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.

43. Overtime

[Varied by PR723940, PR724570, PR729479, PR740884, PR762308, PR763232, PR774088, PR786739, PR799473]

43.1 All time worked by piggery attendants before the ordinary commencing time or after the ordinary finishing time or in excess of ordinary hours of work in any one day or in any one week will be regarded as overtime.

[43.2 varied by PR723940 ppc 20Nov20]

43.2 Overtime will be paid at the following rates:

For overtime worked | Overtime rateFull-time and part-time employees % ordinary hourly rate | Overtime rateCasual employees % of ordinary hourly rate

Monday to Saturday—first 2 hours | 150 | 175

Monday to Saturday—after first 2 hours | 200 | 225

Sunday—all hours | 200 | 225

[Note inserted by PR723940 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 43.2.

43.3 A minimum payment of 3 hours’ overtime on a Saturday or Sunday is payable except for work which is continuous with ordinary duty.

43.4 In computing overtime each day’s work will stand alone.

43.5 Employees will work reasonable overtime to meet the needs of the enterprise.

43.6 Recall to duty

(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 4 hours’ work at the appropriate rate for each time the employee is so recalled.

(b) The employee must not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.

43.7 Overtime meal allowance

[43.7(a) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(a) If an employee is required to work overtime after working ordinary hours on Monday to Friday (except where the period of overtime is less than 1.5 hours) the employee will be paid $17.90 for the first and any subsequent meals. Alternatively, the employer may supply the employee with a meal.

[43.7(b) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(b) Where overtime is unplanned and not notified the day or days beforehand, a payment will be made of $17.90 after 2 hours of overtime if work will continue beyond the meal break. Alternatively, the employer may supply the employee with a meal. Clause 43.7(b) does not apply to overtime worked after ordinary hours on Monday to Friday.

(c) Where an employee is notified the day or days prior to an overtime day, the meal allowance is not payable unless the overtime is cancelled. Where cancellation occurs and notice of cancellation is not given at least the day before the planned overtime, the employee will be paid the meal allowance.

43.8 Paid breaks during overtime

(a) Meal break

Before starting overtime after working ordinary hours on Monday to Friday an employee will be allowed a meal break of 30 minutes which will be paid for at ordinary rates.

(b) Crib time

An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each 4 hours of work.

(c) Clause 43.8 does not apply where the period of overtime is less than 1.5 hours.

43.9 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 43.9 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.

(c) An agreement made under clause 43.9 must be in writing and must state each of the following:

(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked, at a time or times agreed by the employee and employer;

(v) that, if time off is not taken as mentioned in clause 43.9(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

NOTE: An example of the type of agreement required by clause 43.9 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 43.9 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 43.9 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 43.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 43.9 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request the clause 43.9 will apply, including the requirement for a written agreement under clause 43.9(c) for overtime that has been worked.

[Note varied by PR763232 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 43.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 43.9.

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.

56. Hours of work and overtime rates for shed hands and Woolpresser-shed hands

56.1 The working hours of a shed hand or of a Woolpresser-shed hand will be the same as the working hours of the Shearers or Crutchers. However, additional time each day may be necessary to:

 finish the picking up, rolling of fleeces and picking of the pieces on the tables; and

 sweep the floor of the shed.

56.2 Such additional time after the cessation of shearing or crutching on Friday and on the day of the cut out may be necessary:

 to do the work described in clause 56.1;

 to wash down the floor of the shed and the wool tables; and

 to put away any wool that is underneath; and

 in the case of a Woolpresser-shed hand, such additional time as may be necessary on the day of the cut out to finish the pressing.

56.3 If on any day, except the day of the cut out, the additional time exceeds a total of 30 minutes, the whole of the additional time on that day will be treated as overtime.

56.4 Overtime will be paid for at the rate of 150% of the ordinary hourly rate.

56.5 Penners-up will work without overtime payment for all time additional to the working hours of the Shearers or Crutchers as may be necessary to keep the Shearers or Crutchers supplied with sheep.