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Department of Human Services Agreement 2011–2014 [pdf, 1.05mb]

Department of Human Services Agreement 2011–2014 [pdf, 1.05mb]

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(c)<br />

Public Holidays: 15% <strong>of</strong> hourly rate.<br />

F17<br />

SHIFT WORK<br />

F17.1 An employee who performs part or all <strong>of</strong> their rostered hours <strong>of</strong> duty within the hours outlined in<br />

subclause F17.3 on an ongoing basis or for a fixed period (but who is not an employee to whom<br />

clause F9.5 (Limited Operation <strong>of</strong> Extended Hours Trading) applies) will be considered a shift<br />

worker for the purpose <strong>of</strong> this clause F17.<br />

F17.2 The following provisions apply to shift workers unless they are eligible for an entitlement as<br />

outlined in Clause F18 (Grandfathered Shift Provisions).<br />

Payment <strong>of</strong> penalties<br />

F17.3 A shift worker will be entitled to the following penalty rates in respect <strong>of</strong> the shifts that they work<br />

as follows:<br />

Days<br />

Penalty Rates<br />

15% for rostered duty performed on a shift where any part <strong>of</strong><br />

the shift falls between the hours <strong>of</strong> 7:00 pm and 7:00am.<br />

Monday to Friday 30% for rostered duty performed on a shift where an employee<br />

is rostered on shifts for more than four continuous weeks<br />

that fall wholly within the hours <strong>of</strong> 6:00pm and 8:00am.<br />

Saturday 50% for that part <strong>of</strong> a shift that falls between midnight Friday<br />

and midnight Saturday.<br />

Sunday 100% for that part <strong>of</strong> a shift that falls between midnight Saturday<br />

and midnight Sunday.<br />

APS holiday 150% for any part <strong>of</strong> a shift that falls on that day.<br />

Public holidays and<br />

the Saturday<br />

following Good<br />

Friday<br />

150% for any part <strong>of</strong> a shift that falls on that day.<br />

F17.4 The Secretary may approve, in consultation with employees and their representatives, payment<br />

<strong>of</strong> an annual shift allowance in lieu <strong>of</strong> penalty rates. The allowance will be calculated by<br />

averaging the shift conditions (including penalty rates) provided in this clause F17. A shift<br />

allowance under this subclause F17.4 is payable during periods <strong>of</strong> annual leave, but no other<br />

leave.<br />

F17.5 Where an employee attends a training course, or is required to perform duties away from their<br />

usual workplace on a day where they would ordinarily be rostered to undertake a shift, they will<br />

receive the same penalty rates as if they had performed their rostered shift. Where such duty is<br />

undertaken on a day the shift worker is rostered <strong>of</strong>f, overtime is payable.<br />

F17.6 The penalty rates outlined in subclause F17.3 will not be payable where an employee is on<br />

leave, other than annual leave as per clause F17.7.<br />

F17.7 Penalty rates will be payable to an employee who is on annual leave where the penalty for a<br />

shift, had the employee worked, would have been at least 17.5%. Penalties payable for periods<br />

<strong>of</strong> annual leave will be paid at 50% <strong>of</strong> the ordinary penalty rate payable.<br />

F17.8 A shift worker is entitled to be paid overtime for hours worked in addition to their ordinary or<br />

rostered hours <strong>of</strong> duty in accordance with clauses F13 and F14.<br />

Additional annual leave for shift workers<br />

F17.9 A shift worker who is continuously rostered in a roster cycle that operates 24 hours a day for 7<br />

days a week, is regularly rostered to work shifts over this cycle, and who regularly works on<br />

<strong>Department</strong> <strong>of</strong> <strong>Human</strong> <strong>Services</strong> <strong>Agreement</strong> 2011 – 2014 43

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