42. Penalty rates for shiftwork

42.1 Definitions of types of shift

(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

(b) Night shift means any shift finishing after midnight and at or before 8.00 am.

(c) Permanent night shift means a night shift on which the employee carries out work during a period for which they are engaged on shift work and the employee:

(i) works only night shifts; or

(ii) remains on night shift for more than 4 consecutive weeks; or

(iii) works on a night shift cycle in which they do not have at least one third of their working time off night shift in each shift cycle (that time off might be arranged through a shift rotation or by the worker’s shift alternating with another shift).

(d) Successive afternoon or night shift means a shift (that is not a permanent night shift as defined in clause 42.1(c)) worked by an employee during a period where the employee works:

(i) 5 successive afternoons or 5 successive night shifts on a 5 day site; or

(ii) 6 successive afternoons or 6 successive night shifts on a 6 day site.

(e) Non-successive afternoon or night shift means a shift (that is not a permanent night shift as defined in clause 42.1(c)) on which the employee works any mix of afternoon and night shifts in any:

(i) 5 successive days on a 5 day site; or

(ii) 6 successive days on a 6 day site.

42.2 Rates for shiftwork

An employer must pay an employee working ordinary hours on the shifts defined in clause 42.1 at the rates in the table below:

Shift | Penalty rate (% of minimum hourly rate)

Successive afternoon or night shift | 115%

Non-successive afternoon or night shift | First 3 hours, 150% After first 3 hours, 200%

Permanent night shift | 130%

Saturday or Sunday | See clause 44—Saturday and Sunday penalty rates

Public holiday | See clause 45—Payment for public holidays

NOTE: Employees to whom Part 7—Pig Breeding and Raising applies may work on shifts under:

(a) Clause 39—Continuous work hours—Ordinary hours and roster cycles for shiftworkers: or

(b) Clause 40—Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers.

44. Saturday and Sunday penalty rates

For work performed by piggery attendants on a Saturday or a Sunday, the following rates apply:

For time worked: | Penalty rate % ordinary hourly rate

Day workers |

Saturday—ordinary hours worked by agreement | 150

Shiftworkers |

Saturday1 | 150

Sunday—continuous shifts (where the major portion of the rostered shift is on a Sunday) | 200

1 Provision in substitution for and not cumulative upon shift rates in clause 42.2—Rates for shiftwork.

45. Payment for public holidays

[Varied by PR747352]

45.1 A piggery attendant who is a day worker required to work on a public holiday will be paid 250% of the ordinary hourly rate for a minimum of 3 hours and up to the usual rostered hours. For time worked in excess of the ordinary rostered hours overtime rates will apply.

45.2 A shiftworker required to work on a public holiday will be paid 200% of the ordinary hourly rate for a minimum of 3 hours and up to the usual rostered hours.

45.3 By agreement between an employer and the employees, time off instead of payment for public holidays may be accrued for public holiday work. That is, the employee will receive ordinary time payment for the hours worked on the said holiday and accrue time to be taken at a mutually agreed time.

[45.4 inserted by PR747352 ppc14Nov22]

45.4 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 45.

Part 8—Poultry Farming