AP787043 - Liquefied Petroleum Gas Industry Award 1998
28. ORDINARY HOURS OF WORK – SHIFT WORKERS
28.1 Definitions
28.1.1 “Shift Work” means work performed either in daily recurrent periods wholly or partly between the hours of 6.00pm and 6.00am or in regular rotating periods.
28.1.2 “Afternoon Shift” means any shift finishing after 6.00pm and at or before midnight.
28.1.3 “Day Work” means any work performed in daily periods wholly between the hours of 6.00am and 6.00pm.
28.1.4 “Night Shift” means any shift finishing subsequent to midnight, and at or before 8.00am.
28.1.5 “Permanently Working”. An employee will be deemed to be and to have been “permanently working” an afternoon shift or night shift or combination of afternoon and night shifts if
28.1.5(a) the employee works on an afternoon or night shift or combination of such shifts without rotating or alternating with another shift or with day work, so as to give at least one- third of their working time off that afternoon or night shift or combination of such shifts in each shift cycle; or
28.1.5(b) the employee remains on an afternoon or night shift only, or a combination of afternoon and night shifts, for a longer period than 4 consecutive weeks; or
28.1.5(c) the employee is specifically engaged to work on an afternoon or night shift only, or on a combination of afternoon and night shifts only.
28.1.6 “Continuous Work” means work carried on with consecutive shifts of persons 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. “Non-continuous shift work means shift work other than continuous shift work as defined.
28.2 Day Continuous Shift Work
28.2.1 Shift work will be arranged to provide for an average of 38 ordinary hours of work per week over the span of the shift cycle.
28.2.2 In the arrangement of rosters for 5-day continuous shift workers the following provisions will apply:-
28.2.2(a) shifts will be of 8 hours duration
28.2.2(b) days off will be rostered off progressively over shift cycles and not accumulated to run consecutively with annual leave. Such days off will be calculated on the basis of time actually worked.
28.2.3 Shift workers will be paid for time worked calculated in accordance with their shift rosters.
28.2.4 Except at the regular changeover of shifts, an employee will not be required to work more than one shift in each 24 hours.
28.2.5 Twenty minutes will be allowed to shift workers each shift for crib, which will be counted as time worked.
28.3 Day Non-Continuous Shift Work
28.3.1 Shift work will be arranged to provide for an average of 38 ordinary hours of work per week over the span of the shift cycle provided that the ordinary hours of any one shift will not be more than 8 hours. Provided further that by agreement between an employer and the majority of employees concerned, different limitations or ordinary hours may be made to meet domestic shift rosters.
28.3.2 Days off will be rostered off progressively over shift cycles and not accumulated to run consecutively with annual leave. Such days off will be calculated on the basis of time actually worked.
28.3.3 Shift workers will be paid for time worked calculated in accordance with their shift rosters.
28.4 Day Continuous Shift Work
28.4.1 Shift work will be arranged to provide for an average of 38 ordinary hours of work per week over the span of the shift cycle.
28.4.2 In the arrangement of rosters for 7-day continuous shift workers the following provisions will apply:
28.4.2(a) shifts will be of 8 hours duration
28.4.2(b) days off will be rostered off progressively over shift cycles and not accumulated to run consecutively with annual leave. Such days off will be calculated on the basis of time actually worked.
28.5 Hours - Other Than Continuous Work
28.5.1 This subclause will apply to shift workers not performing continuous work as previously defined. The ordinary hours of such shift work will be arranged to provide for an average of 38 ordinary hours per week.
28.5.2 Ordinary hours will be worked continuously, except for meal breaks at the discretion of the employer. An employee will not be required to work for more than 5 hours without a break for a meal.
28.5.3 Except at regular changeover of shifts, or where a rostered shift worker does not present for a shift, an employee will not be required to work more than one shift in each 24 hours.
28.6 Shift Allowances
28.6.1 For the ordinary hours of shift, shift workers will be paid the following extra percentages of the rate prescribed for their respective classifications:
Shift |
Percentage |
Afternoon or night shift Monday to Sunday inclusive (other than shifts referred to hereunder |
15 |
Permanently working afternoon shift |
20 |
Permanently working night shift |
30 |
Permanently working alternate shifts: |
|
- when on afternoon shift
|
20
|
Any other shift (other than day work) |
10 |
28.7 Saturday Work
For the ordinary shift hours worked between midnight on Friday and midnight on Saturday the rates of pay prescribed by clause 5.2 of the award will be increased by 50%, being in substitution for the shift premiums prescribed in subclause 6.2.6 hereof.
28.8 Sunday Work
For ordinary shift hours worked between midnight on Saturday and midnight on Sunday, the rates of pay prescribed by clause 5.2 of the award will be increased by 100%, being in substitution for the shift premiums prescribed in subclause 6.2.6 hereof.
28.9 Rate When Shift Extends Beyond Midnight
Notwithstanding anything herein contained, each shift will be paid for at the rate applicable to the day on which the major proportion of the shift is worked.
28.10 Crib Time
All shifts of more than four hours will include a paid crib time of 20 minutes, to be taken at a time convenient to the work in hand. Provided that no employee will be called upon to work a greater period than 5 hours without a crib time.
28.11 Work on a Rostered Day Off
A shift worker who is rostered to work regularly on Sundays and holidays as part of ordinary hours, will be paid at the rate of double time for all work performed on a rostered day off.
