AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
17.1 The ordinary working hours of employees on shift work shall not exceed an average of 38 per week spread over a period of two, three or four weeks to be worked in shifts of eight hours inclusive of a crib time of 30 minutes which shall be counted as time worked.
17.1.1 Employees on shift work shall accrue 0.4 of one hour for each eight hour shift worked to allow one complete shift to be taken off as a paid shift for every twenty shift cycle. This twentieth shift shall be paid for at the appropriate shift rate as prescribed by this clause and any appropriate allowance prescribed in clause 27 - Fares and travelling time.
17.1.2 Each day of paid leave taken and any public holiday occurring during any cycle of four weeks shall be regarded as a shift worked for accrual purposes.
17.1.3 Except as provided above, employees not working a complete four week cycle shall be paid accrued pro rata accrual entitlements for each shift worked, on the programmed shift off or, in the case of termination of employment, on termination.
17.1.4 The employer and employees shall agree in writing upon arrangements for rostered paid days or for accumulation of accrued days to be taken at or before the end of a particular contract provided that such accumulation shall be limited to no more than five such accrued days before they are taken as paid days off and when taken the days shall be regarded as days worked for accrual purposes in the particular twenty shift cycle.
17.1.5 Once such days have been rostered they shall be taken as paid days off provided that where an employer, for emergency reasons requires an employee to work on his/her rostered day off he/she shall be paid in addition to his/her accrued entitlement, the penalty rates prescribed in 17.3.1.
17.2 Definitions
17.2.1 For the purposes of this clause:
17.2.1(a) Day shift means any shift starting on or after 6.00 a.m. and before 10.00 a.m.
17.2.1(b) Afternoon shift means any shift starting at or after 10.00 a.m. and before 8.00 p.m.
17.2.1(c) Night shift means any shift starting at or after 8.00 p.m. and before 6.00 a.m.
17.2.1(d) Rostered shift means a shift of which the employee concerned has had at least 48 hours' notice.
17.2.2 There shall be a roster of shifts which shall:
17.2.2(a) provide for rotation unless all the employees concerned desire otherwise;
17.2.2(b) provide for not more than eight shifts to be worked in any nine consecutive days.
17.2.3 So far as employees present themselves for work in accordance therewith shifts shall be worked according to the roster.
17.3 Overtime
17.3.1 Work done by shift workers in excess of and outside the ordinary working hours inclusive of time worked for accrual purposes as prescribed in 17.1 of their shift or on a shift other than a rostered shift shall be paid at the rate of double time.
This provision shall not apply to arrangements between the employees themselves or in cases due to rotation of shift or when the relief does not come on duty at the proper time; for all time of duty after he/she has finished his/her ordinary shift such unrelieved employee shall be paid at the rate of time and a half for the first eight hours and double time thereafter.
17.3.1(a) A shift worker whilst on afternoon or night shift other than a Saturday, Sunday or holiday shall be paid for such shift 15% more than his/her ordinary rate.
17.3.1(b) Shift workers who work on any afternoon or night shift which does not continue for at least five successive afternoons or nights shall be paid at the rate of time and a half.
17.3.1(c) An employee who (except at his/her own request pursuant to 17.2.2):
17.3.1(c)(i) during a period of engagement on shift, works night shift only; or
17.3.1(c)(ii) remains on a night shift for a longer period than four successive weeks; or
17.3.1(c)(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least 1/3 of his/her working time off night shift in each cycle;
17.3.1(c)(iv) shall during such engagement, period or cycle be paid 30% more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.
17.3.2 Employees working shifts shall be paid for ordinary hours of work inclusive of time worked for accrual purposes as prescribed in 17.1 between midnight on Friday and midnight on Saturday at the minimum rate of time and a half.
17.4 Sundays and holidays
17.4.1 Subject to this clause the provisions of clause 22 – Public holidays, shall apply to shift workers. 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. Where shifts fall partly on a Sunday or a holiday that shift the major portion of which falls on a Sunday or a holiday shall be regarded as the Sunday or holiday shift.
17.4.2 The provisions of this clause shall not apply to cookhouse personnel or camp orderlies.
