23. Shiftwork

23.1 Hours of work—shiftwork

(a) Shifts may be worked on any work covered by this award.

(b) The ordinary hours of work for full-time shiftworkers are to be an average of 38 per week and must not exceed 152 hours in 28 consecutive days, subject to clauses 23.1(b)(i) and 23.1(b)(ii). The ordinary hours of work for a part-time employee with be in accordance clause 10—Part-time employees and for a casual employee will be in accordance with clause 12—Casual employees.

(i) Where the employer and the majority of affected employees agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(ii) In the absence of agreement between the employer and employee, by the employer giving not less than 7 days’ notice to each employee of such proposed change of times.

(c) The ordinary hours of work are to be worked continuously, except for meal and any rest breaks, at the discretion of the employer.

(d) Except at changeover of shift an employee will not be required to work more than one shift in each 24 hours.

(e) Transfer of an employee from day work to shiftwork, or from shiftwork to day work, will be by agreement between the employer and the employee.

(f) Shifts may be worked on a one-shift, 2 shift or 3 shift system.

23.2 Shiftwork definitions

For the purpose of clause 23:

afternoon shift means any shift commencing at or after 2.00 pm and finishing at or before midnight.

day shift in a three-shift system means any shift finishing at or after 2.00 pm and at or before 4.00 pm.

fixed night shift means a night shift on which an employee is not allowed to rotate so as to give the employee at least one week in each 3 consecutive weeks on another shift or shifts.

night shift means any shift finishing subsequent to midnight and at or before 9.00 am.

non-successive shift means afternoon or night shifts which do not continue for at least 5 successive afternoon or night shifts.

23.3 Shiftwork rates

(a) Afternoon shift

A shiftworker will be paid 115% of the minimum hourly rate for all ordinary hours worked on afternoon shift.

(b) Night shift

A shiftworker will be paid 125% of the minimum hourly rate for all ordinary hours worked on night shift.

(c) Fixed night shift

A shiftworker will be paid 130% of the minimum hourly rate for all ordinary hours worked on fixed night shift.

(d) Non successive shifts

A shiftworker will be paid:

(i) 150% of the minimum hourly rate for the first 3 hours; and

(ii) 200% of the minimum hourly rate thereafter,

for all ordinary hours worked on non-successive afternoon or night shifts.

(e) Casual shiftwork

A casual shiftworker will be paid the appropriate shift rate and the 25% casual loading (as prescribed by clause 12.4) based on the minimum hourly rate in clause 16.1 for the classification in which the casual employee is employed. For example, a casual employee working on afternoon shift would be paid 140% of the minimum hourly rate.

(f) Cleaners—shiftwork rates and cleaning penalty rates not cumulative

Where a cleaning employee is entitled to a penalty rate under clause 24.4 and a shiftwork rate under clause 23.3 in relation to the same shift, the employee will only be entitled to payment of the higher penalty rate and not both.

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

23.4 Meal break—shiftworkers

Meal breaks for shiftworkers are provided in accordance with clause 15.4.

23.5 Altering starting times

Unless otherwise agreed, an individual employee who is required to alter their starting time to enable the management to make provision for a replacement will be given at least 24 hours’ notice of the change. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 33—Consultation about changes to rosters or hours of work.

23.6 Three-shift systems

Employees engaged on a three-shift system will rotate between shifts unless otherwise agreed between the employer and employees directly concerned.

23.7 Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(a) proper health monitoring procedures being introduced;

(b) suitable roster arrangements being made;

(c) proper supervision being provided;

(d) adequate breaks being provided; and

(e) an adequate trial or review process being undertaken.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work less than 38 ordinary hours per week; and

(b) has reasonably predictable hours of work of not less than 4 consecutive hours on any day; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work;

(c) the actual starting and finishing times of each day; and

(d) that the minimum daily engagement is 4 hours.

10.3 Clause 10.2 does not apply to a meat processing establishment, except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products.

10.4 The terms of any agreement concerning part-time employment or any agreed variation to the hours of work will be in writing, with a copy retained by the employer and a copy provided to the employee.

10.5 All time worked in excess of the hours as mutually agreed will be overtime.

10.6 A part-time employee employed under the provisions of clause 10 will be paid for ordinary hours worked at the minimum hourly rate prescribed in clause 16—Minimum rates.

12. Casual employees

[Varied by PR724002, PR733854, PR777289]

[12.1 substituted by PR733854 from 27Sep21]

12.1 This clause does not apply to daily hire employees engaged pursuant to clause 11.

12.2 A casual employee will perform such work as the employer requires during the period of the engagement.

12.3 Subject to clause 12.2, the minimum period of engagement of a casual employee will be 4 hours each day or shift, which may be comprised of hours within or outside the span of ordinary hours provided for in this award.

