AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002
22.1 Definitions
For the purposes of this clause:
22.1.1 Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.
22.1.2 Continuous work means work carried on with consecutive shifts of employees throughout the twenty-four hours of each of at least six consecutive days without interruption except during break-downs or meal breaks or due to unavoidable causes beyond the control of the employer.
22.1.3 Night shift means any shift finishing subsequent to midnight and at or before 8.00 a.m.
22.1.4 Rostered shift means a shift of which the employee concerned has had at least forty-eight hours notice.
22.2 Hours - continuous work shifts
22.2.1 This clause shall apply to shift workers on continuous work as hereinbefore defined.
22.2.2 The ordinary hours of work for such shift workers shall be 38 per week averaged over one complete cycle of the roster and shall not exceed:
22.2.2(a) eight hours in any one day; nor
22.2.2(b) 48 hours in any one week; nor
22.2.2(c) 88 hours in fourteen consecutive days; nor
22.2.2(d) 152 hours in 28 consecutive days.
22.2.3 Subject to the following conditions such shift workers shall work at such times as the employer may require:
22.2.3(a) a shift shall consist of not more than eight hours, inclusive of crib time;
22.2.3(b) except at the regular change-over shifts an employee shall not be required to work more than one shift in each twenty-four hours;
22.2.3(c) twenty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked.
22.3 Hours - other than continuous work
22.3.1 This clause shall apply to shift workers not upon continuous work as hereinbefore defined. The ordinary hours of work for such shift workers shall be 38 hours per week averaged over one complete cycle of the roster and shall not exceed:
22.3.1(a) 40 hours in any week to be worked in five shifts of eight hours; or
22.3.1(b) 80 hours in fourteen consecutive days in which case an employee shall not, without payment for overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week.
22.3.1(c) 120 hours in 21 consecutive days in which case an employee shall not, without payment of overtime, be required to work more than eight consecutive hours on any shift or more than six shifts in any week.
22.3.2 Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. An employee shall not be required to work for more than five hours without a break for a meal. Except at regular change- over of shifts an employee shall not be required to work more than one shift in each twenty-four hours.
22.4 Rosters
Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
22.5 Variation by agreement
22.5.1 The method of working shifts may in any case be varied by agreement between the agency and the majority of employees in the agency or work section or sections concerned.
22.5.2 Where there is agreement between the parties in accordance with the above, ordinary hours not exceeding twelve on any day may be worked subject to:
22.5.2(a) proper health and monitoring procedures being introduced;
22.5.2(b) suitable roster arrangements being made;
22.5.2(c) proper supervision being provided;
22.5.2(d) adequate breaks being provided; and
22.5.2(e) an adequate review process being implemented through the consultative process in clause 8.
22.5.3 The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the majority of employees in the agency or work section or sections concerned or in the absence of agreement by seven days notice of alteration given by the employer to the employees.
22.6 Afternoon or night shift allowances
22.6.1 A shift worker whilst on afternoon or night shifts shall be paid for such shift 15 per cent more than their ordinary rate.
22.6.2 A shift worker who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights in a five day workshop or for at least six successive afternoons or nights in a six day workshop shall be paid for each such shift 50 per cent for the first three hours thereof and 100 per cent for the remaining hours thereof in addition to their ordinary rate.
22.6.3 An employee who:
22.6.3(a) during a period of engagement on shift work, works night shift only; or
22.6.3(b) remains on night shift for a longer period than four consecutive weeks; or
22.6.3(c) works on night shift which does not rotate or alternate with another shift or with day work so as to give them at least one-third of their working time off night shift in each shift cycle;
shall during such engagement period or cycle be paid 30 per cent more than their ordinary rate for all time worked during ordinary working hours on such night shift.
22.7 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. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in 22.6 hereof.
22.8 Overtime
22.8.1 Shift workers 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 shall:
22.8.1(a) if employed on continuous work be paid at the rate of double time; or
22.8.1(b) if employed on other shift work at the rate of time and a half for the first three hours and double time thereafter;
except in each case when the time is worked:
22.8.1(c) by arrangement between the employees themselves;
22.8.1(d) for the purpose of effecting the customary rotation of shifts; or
22.8.1(e) 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 12.6 of this award.
22.8.2 Provided that when no less than eight hours’ notice has been given to the employer by a relief employee that they will be absent from work and the employee whom they should relieve is not relieved and is required to continue to work on their rostered day off the unrelieved employee shall be paid double time.
22.9 Requirements to work reasonable overtime
An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
22.10 Sundays and holidays
22.10.1 Shift workers on continuous shifts for work on a rostered shift the major portion of which is performed on a Sunday or holiday shall be paid as follows:
22.10.1(a) Sundays - at the rate of double time.
22.10.1(b) Holidays as prescribed by clause 25 - Holidays and Sunday work - at the rate of double time.
22.10.2 Shift workers on other than continuous work for all time worked on a Sunday or holiday shall be paid at the rates prescribed by clause 25 - Holidays and Sunday work of this award. Where shifts commence between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.
22.10.3 Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.
22.11 Daylight saving
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:
22.11.1 commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
22.11.2 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 in each case to be set to the time fixed pursuant to the relevant State legislation. In this clause the expressions standard time and summer time shall bear the same meanings as are prescribed by the relevant State legislation.
