AP824076 - Australian Government Employment – Conditions and Salaries Award 2003
18.1.1 Definition
An employee will be considered a shiftworker if rostered to perform ordinary duty outside the period 6.30 a.m. to 6.00 p.m., Monday to Friday, and/or on Saturdays, Sundays or Public Holidays for on ongoing or fixed period.
18.1.2 Payments stand alone
Shift penalty payments will not be taken into account in the computation of overtime or in the calculation of any allowance based upon salary, nor will they be paid with respect to any shift for which any other form of penalty payment is made under this award.
18.1.3 Annual leave
Shift penalty payments will be made in respect of any duty which an employee would have performed had the employee not been on approved annual leave.
18.1.4 Introduction of shifts
Introduction of shiftwork or a new roster or arrangement of shift cycles may be approved, after consultation with the relevant employees. Shift rosters will specify the commencing and finishing times of ordinary hours of duty of the respective shifts.
18.1.5 24 hour limit
Except at the regular change-over of shifts an employee should not be required to work more than one shift in each 24 hours.
18.1.6 Exchange of shifts
Shiftworkers can exchange shifts or rostered days off by mutual agreement, with the consent of the CEO, and provided that the arrangement does not give any employee an entitlement to an overtime payment.
18.1.7 Penalty rates
In addition to the employee’s ordinary salary for the shift, a shiftworker will be paid the relevant rate as set out in Table 18A.
18.1.7(a) For the purposes of 18.1.7, ordinary salary will include higher duties allowance payable under 14.1.
Table 18A Shiftwork – Penalty Rates
Rostered time of ordinary duty |
Penalty rate |
Ordinary duty performed on a shift, any part of which falls between 6.00 p.m. and 6.30 a.m. |
15% |
Ordinary hours worked continuously for a period exceeding four weeks on a shift falling wholly within the hours of 6.00 p.m. and 8 a.m. (with the exception as prescribed at 18.1.8) |
30% |
Ordinary duty performed on a Saturday |
50% |
Ordinary duty performed on Sunday |
100% |
Ordinary duty performed on a public holiday |
150% |
18.1.8 Part-time employees will be entitled to the 30% penalty rate only where:
18.1.8(a) the employee’s rostered ordinary duty involves working no fewer shifts each week, or no fewer shifts a week on average over the shift cycle, than an equivalent full-time employee; and
18.1.8(b) the shift worked by a part-time employee is part of a full-time shift, and the full-time shift falls wholly within the hours of 6.00 p.m. and 8.00 a.m.
18.2.1 Minimum payment
The minimum additional payment payable for ordinary duty performed on a public holiday for each separate attendance will be four hours. Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a following attendance. An employee who is in a restriction situation will be entitled to a minimum payment, as specified under 17.6.8 and 17.6.9 (Restriction provision).
18.2.1(a) For the purposes of 18.2.1:
18.2.1(a)(i) duty broken by a meal period will not constitute more than one attendance; and
18.2.1(a)(ii) the minimum extra payment will not be applicable to holiday ordinary duty which, disregarding meal periods, is continuous with ordinary duty occurring on the day preceding or on the day succeeding the holiday.
18.2.2 Day off in lieu
Where, in a cycle of shifts on a regular roster, a shiftworker is required to perform rostered duty on each of the days of the week, that employee will, in respect of a public holiday which occurs on a day on which the employee is rostered off duty, be granted, if practicable, within one month after the holiday, a day’s leave in lieu of that holiday.
18.2.3 Payment
Where it is not practicable to grant a day off under 18.2.2, the employee will be paid one day’s pay at the ordinary rate.
18.2.4 Holiday definition
[18.2.4 corrected by PR942234 ppc 02Jun03]
A holiday means a holiday as prescribed in clause 23 (Public Holidays).
[18.2.4(a) corrected by PR942234 ppc 02Jun03]
18.2.4(a) Holiday duty will include duty on December 25, whether or not another day has been declared as a substitute public holiday, except as provided for in 23.4 (Duty on both Christmas Day and substituted holiday).
18.3.1 General conditions
Unless specified below, shiftworkers will be subject to the conditions for the payment of overtime in 17.1 (Overtime – general conditions) to 17.5. (Emergency duty).
18.3.2 Definition
Duty will be considered overtime where:
18.3.2(a) it is performed on any day which is outside the normal rostered ordinary hours of duty on that day; or
18.3.2(b) it is performed in excess of the weekly hours of ordinary duty, or an average of the weekly hours of ordinary over a cycle of shifts.
18.3.3 Saturday rate
For overtime performed on a Saturday payment will be made at the rate of double time.
18.3.4 Emergency duty
The provisions of 17.5. (Emergency duty) will not apply to employees whose duty for the day is varied by alteration of the commencement of the scheduled shift to meet an emergency.
18.3.5 Notice of shift change
Notwithstanding the provisions of 18.1.4 (Introduction of shifts), change to rostered hours of duty can be by mutual consent at any time or by amendment of the roster on seven days notice.
18.3.5(a) In the absence of consent or seven days notice, employees will be paid the appropriate overtime penalty rates for work outside the previously rostered hours of duty. Payment of penalty rates on this basis will be continued for each changed shift until employees have received seven days notice of shift change.
18.3.5(b) The penalty rates in 18.3.5(a) are not payable where the employer is unable to give seven days notice because of the sickness or unanticipated absence of another employee.
