AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
33.1 Definition of shifts
33.1.1 Afternoon shift shall mean any shift finishing after 6.30 p.m. and at or before 12.00 a.m. Monday to Friday inclusive.
33.1.2 Night shift shall mean any shift finishing after 12.00 a.m. and at or before 8.00 a.m. on Monday to Friday inclusive.
33.2 Hours of work
33.2.1 The ordinary hours of work of employees on shift work shall be an average of 38 per week. Subject to the exemptions hereinafter provided ordinary hours of work shall not exceed eight hours per day each continuous (except for crib breaks) on Monday to Friday inclusive, on one of the following bases:
33.2.1(a) 38 hours within a cycle not exceeding 7 consecutive days; or
33.2.1(b) 76 hours within a work cycle not exceeding 14 consecutive days; or
33.2.1(c) 114 hours within a work cycle not exceeding 21 consecutive days; or
33.2.1(d) 152 hours within a work cycle not exceeding 28 consecutive days.
33.2.2 Such hours of work shall be implemented in the manner provided for in clause 32 - Hours of work of this award and shall be subject to the provisions of clause 32.
33.2.3 Any shift which commences on or after 11.00 p.m. on a Sunday shall be deemed to be part of the Monday shift and paid accordingly.
33.2.4 Crib time on any shift shall be at the time fixed in accordance with this award by the employer and shall not be varied except in an emergency and with the consent of the employee however, an employee shall not be required to work more than 5.5 hours without a crib break.
33.3 Allocation to service industry
33.3.1 The Company shall allocate employees to shifts by giving not less than 48 hours notice to such employees of the shifts to be worked provided that, where 48 hours notice of allocation can not be given, employees shall be paid at the rate of time and a half for the first two hours and double time thereafter for the period of any shift worked within the notice period.
33.3.2 Where an employee has been allocated to afternoon or night shift work and the shift does not continue for at least five consecutive afternoons or nights by virtue of the Company reallocating the employee to ordinary work, the employee shall be paid at the rate of time and half for the first two hours and double time thereafter for each of the shifts that were worked.
33.4 Breaks between shifts shall be a minimum of twelve hours except that where an employee is requested to resume work earlier he/she shall be paid double time until his/her ordinary starting time.
33.5 Variation by agreement
The method of working shifts and time of commencement and finishing of shifts may in any case be varied by agreement between the company and the employee to suit the circumstances of the establishment.
33.6 Shift arrangement - penalty rates
33.6.1 Shift workers shall be paid for ordinary time on the respective shifts and the following allowances additional to the minimum wage prescribed for the relevant classification pursuant to this award as varied.
Shift |
Penalty rate |
Afternoon shift |
17.5% |
Night Shift |
30.0% |
33.6.2 An employee is deemed to be on shift work if at least two-thirds of his/her working time is outside the normal spread of hours.
33.6.3 Day work as defined may overlap with shift work.
33.7 Overtime
For all time worked outside or in excess of the shift hours, shift workers will be paid at time and a half for the first two hours and double thereafter.
33.8 Sunday
Except as provided in 33.2.3 all times of duty on Sundays shall be paid for at the rate of double time with a minimum of four hours work or four hours pay at the rate of double time.
33.9 Public holiday
33.9.1 When applicable the provisions of clause 38 - Holidays of the award shall apply.
33.9.2 Where shifts fall partly on a holiday that shift the major portion of which falls on such holiday shall be regarded as a holiday shift.
33.10 Crib time
33.10.1 All shift workers whilst on afternoon or night shift shall be entitled to a paid crib time of twenty minutes. Such crib to be allowed and taken as prescribed by 33.2.4.
33.10.2 An employee working overtime shall be allowed crib time of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues to work after such crib time. Unless the period of overtime is less than two hours an employee before starting overtime after ordinary hours shall be allowed a meal break of twenty minutes which shall be paid for at ordinary rates.
33.10.3 An employer and employee may agree to any variation of this provision to meet the circumstances of work in hand provided that the Company shall not be required to make payment in respect of any time allowed in excess of twenty minutes subject to 33.3.
33.11 Exemption from shift work
33.11.1 An employee shall be exempted from shift work where such work does or is likely to injure his/her physical or mental health.
33.11.2 The employer may require the provision of the appropriate medical certificate but it shall not unreasonably deny any request for exemption from shift work.
