13. Ordinary hours of work

13.1 Ordinary hours

(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b) Except as provided elsewhere in this award:

(i) the ordinary hours of work for a full-time employee are an average of 38 per week; and

(ii) an employee will not work more than 10 ordinary hours per day or 152 over 28 days.

13.2 Ordinary hours—day workers

(a) Ordinary hours for a day worker may be worked on any or all days, Monday to Friday. Ordinary hours may also be worked on Saturday and Sunday, subject to agreement between the employer and a majority of affected employees, or the employer and an individual employee. If agreement is reached in accordance with clause 13.2(a), the additional rates in clause 20.2 apply.

(b) Ordinary hours of work are to be worked continuously, except for meal and rest breaks, at the discretion of the employer, between the hours of 5.00 am and 5.00 pm. The spread of hours (5.00 am to 5.00 pm) may be altered by up to one hour at either or both ends of the spread, by agreement between an employer and the majority of affected employees, or in appropriate circumstances, between the employer and an individual employee. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause28––Consultation about changes to rosters or hours of work.

(c) The employer and a majority of affected employees may agree that the ordinary hours for a day worker be up to 12 hours per day.

13.3 Ordinary hours—shiftworkers

(a) Ordinary hours for a shiftworker may be worked on any or all days, Monday to Sunday. The ordinary hours are up to 10 hours per day, inclusive of meal breaks.

(b) The employer and a majority of affected employees may agree that the ordinary hours for a shiftworker be up to 12 hours per day, inclusive of meal breaks, worked Monday to Sunday.

(c) Shift notice

(i) An employee must be given at least 48 hours’ notice of a requirement to work shiftwork and any alteration to their hours of work. By agreement between an employer and an employee, the notice requirement may be waived.

(ii) The hours for a shiftworker when fixed may be varied for breakdowns or other causes beyond the control of the employer.

(iii) See clause 28—Consultation about changes to rosters or hours of work.

20. Penalty rates

[Varied by PR747390]

20.1 Definitions

For the purposes of this award:

(a) Early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am; and

(b) Afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight; and

(c) Night shift means a shift finishing after midnight and at or before 8.00 am; and

(d) Permanent night shift employee is an employee who:

(i) works night shift only; or

(ii) stays on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

20.2 An employee will be paid the following rates for all ordinary hours worked during the following periods.

Ordinary hours worked on: | % ordinary hourly rate

Monday to Friday—shiftworkers |

Early morning shift | 110

Afternoon shift or night shift | 115

Permanent night shift | 125

Weekend work—all employees (including shiftworkers) |

Saturday | 150

Sunday | 175

Public holiday | 250

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

20.3 A shiftworker who is required to work on a public holiday must be paid for a minimum of 4 hours.

[New 20.4 inserted by PR747390 ppc 14Nov22]

20.4 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 20.3.

[20.4 renumbered as 20.5 by PR747390 ppc 14Nov22]

20.5 A shiftworker who is required and works overtime must be paid overtime in accordance with clause 19—Overtime.

Part 6—Leave, Public Holidays

28. Consultation about changes to rosters or hours of work

28.1 Clause 28 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

28.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

28.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 28.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.