12. Breaks

12.1 The following provisions will apply to all employees other than:

(a) employees engaged in shearing operations, who are entitled to the breaks prescribed in Part 9—Shearing Operations; and

(b) piggery attendants engaged as shiftworkers, who are entitled to the breaks prescribed in Part 7—Pig Breeding and Raising.

12.2 Meal break

(a) A meal break of between 30 minutes and 60 minutes will be allowed each day, to be taken not later than 5 hours after commencing ordinary hours of work.

(b) If there is agreement between the employer and an individual employee, the meal break may be taken at a time agreed.

(c) All work performed on the instruction of the employer during a recognised meal break will be paid for at 200% of the ordinary hourly rate. Payment will continue at this rate until the employee is released for a meal break of not less than 30 minutes.

12.3 Paid rest break

(a) Employees will be allowed a paid rest break of 10 minutes each morning.

(b) If agreement is reached between the employer and employee for an additional rest break, the rest break will be unpaid and in addition to the employee’s ordinary hours of work.

39. Continuous work hours—Ordinary hours and roster cycles for shiftworkers

39.1 Application of clause 39

Clause 39 applies to shiftworkers who work on continuous work as defined in clause 39.2.

39.2 Definition of continuous work

Continuous work means work carried on with consecutive shifts for 24 hours on each day for at least 6 days in a row without interruption (other than for breakdowns, for meal breaks or due to unavoidable causes beyond the employer’s control).

39.3 Maximum hours in certain periods

(a) In any 28 day period, a shiftworker working a shift:

(i) is not to work more than 152 ordinary hours; and

(ii) is to average 38 ordinary hours a week, including crib time.

(b) However, the employer and the majority of employees concerned may agree on a roster system that results in the weekly average of 38 ordinary hours being achieved over a period that is longer than 28 days, but no longer than 26 weeks.

39.4 Length of shifts

(a) A shiftworker is to work a shift of up to 8 ordinary hours at the times the employer requires.

(b) A shift may not be longer than 12 ordinary hours.

(c) If a shift is to be longer than 8 ordinary hours, then it is to be agreed by the employer and the majority of employees in the plant, or work section, or sections concerned.

39.5 Frequency of shifts

An employee must not be required to work more than one shift in any 24 hours, except at regular changeover of shifts.

39.6 Crib time for shiftworkers

A continuous work shiftworker is allowed 20 minutes crib time on each shift, which is counted as time worked.

40. Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers

40.1 Application of clause 40

Clause 40 applies to shiftworkers at workplaces that operate on a basis other than continuous work. Continuous work is defined at clause 39.2.

40.2 Maximum hours in certain periods

(a) In any 28 day period, a shiftworker working a shift:

(i) is not to work more than 152 ordinary hours; and

(ii) is to average 38 ordinary hours a week.

(b) However, the employer and the majority of employees concerned may agree on a roster system that results in the weekly average of 38 ordinary hours being achieved over a period that is longer than 28 days, but no longer than 26 weeks.

40.3 Length of shifts

(a) A shiftworker is to work a shift of up to 8 ordinary hours at the times the employer requires.

(b) A shift may not be longer than 12 ordinary hours.

(c) If a shift is to be longer than 8 ordinary hours, then it is to be agreed by the employer and a majority of the employees in the plant, or work section, or sections concerned.

40.4 Frequency of shifts

An employee must not be required to work more than one shift in any 24 hours, except at regular changeover of shifts.

40.5 An employer must allow an employee a meal break at least every 5 hours and may schedule the timing of meal breaks. An employee must work continuously apart from any meal breaks.

54. Hours of work for Shearers and Crutchers

54.1 Ordinary hours

(a) The ordinary hours of work for Shearers and Crutchers will be 38 per week, Monday to Friday.

(b) The hours will not exceed 8 per day and will be worked in 2 hour groupings called runs. The run times are Monday to Friday as follows:

(i) 7.30 am–9.30 am

(ii) 10.00 am–12.00 pm

(iii) 1.00 pm–3.00 pm

(iv) 3.30 pm–5.30 pm

54.2 Clause 54.1 will be read subject to the provisions of clause 54.3 and the following:

(a) if agreement between the employer and the majority of employees exists there may be an alteration of the starting time by a maximum of 2 hours’ to allow for work to be completed in extenuating circumstances;

(b) work will not commence prior to 5.30 am or later than 7.30 am except where sheep have not been presented for shearing or crutching due to inclement weather;

(c) runs will be of 2 hours duration and be worked continuously except for tea and lunch breaks;

(d) circumstances for which alteration to the starting time in accordance with clause 54.2 may be made are limited to:

 assisting travel arrangements (e.g. day of cut out and travel home);

 ensuring daylight requirements where shed lighting is not available;

 stock welfare; and

 when rising flood water creates exceptional circumstances; and

(e) the entitlements in clause 54.2 are non-cumulative.

54.3 Restrictions on working 8 hours

The restriction on working 8 hours will not apply:

(a) where the tail end of a mob of ewes with lambs or unweaned lambs are in the pens at 5.30 pm on Friday awaiting shearing (or crutching), the shearing (or crutching) may, at the option of the employer, be continued for not more than half an hour, but so far only as may be necessary for the purpose of shearing (or crutching) the said ewes and/or lambs;

(b) if not more than 3 sheep per Shearer/Crutcher are left in the pens at 5.30 pm on Friday they may, at the option of the employer, be shorn (or crutched) then for the purpose of cutting out a particular flock; or

(c) if on the day of the cut out, there remains in the pens after the last run of the day, the number of sheep as could be ordinarily shorn (or crutched) in 60 minutes, the shearing (or crutching), at the option of the employer, may be continued until the sheep are shorn (or crutched). If the option of the employer is taken and work time exceeds 30 minutes, all time workers will receive an additional 2 hours’ (one run) payment.

54.4 Special conditions regarding the hours of work of Shearers and Crutchers

(a) Where a Shearer or Crutcher has not completed 38 hours work during the preceding week, or 8 hours per day if the shearing commenced later in the week, by reason of the fact that sheep presented for shearing or crutching are voted wet or sheep are not presented for shearing or crutching because of rain or sweating, a Shearer or Crutcher may be required by the employer to work on the Saturday and/or Sunday immediately succeeding the week in which work could not be performed for these reasons only, provided that:

(i) any work performed on a Saturday or a Sunday pursuant to clause 54.4 must be performed in accordance with the run schedules in clause 54.1(b);

(ii) any work performed on a weekend pursuant to clause 54.4 must be performed from the commencement of the first available run after the condition of the sheep permit their shearing or crutching except that by agreement between the employer and the employee another or other mutually convenient run or runs available on that weekend may be substituted;

(iii) the work on Saturday and/or Sunday will only replace the time lost during the preceding week; and

(iv) reasonable notice of the need to work on the weekend will be given.

(b) A signal will be given 3 minutes (one minute in the case of crutching) before the end of each run and no Shearer (or Crutcher) will catch another sheep during that run after the signal has been given.

(c) The employee will finish the shearing (or crutching) of any sheep they are shearing (or crutching) at the end of each run.

(d) The employer and employee will record and retain at the appropriate place of employment a written record in the tally book when make-up time is worked, if sheep are determined wet during the normal course of shearing in the preceding Monday to Friday.

(e) The tally book will show those employees who worked make-up time, the date of the work and the number of runs worked during the weekend. The employer will retain this written record for a period of not less than 6 years.