[12.4 deleted by PR733854 from 27Sep21]

[12.5 renumbered as 12.4 by PR733854 from 27Sep21]

12.1 The ordinary hours of work for a casual employee must not exceed 38 hours in any week.

[12.6 renumbered as 12.5 by PR733854 from 27Sep21]

12.2 The minimum period of engagement for a casual cleaner employed to clean premises in any establishment may be 2 hours on any day or shift. The minimum period of engagement for a casual clerk employed as a bookkeeper may be 3 hours on any day or shift. The hours for casual cleaners or casual clerks may also be within or outside the span of ordinary hours.

[12.7 renumbered as 12.6 by PR733854 from 27Sep21]

12.3 Casual employees will be paid at the termination of each engagement or in accordance with the arrangements set out in clause 17.1.

[12.8 deleted by PR733854 from 27Sep21]

12.4 Casual loading

[12.9 substituted by PR724002 ppc 20Nov20; 12.9 renumbered as 12.7 by PR733854 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid a rate made up of:

(i) the minimum hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the minimum hourly rate.

(b) The casual loading will not be paid for overtime hours worked.

[12.10 deleted by PR724002 ppc 20Nov20]

[12.11 renumbered as 12.10 by PR724002; 12.10 renumbered as 12.8 by PR733854 from 27Sep21]

12.5 A casual employee employed on shiftwork will, in addition to the casual loading set out in clause 12.4, be paid the appropriate shift rate based on the minimum hourly rate excluding the casual loading.

[12.12 renumbered as 12.11 by PR724002; 12.11 renumbered as 12.9 by PR733854 from 27Sep21]

12.6 A casual employee who works ordinary hours on a Saturday or Sunday, where ordinary hours are permitted by this award, does not receive the rate set out in clause 12.4 but receives, instead, the appropriate weekend penalty rates set out in clause 24—Penalty rates.

12.7 Changes to casual employment status

[12.13 renumbered as 12.12 by PR724002; 12.12 renumbered as 12.10 and renamed and substituted by PR733854; renamed and substituted by PR777289 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 34—Dispute resolution.

12.8 Right to request conversion to daily hire employment in meat processing establishments

[12.14 renumbered as 12.13 by PR724002; 12.13 renumbered as 12.11 and renamed and substituted by PR733854 from 27Sep21]

(a) A person engaged by a particular employer as a regular casual employee in a meat processing establishment may request that their employment be converted to daily hire or part-time daily hire employment.

(b) A regular casual employee for the purpose of subclause 12.8 is a casual employee employed in accordance with clause 12 who has over the preceding 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time, part-time or daily hire employee (including part-time daily hire employee) under the provisions of this award.

(c) A regular casual employee may request to have their casual employment converted to the category of daily hire employment corresponding to the pattern of hours the employee has worked over the period referred to in clause 12.8(b).

(d) Any request under clause 12.8 must be in writing and provided to the employer.

(e) Where a regular casual employee seeks to convert to daily hire or part-time daily hire employment, the employer may agree to or refuse the request. The request may only be refused on reasonable grounds and after consultation with the employee.

(f) Reasonable grounds for refusal may include:

(i) that it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a daily hire or part-time daily hire employee in accordance with the provisions of this award – that is, the casual employee is not a true regular casual employee as defined in clause 12.8(b);

(ii) that it is known, or reasonably foreseeable, that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) that it is known, or reasonably foreseeable, that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months, other than where daily hire is in operation and the reduction in hours is due to seasonal factors; or

(iv) that it is known, or reasonably foreseeable, that there will be a significant change in the days and times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(g) For any ground of refusal to be reasonable it must be based on facts that are known or reasonably foreseeable.

(h) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(i) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 34—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(j) Where it is agreed that a regular casual employee will have their employment converted to daily hire or part-time daily hire employment as provided for in clause 12.8, the employer and employee must discuss and record in writing the form of employment to which the employee will convert—that is, daily hire or part-time daily hire employment.

(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(l) Once a regular casual employee has converted to daily hire or part-time daily hire employment, the employee may only revert to casual employment with the written agreement of the employer.

(m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 12.8.

(n) Nothing in clause 12.8 obliges a regular casual employee to convert to daily hire or part-time daily hire employment, nor permits an employer to require a regular casual employee to so convert.

(o) Nothing in clause 12.8 requires an employer to increase the hours of a regular casual employee seeking conversion to daily hire or part-time daily hire employment.

(p) An employer must provide a casual employee employed in accordance with clause 12, whether a regular casual employee or not, with a copy of the provisions of clause 12.8 within the first 12 months of the employee’s first engagement to perform work.

(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 12.8(p).