AP795978 - Space Tracking Industry Award 1998

22. SPECIAL PROVISIONS FOR SHIFTWORKERS

22.1 Definitions

For the purposes of this award:

• Day shift means any shift starting at or after 6.00 a.m. (except for Jindalee project Facilities were it will be 7.00 a.m.) and finishing not later than 6.00 p.m.
• Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.
• Night shift means any shift finishing subsequent to midnight and at or before 8.00 a.m.
• Rostered shift means any shift of which the employee concerned has had at least 48 hour notice.
• Early morning shift means any shift commencing between midnight and 5.00 a.m.
• Morning shift means any shift commencing after 5.00 a.m. and before 6.00 a.m.
• Continuous work means work carried on with continuous shift of men throughout the 24 hours of each of at least six consecutive days without interruption except during the control of the employer.
• Week means that the seven day period adopted by the employer as the pay week. 14, 21 or 28 consecutive days means a period of two, three or four consecutive pay weeks.

By agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered.

22.2 Shift allowances

22.2.1 For any afternoon or morning shift worked on other than a Saturday, Sunday or holiday, in addition to their ordinary rates be paid an amount equal to fifteen percent of their ordinary rate for such shift;

22.2.2 For any night or early morning shift worked on other than a Saturday, Sunday or holiday, in addition to their ordinary rates be paid an amount equal to twenty percent of their ordinary rate for such shift;

22.2.3 A shiftworker who works on a shift which does not continue for at least 38 hours whether worked as afternoons or nights will be paid for such shift 50 percent for the first three hours thereof and 100 percent for the remaining hours thereof in addition to their ordinary rate.

22.2.4 The payments prescribed by this clause will stand alone and will not be included for any other purpose in this award.

22.3 Rosters

22.3.1 Subject to the exceptions hereinafter provided shift rosters will specify the commencing and finishing time of ordinary working hours of the respective shifts.

22.3.2 The method of working shifts will be determined by the employer who will post a copy of the roster in a conspicuous place accessible to the employees.

22.3.3 The time of commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and employees concerned or by seven days notice given by the employer to the employees.

23.3.4 In recognition of the emergencies and contingencies of space tracing activities and notwithstanding the provisions of this subclause an employer may vary the starting and finishing times of day workers required to work shifts by the giving of 24 hours notice to such employees.

22.3.5 Subject to the provisions of this clause, except to meet an emergency arising out of the illness or absence of an employee the published roster will not be departed from without at least 24 hours notice being given to each of the employees concerned.

22.3.6 At the decision of the employer, employees may be permitted to exchange shifts, or days off, or to perform duty for another employee provided that the employer will not be involved in any additional payment as the result of any such permission being granted.

22.4 Rate for working Saturday shifts

The minimum rate to be paid to a shift worker for work performed during ordinary hours between midnight on Friday and midnight on Saturday will be time and one half. Such extra rate will be in substitution for and not cumulative upon the allowance prescribed by 22.2 of this award.

22.5 Rate for working on Sunday and public holiday shifts

22.5.1 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.

22.5.2 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:

22.5.2(a) Sundays - at the rate of double time

22.5.2(b) Public Holidays - at the rate of double time and a half.

22.5.3 Where shifts commence between 11.00 p.m. 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 and extending into the Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.

22.5.4 Where shifts fall partly on a holiday, the shift which has the major portion falling on the public holiday will be regarded as the holiday shift.

22.5.5 By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the holiday shift in lieu of the above.

22.5.6 The extra rates in this clause are in substitution for and not cumulative upon the shift premiums prescribed in 22.2.