AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
PART 6 - HOURS OF WORK, SHIFT WORK AND OVERTIME
27. HOURS OF WORK - DAY WORK AND SHIFT WORK
27.1 Ordinary hours of work - day work
The ordinary hours of day work will be 38 per week, to be worked in five days and not more than eight hours per day between the hours of 6.00 a.m. and 6.00 p.m. Mondays to Fridays inclusive. The hours of work may be altered by mutual agreement between Virgin Tech, the majority of employees, or the union.
27.2 Shift work
27.2.1 Shift work will be arranged at such times as Virgin Tech may require to provide for an average of 38 ordinary hours of work per week over the span of the shift cycle. Employees ordinary hours will not exceed:
27.2.2 Shift workers will be entitled to meal breaks in accordance with 30.2.
27.3 Rostered days off
27.3.1 Full-time employees (other than relief employees) will receive in addition to the benefits prescribed by clause 31 - Annual leave, an amount equal to twelve days, ordinary time payment which will be taken in accordance with 27.3.3. Provided that the aggregate working time during the calendar year averages 38 hours per week, otherwise the quantum will need to be adjusted accordingly.
27.3.2 Relief employees will receive proportionate payment of the twelve days at ordinary rates based on the formula contained in 16.5.5 which will be taken in accordance with 27.3.3.
27.3.3 Days resulting from this provision may be taken as follows:
27.3.3(a) five days may be added to the period of annual leave;
27.3.3(b) the remaining seven days to be taken by mutual agreement or added to the period of annual leave.
27.3.3(c) Except in the case of an employee who either, terminates his or her employment, or is terminated by Virgin Tech, in which case pro rata payment will apply, rostered days off will not otherwise be paid out.
27.4 Shift work
27.4.1 One shift per day
Except at the change-over of shifts, an employee must not be required to work more than one shift per day at ordinary rates of pay.
27.4.2 Shift work rosters
27.4.2(a) Shift work rosters must specify the commencing and finishing times of ordinary working hours of the respective shifts.
27.4.3(b) In accordance with this award, each shift will be paid for at the rate applicable to the day on which the major portion of the shift is worked.
27.4.3 Shift loadings
27.4.3(a) Afternoon shifts
Shift workers must be paid ordinary rates plus 15% for all time worked on afternoon shifts.
27.4.3(b) Night shifts
Employees must be paid ordinary rates plus 22.5% for all time worked on night shifts.
27.4.4 Shift work on a Saturday
27.4.4(a) Subject to 27.4.5(b), shift workers must be paid at the rate of time and a half for all shifts worked on a Saturday.
27.4.4(b) Shift workers must be paid at overtime rates from the commencement of a shift between midnight Friday and until 7.00 a.m. on a Saturday.
[27.4.4(c) varied by PR948169; corrected by PR948605; varied by PR960505 PR975619 PR978592; PR984041 ppc 01Oct08]
27.4.4(c) If a shift worker is required to work afternoon shifts or night shifts on a Saturday, the shift worker is entitled to an additional $9.82 per shift.
27.4.5 Shift work on Sundays and public holidays
27.4.5(a) Shift workers must be paid at the rate of double time for all shifts worked on a Sunday and public holidays except Christmas Day and Good Friday.
27.4.5(b) Shift workers must be paid at the rate of double time and a half for all shifts worked on Christmas Day and Good Friday.
27.4.6 Continuous afternoon and night shifts
If, during a period of engagement, a shift worker works night shift only; or remains on night shift for more than four consecutive weeks; or works on a night shift which does not rotate with another shift or with day work so that the shift worker does not have at least one third of his/her working time off night shift in each roster cycle the shift worker must be paid at the rate of single time plus 30% for all time worked during ordinary working hours on night shifts worked Monday to Friday.
27.5 Daylight saving
In any area where, by reason of legislation of a State or Territory, summer time is prescribed as being in advance of the standard time of that state, the length in any shift:
27.5.1 commencing before the time prescribed by the relevant legislation for the commencement of a summer time period; and
27.5.2 on or before the time prescribed by such legislation for the termination of such summer time period;
will 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 conclusion of the shift.
