AP818787CRV - Clerks (Road Transport Industry) Award 2002
22.1 General
22.1.1 Shiftwork may be worked where an employee is required to work in direct association with or in conjunction with other employees who are working shiftwork directly connected with the handling of goods in the road transport industry and where the working of shifts by employees is an essential part of the operation.
22.1.2 The provisions of this clause do not apply to the performance of work in or in connection with electronic data processing, which is subject to a separate agreement between the parties.
22.2 Definitions
For the purposes of this award:
22.2.1 Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.
22.2.2 Night shift means any shift finishing after midnight and at or before 8.00 a.m.
22.2.3 Permanent night shift means a night shift which does not rotate with another shift or shifts or day work and which continues for a period of not less than four consecutive weeks.
22.3 Special provisions for working shiftwork
22.3.1 Hours of work
22.3.1(a) Subject to the provisions of 21.3 and 21.5, the ordinary hours of work of shift workers will not exceed an average of 38 per week to be worked in shifts not exceeding eight hours on any of the days of the week Monday to Friday inclusive.
22.3.1(b) Ordinary hours will be worked continuously except for a crib time.
22.3.2 Rosters
22.3.2(a) There will be a shift roster which will provide for rotation unless agreed otherwise between the employer and the majority of shift workers at the enterprise concerned.
22.3.2(b) Shift rosters will specify the commencing time and finishing times of ordinary working hours of the respective shift. A copy of the shift roster will be kept posted in a prominent place.
22.3.2(c) The shift roster will not be altered unless seven days notice is given.
22.3.3 Method of working shifts
The method of working shifts may be varied by agreement between the employer and the majority of employees, to suit the circumstances of the establishment.
22.3.4 Additional payments for ordinary work hours
22.3.4(a) Monday to Friday
A shift worker will for all work done during ordinary hours of any shift be paid in addition to the ordinary rates prescribed by 16.2, the following additional percentages:
Shift |
At the rate of |
Afternoon shift |
17% |
Night shift |
20% |
Permanent night shift |
30% |
22.3.4(b) Saturdays, Sundays and public holidays
22.3.4(b)(i) Employees undertaking shift work (as defined in 22.2) on a Saturday, Sunday or public holiday will be paid in accordance with the relevant provisions in clause 24 - Saturday, Sunday and public holiday rates.
22.3.4(b)(ii) Where ordinary shift hours commence between 11.00 p.m. and midnight on a Sunday or public holiday, the ordinary time worked before midnight will not entitle the shift worker to the Sunday or public holiday rate.
22.3.4(b)(iii) The time worked by a shift worker commencing before midnight on the day preceding a Sunday or public holiday and extending into a Sunday or a public holiday will be regarded as time worked on the Sunday or public holiday.
22.3.4(c) Meal break
At least twenty minutes will be allowed to a shift worker, for a meal during each shift before the expiration of five hours. Such meal break will be regarded as time worked.
22.4 Restrictions on shiftwork
22.4.1 No employee under eighteen years of age will be employed on shiftwork.
22.4.2 No employee under 21 years of age will be employed on night shift.
