturday, Sunday or rostered day off - at the rate of double time. A minimum payment shall not apply where such work is continuous with the commencement or completion of the employee's ordinary shift.
20.6.3(b) For work on any other day at the rate of time and one half for the first two hours and double thereafter.
20.6.4 Meal break during overtime
20.6.4(a) When an employee is directed to work overtime after finishing an ordinary shift for a period of more than one and one half hours the employee must be allowed a meal break of thirty minutes which will count as time worked for the calculation of the period of overtime,
20.6.4(b) A further meal break for each subsequent 4 hours which will count as time worked for the calculation of the period of overtime.
[20.6.4(c) varied by R6437 S9276 PR908600 PR923272 PR937591 PR951638 PR962257 PR975021 PR978586; PR983698 ppc 01Oct08]
20.6.4(c) In addition, such employee must be paid a meal allowance of $14.00 for each such meal.
20.6.5 Time off between shifts
20.6.5(a) Wherever practicable, overtime must be so arranged that employees have at least ten consecutive hours off duty before being required to start their rostered shifts after working such overtime.
20.6.5(b) An employee who works so much overtime after finishing an ordinary shift and the commencement time of the next ordinary shift that the employee would not have ten consecutive hours off duty must be released from duty until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time during such absence. If on the instruction of an employer such an employee resumes or continues work without having had ten consecutive hours off duty, the employee must be paid at the rate of double time until the employee finishes duty and the employee will then be entitled to be off duty until the employee has had ten consecutive hours off duty
20.6.5(c) Provided that the provisions of the preceding paragraph will not apply when the time is worked by arrangement between employees.
20.8 Call back
If an employee having left an employer's premises is called back after normal finishing time, the employee must be paid overtime rates for all time worked with a minimum payment as for four hours work.
20.9 Standby duty
The employer may direct an employee to remain in readiness for call back outside ordinary hours. Each employer shall invest one or more responsible employees with the authority to direct that an employee shall so remain in readiness. Any such direction shall be in writing. Any such employee so directed shall, until released from that requirement, be paid at ordinary rate of pay for the time the employee is so required to remain in readiness.
20.10 Pager allowance
[20.10 varied by PR937591 PR951638 PR962257 PR975021 PR978586; PR983698 ppc 01Oct08]
Where an employee is required to carry a pager, or similar device, so that he or she is contactable outside ordinary hours an allowance of $20.52 for each night, Monday to Friday, will be paid. Where the employee is required to carry such device on a Saturday, Sunday or a Public Holiday an allowance of $27.37 will be paid for each of these days.
20.11 Rostered day off
Where an employee's rostered day off falls on a public holiday the employee shall be paid an additional day's pay with the exception of the instance where the public holiday itself falls on a Saturday or a Sunday.
20.12 Additional annual leave
Employees regularly rostered to work Sundays and public holidays as part of their ordinary hours must be allowed after twelve months' continuous service one additional week's annual leave.
20.13 Daylight saving
Despite anything contained elsewhere in this clause in any area where State summer time has been introduced by legislation which is I n advance of State standard time, the length of a shift will be determined by the adjusted time on the clock.
20.13.1 A shift commencing before the prescribed time for the commencement of summer time will be shortened by the period of time by which summer time is in advance of standard time; and conversely
20.13.2 A shift commencing on or before the prescribed time for the termination of summer time will be lengthened by the period of time by which summer time was in advance of standard time.
20.13.3 The expressions “standard time” and “summer time” have the same meaning as prescribed in the relevant legislation
