39. Continuous work hours—Ordinary hours and roster cycles for shiftworkers

39.1 Application of clause 39

Clause 39 applies to shiftworkers who work on continuous work as defined in clause 39.2.

39.2 Definition of continuous work

Continuous work means work carried on with consecutive shifts for 24 hours on each day for at least 6 days in a row without interruption (other than for breakdowns, for meal breaks or due to unavoidable causes beyond the employer’s control).

39.3 Maximum hours in certain periods

(a) In any 28 day period, a shiftworker working a shift:

(i) is not to work more than 152 ordinary hours; and

(ii) is to average 38 ordinary hours a week, including crib time.

(b) However, the employer and the majority of employees concerned may agree on a roster system that results in the weekly average of 38 ordinary hours being achieved over a period that is longer than 28 days, but no longer than 26 weeks.

39.4 Length of shifts

(a) A shiftworker is to work a shift of up to 8 ordinary hours at the times the employer requires.

(b) A shift may not be longer than 12 ordinary hours.

(c) If a shift is to be longer than 8 ordinary hours, then it is to be agreed by the employer and the majority of employees in the plant, or work section, or sections concerned.

39.5 Frequency of shifts

An employee must not be required to work more than one shift in any 24 hours, except at regular changeover of shifts.

39.6 Crib time for shiftworkers

A continuous work shiftworker is allowed 20 minutes crib time on each shift, which is counted as time worked.

12. Breaks

12.1 The following provisions will apply to all employees other than:

(a) employees engaged in shearing operations, who are entitled to the breaks prescribed in Part 9—Shearing Operations; and

(b) piggery attendants engaged as shiftworkers, who are entitled to the breaks prescribed in Part 7—Pig Breeding and Raising.

12.2 Meal break

(a) A meal break of between 30 minutes and 60 minutes will be allowed each day, to be taken not later than 5 hours after commencing ordinary hours of work.

(b) If there is agreement between the employer and an individual employee, the meal break may be taken at a time agreed.

(c) All work performed on the instruction of the employer during a recognised meal break will be paid for at 200% of the ordinary hourly rate. Payment will continue at this rate until the employee is released for a meal break of not less than 30 minutes.

12.3 Paid rest break

(a) Employees will be allowed a paid rest break of 10 minutes each morning.

(b) If agreement is reached between the employer and employee for an additional rest break, the rest break will be unpaid and in addition to the employee’s ordinary hours of work.