28.12 Rostered Day Off Falling on a Holiday
An employee whose rostered day off falls on a holiday on Monday to Friday as provided for in clause 7.4 and who is not required to work will receive either 8 hours ordinary time rate in addition to their weekly wage or a day off in lieu at a mutually agreed time.
28.13 Lack of Public Transport
[28.13.1 varied by PR933674 PR948399 PR959011 PR975461 PR979350; PR983397 ppc 01Oct08]
28.13.1 An employee who works a rostered shift, the ordinary hours of which extend beyond midnight and finish when reasonable means of public transport are not readily available, will be paid an allowance of $8.75 for each such shift. This allowance will be payable only in circumstances where public transport normally available during the day and evening hours is not available after midnight. The provisions of this subclause will have no application in centres where public transport does not exist.
28.13.2 The provisions of subclause 6.2.13(a) hereof will not apply where the employer provides transport for the employee.
28.14 Transfer to Existing Shift Rosters
48 hours' notice of any change of shift will be given to an employee. If this period of notice is not given, overtime rates will be paid for work done outside the ordinary shift hours within 48 hours of the time the employee is notified of the change.
28.15 Delivery Shifts
The ordinary hours of shift workers engaged on deliveries will be worked in 5 days Monday to Friday inclusive, provided that a shift commenced before midnight Friday and extending into Saturday will be deemed to be worked within this period from Monday to Friday. This subclause will have no effect in regard to bridging operations or transfers of stock.
28.16 Variations of Rosters
The method of working shifts and the time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the employees to suit the circumstances of the establishment, or in the absence of agreement by 7 days' notice of alteration given by the employer to the employee.
28.17 Overtime
28.17.1 For all time worked in excess of or outside the ordinary working hours prescribed by this award shift workers will be paid:
28.17.1(a) If employed on seven-day shift work, ie employees working rostered shifts necessitating regular rostered Sunday and holiday work as part of their ordinary hours, at the rate of double time;
or
28.17.1(b) if employed on other shift work -
28.17.1(b)(i) at the rate of double time on Sundays;
28.17.1(b)(ii) at the rate of time and a half for the first two hours and double time thereafter, on all other days except in each case when the time is worked:
28.17.1(b)(ii)(A) at the rate of double time on Sundays;
28.17.1(b)(ii)(B) for the purpose of effecting the customary rotation of shifts.
28.17.2 Where a relief person is unable to attend for duty they will wherever practicable give at least eight hours' notice of their inability to attend. All overtime will be paid on the weekly rate of wage that the employee is being paid. Provided that the weekly rate will not be deemed to include any shift allowance prescribed in this award.
28.17.3 Provided however a seven-day shift worker will not be paid for overtime worked at any time at a lesser rate than is payable to an employee performing their normal shift at such time.
[28.17.4 inserted by PR939461 ppc 18Sep03]
28.17.4 Subject to clause 28.17.4 (i) an employer may require an employee to work reasonable overtime at overtime rates. Such overtime will not exceed 16 hours in any one week unless there is agreement between the employer and the employees.
28.17.4(i) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable with regard to:
28.17.4 (i) (a) any risk to employee health and safety;
28.17.4(i)(b) the employees personal circumstances including any family responsibilities;
28.17.4(i)(c) the needs of the workplace or enterprise;
28.17.4(i)(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
28.17.4(i)(e) any other relevant matter.
28.18 Cancellation of Overtime - Shift Workers
28.18.1 If notice cancelling a previous instruction to work overtime is given to an employee before leaving the workplace, a penalty payment will not be payable.
28.18.2 If notice cancelling the instruction is sent or telephoned to the employee's registered address before he/she would normally have left to commence work, he/she will be paid a minimum of:
28.18.2(a) two hours at ordinary-time rate in the case of overtime scheduled for a day on which the employee is rostered to work an ordinary shift, and
28.18.2(b) four hours at ordinary-time rate in the case of overtime scheduled on a day on which the employee is not rostered to work an ordinary shift.
Provided that an additional penalty will not be payable if the employee is not at their registered address when notice of cancellation is delivered or telephoned and the employee subsequently reports for work.
28.18.2(c) If notice of cancellation provided in subclause 6.2.18(b) hereof is not delivered or telephoned to the employee's registered address at least an hour before he/she would normally leave to commence work and the employee would normally be expected to partake of a meal at the work place during the period of overtime now cancelled, he/she will be entitled to a meal allowance of $10.40.
28.18.2(d) For the purpose of this clause “registered address” means the address recorded by the employer.
28.19 Call-in for Early Start
A seven day shift worker who, not having been notified before leaving their employer's business premises is called in to start work at a time less than four hours before the commencing time of their ordinary hours of work will for the first four hours from the time the employee commenced work outside the shift until the starting time of the shift be paid at the rate of double time. Thereafter the employee will revert to their ordinary shift rate.
28.20 Travelling Time - Call Ins
A shift worker who is contacted on any day of the week at home and responds to a call-in to work involving an additional trip to and from the workplace will be paid one hour at ordinary-time rate of pay for travelling time, irrespective of the distance travelled.
28.21 Christmas Day - Shift Workers
28.21.1 When 25 December falls on a Saturday or Sunday and a substitute day is proclaimed to be observed as the holiday, the following will apply:
28.21.1(a) Work on 25 December will attract the public holiday penalty and, where the employee also works on the substitute day, no penalty will apply. This only applies to work actually performed on 25 December and the substitute day will only be observed for purposes of payment on rostered days off.
