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