AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
For the purpose of this clause:
23.1.1 Rostered shift means any shift of which the employee concerned has had at least 48 hours notice.
23.1.2 Afternoon shift means any shift finishing after 6.00pm and at or before midnight.
23.1.3 Night shift means any shift finishing subsequent to midnight and at or before 8.00am
23.1.4 Continuous work means work carried on with consecutive shifts throughout the twenty four hours of each of at least five consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
23.1.5 Day shift (In South Australia only) means a shift of 8 hours inclusive of crib time, commencing from 7.00 am or finishing at 6.00 pm, worked by an employee who is engaged on continuous shift work as defined herein.
23.2 Hours - continuous shift work
23.2.1 This subclause shall only apply to shift workers on continuous work as hereinbefore defined.
23.2.2 The weekly ordinary hours of such shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.
23.2.3 Subject to the following conditions, such shift workers shall work at such times as the employer may require:
23.2.3(i) a shift shall consist of not more than eight hours, inclusive of crib time. Provided that by mutual agreement between the employer and an employee or majority of employees concerned a shift can consist of up to 12 hours;
23.2.3(ii) except at the regular change over of shifts an employee shall not be required to work more than one shift in each 24 hours;
23.2.3(iii) twenty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked;
23.2.3(iv) an employee shall not be required to work for more than 5 hours without a break for a meal.
23.3 Hours – other than continuous work
23.3.1 This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.
23.3.2 The weekly ordinary hours of work shall be an average of 38 per week, to be worked in one of the following shift cycles;
23.3.2(a) 38 hours within a period not exceeding 7 consecutive calendar days; or
23.3.2(b) 76 hours within a period not exceeding 14 consecutive calendar days; or
23.3.2(c) 114 hours within a period not exceeding 22 consecutive calendar days; or
23.3.2(d) 152 hours within a period not exceeding 28 consecutive days.
23.3.3 Subject to the following conditions, such shift workers shall work at such times as the employer may require:
23.3.3(a) A shift shall not exceed 8 hours of ordinary time work inclusive of crib time. Provided that by mutual agreement between the employer and an employee or majority of employees concerned a shift can consist of up to 12 hours.
23.3.3(b) Such ordinary hours shall be worked continuously except for crib time at the discretion of the employer.
23.3.3(c) Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.
23.3.3(d) An employee shall not be required to work for more than 5 hours without a break for crib time.
[23.4 varied by Q9130 ppc 30Jun98]
A shift roster shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
23.4.1 Variation of shift rosters
23.4.1(a) 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.
23.4.1(b) The time of commencing and finishing shifts once determined may be varied by agreement between the employer and the accredited representative of the Union to suite the circumstances of the establishment or in the absence of agreement by seven days notice of alteration given by the employer to the employees.
23.5.1 An employee whilst on afternoon or night shift shall be paid for such shift 15% more than the employee’s ordinary rate, or 25% in the Australian Capital Territory.
23.5.2 An employee who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights shall be paid for such shift time and a half for the first three hours thereof and double time thereafter (except in Victoria where it is time and one half for the first two hours and double time thereafter).
23.5.3 An employee who:
23.5.3(a) During a period of engagement on shift, works nights only; or
23.5.3(b) Remains on night shift for a longer period that four consecutive weeks; or
23.5.3(c) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of his or her working time off night shift in each shift cycle.
Shall, during such engagement, period or cycle, be paid 30% more than his or her ordinary rate for all time worked during ordinary working hours on such night shift.
23.6 Rate for working on Saturday shifts
The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. The extra rate is in substitution for and not cumulative upon the shift premiums prescribed in 23.5 hereof.
23.7 Rate for working on a Sunday and public holiday shifts
23.7.1 The rate at which continuous shift workers are to be paid for work on a rostered shift, the major portion of which is performed on a Sunday or public holiday, is double time.
23.7.2 The rate at which shift workers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:
23.7.2(a) Sundays - at the rate of double time.
23.7.2(b) Public holidays - at the rate of double time and a half.
23.7.3 Where shifts commence between 11.00pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday shall be regarded as time worked on the Sunday or public holiday.
23.7.4 Where shifts fall partly on a holiday, the shift that has the major portion falling on the public holiday shall be regarded as the holiday shift.
23.7.5 The extra rates in this subclause are in substitution for and not cumulative upon the shift premiums prescribed in 23.5 hereof.
23.8.1 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, a shift worker shall be paid:
23.8.1(a) If employed on continuous work be paid at the rate of double time; or
23.8.1(b) If employed on other shift work at the rate of time and a half for the first two hours and double time thereafter.
23.8.2 Except in each case where the time is worked:
23.8.2(a) by arrangement between the employees themselves;
23.8.2(b) for the purpose of effecting customary rotation on shifts; or
23.8.2(c) 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 clause 13.11 of this award. Provided that when not less than eight hours notice has been given to the employer by a relief worker that the employee will be absent from work and the employee whom the employee should relieve is not relieved and is required to continue to work on the employee’s rostered day off the unrelieved employee shall be paid double time.
23.8.3 Such extra rates shall be in substitution for an not cumulative upon the shift premiums.
23.9 Rest period after shift work
23.9.1 A shift worker, when going on shift, changing shift or returning to day work shall have at least 10 consecutive hours off duty on completion of the day work, shift and any overtime and shall not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances for any such off duty period.
23.9.2 Provided that, if on the instructions of the employer, such an employee resumes or continues to work without having had such 10 consecutive hours off duty, the employee shall be paid at double time rates until released from duty and shall then be entitled to 10 hours off duty and shall not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances, for any such off duty period.
23.10.1 Notwithstanding anything contained elsewhere in this award, in any area where by reason of the Legislation of a State summer time is prescribed as being in advance of the Standard time of that State the length of any shift:
23.10.1(a) commencing on or before the time prescribed by the relevant legislation for the commencement of a summer time period; and
23.10.1(b) commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock and each case to be set to the time fixed pursuant to the relevant State legislation.
23.10.2 In this subclause the expression standard time and summer time shall bear the same meanings as are prescribed by the relevant State legislation.
