AP789529CRV - Metal, Engineering and Associated Industries Award 1998
6.2 SPECIAL PROVISIONS FOR SHIFTWORKERS
Summary
This clause defines afternoon and night shift and prescribes the allowances for such shifts as well as the loadings payable for Saturday, Sunday and Public Holidays Shifts.
For the purposes of this award:
"Rostered Shift" means any shift of which the employee concerned has had at least 48 hours notice.
"Afternoon Shift" means any shift finishing after 6.00pm and at or before midnight.
"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00am.
By agreement between the employer and the majority of employees concerned or in appropriate cases an individual employee, the span of hours over which shifts may be worked may be altered by up to one hour at either end of the span.
6.2.2 Afternoon and Night Shift Allowances
6.2.2(a) An employee whilst on afternoon or night shift shall be paid for such shift 15 per cent more than his or her ordinary rate.
[Pt I:Pt 6:6.2.2(b) substituted by Q2704 from 01Jul98]
6.2.2(b) An employee who works on an afternoon or night shift which does not continue:
(i) for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop (where no more than eight ordinary hours are worked on each shift); or
(ii) for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift and the shift arrangement is in accordance with subclauses 6.1.2 or 6.1.3);
shall be paid for each shift 50 percent for the first three hours and 100 percent for the remaining hours, in addition to his or her ordinary rate.
6.2.2(c) An employee who:
(i) During a period of engagement on shift, works night shift only; or
(ii) Remains on night shift for a longer period than four consecutive weeks; or
(iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of his or her working time off night shift in each shift cycle;
shall, during such engagement, period or cycle, be paid 30 per cent more than his or her ordinary rate for all time worked during ordinary working hours on such night shift.
6.2.3 Rate for Working on 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. This extra rate is in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.
6.2.4 Rate for Working on Sunday and Public Holiday Shifts
6.2.4(a) The rate at which continuous shift workers are to be paid for work on a rostered shift the major portion of which is performed on a Sunday or public holiday, is double time.
6.2.4(b) The rate at which shift workers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:
(i) Sundays - at the rate of double time
(ii) Public Holidays - at the rate of double time and a half.
6.2.4(c) Where shifts commence between 11.00pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday and extending into the Sunday or public holiday shall be regarded as time worked on the Sunday or public holiday.
6.2.4(d) Where shifts fall partly on a holiday, the shift which has the major portion falling on the public holiday shall be regarded as the holiday shift.
By agreement between the employer and the majority of employees concerned, the shift which has the minor portion falling on the public holiday may be regarded as the holiday shift in lieu of the above.
6.2.4(e) The extra rates in this subclause are in substitution for and not cumulative upon the shift premiums prescribed in 6.2.2.
[Pt I:Pt 6:6.2.5 inserted by PR912584 from 17Dec01]
6.2.5 Afternoon Shift at National Engineering Pty Ltd
Notwithstanding any other award provisions, with effect from 1 June 2000, the following definition of afternoon shift under clause 6.2.1 shall apply to National Engineering Pty Ltd, ACN 061 131 333 in relation to the operation of the employer’s premises at Young in the state of New South Wales for the period commencing 1 April 1992 and expiring 1 June 2000:
“Afternoon Shift” means any shift finishing after 6:00 pm and at or before 1:15 am.
