AP784988CRV - Insurance Industry Award 1998
[21 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 12 hour shifts subject to the conditions contained in this clause.
21.1 Shift definitions
21.1.1 Day shift means any shift of 12 hours finishing after 12.00 midday and at or before 8 pm;
21.1.2 Night shift means any shift of 12 hours finishing after 12.00 midnight and at or before 8 am;
21.2 Twelve hour shift allowances
For work performed during ordinary hours on 12 hour shifts defined in paragraph 15A.l the following rates of pay must apply:
21.2(a) Day shift - ordinary rates of pay plus 20 per cent
21.2(b) Night shift - ordinary rates of pay plus 30 per cent
21.3 Averaging pay
By agreement between the employer and the majority of the employees employed on 12 hour shifts a pay system may be introduced which “averages” pays over the period of the roster and takes into account all penalty rates an employee would have received including for public holidays.
21.4 Saturdays, Sundays and public holidays
21.4.1 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.
21.4.2 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.
21.5 Hours of duty
The ordinary hours of duty must not exceed
21.5.1 12 hours per shift; or
21.5.2 an average 38 hours in any roster cycle
21.5.3 No more than two night shifts may be rostered to be worked in succession.
21.5.4 There must be at least a 12 hour interval between the finish of a rostered shift and the commencement of the next shift.
21.5.5 An employee must not be required to work more than 4 hours without a meal or rest break of at least 30 minutes. Such meal or rest breaks must count as time worked.
21.5.6 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.
21.5.7 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.
21.5.8 Pager allowance
[21.5.8 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.
21.5.9 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.
21.5.10 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.
21.5.11 Daylight saving
Despite anything contained elsewhere in this clause in any area where State summer time has been introduced by legislation which is in advance of State standard time, the length of a shift will be determined by the adjusted time on the clock.
21.5.11(a) 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
21.5.11(b) 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.
21.5.11(c) The expressions “standard time” and “summer time” have the same meaning as prescribed in the relevant legislation
21.6 Overtime
21.6.1 An employee working on 12 hour shifts must not be required to work overtime, other than in the exceptional circumstance of a relief operator being unavailable in which case a maximum of two hours overtime may be worked.
21.6.2 Subject to 21.6.1
21.6.2(a) Overtime will be paid for only if worked at the direction of the employer.
21.6.2(b) No overtime need be paid to any employee whose job is graded at grade 6 or above.
21.6.2(c) Subject to 21.6.2(b) an employee must be paid overtime for time worked in excess of ordinary hours.
21.6.2(c)(i) For work on a Saturday or Sunday - 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.
21.6.2(c)(ii) For work on any other day at the rate of time and one half for the first two hours
