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.

41. Rostering shifts

41.1 Rosters—ordinary hours to be specified

A shift roster is to specify the start and finish time of the ordinary working hours of each shift.

41.2 Employer and employees may agree to change shift span by up to one hour

The spans of shifts that an employee may work are in clause 42.1(a) and clause 42.1(b). The employer and the majority of employees concerned may agree to alter the span of hours over which shifts may be worked by up to one hour at either end.

41.3 Varying method of working shifts by agreement

(a) The employer and the majority of employees concerned may agree to vary the method of working shifts.

(b) Once the start and finish time of each shift have been determined (whether under clause 41.3(a) or in any other way), those times may be varied to suit the circumstances of the establishment:

(i) by the employer and the majority of employees concerned agreeing to a variation; or

(ii) if there is no agreement, by the employer giving the employees 5 days’ notice.