14. Ordinary hours of work and rostering

14.1 Ordinary hours and roster cycles

(a) The ordinary hours of work for a full-time employee must not exceed 38 hours per week or an average of 38 hours per week not exceeding 152 hours in 28 days.

(b) The ordinary hours of work for a part-time or casual employee will be in accordance with clause 10—Part-time employees and clause 12—Casual employees.

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

(d) The ordinary hours of work must be worked continuously at the discretion of the employer, except for meal breaks or other breaks prescribed in the award.

(e) The maximum number of ordinary hours which may be worked on any day or shift must not exceed 10 hours.

(f) Any hours worked outside the spread of hours listed must be paid at overtime rates.

14.2 Cleaners

Regardless of the spread of hours in clauses 14.3(a), 14.4(a) or 14.5(a), cleaners may be employed to work ordinary hours between 6.30 am and midnight in any establishment under this award. A cleaner may be entitled to a payment under clause 24.4.

14.3 Meat processing establishments (except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Subject to clause 14.3(b), ordinary hours for these establishments are worked between:

Days | Spread of hours

Monday to Friday | 6.00 am–8.00 pm

(b) Where the employer and a majority of affected employees agree, ordinary hours may be worked on Saturday and Sunday. Agreement in this respect may also be reached between the employer and an individual employee.

(c) Payment for ordinary hours on weekends in accordance with clause 14.3(b) is provided in accordance with clause 24.1.

(d) The spread of hours may be altered by up to one hour at either side of the spread by agreement between:

(i) the employer and the majority of employees concerned; or

(ii) in appropriate circumstances, between the employer and an individual employee.

(e) Any work performed by an employee prior to the commencement of the spread of hours and which is continuous with the normal ordinary hours for the purpose, for example, of getting the plant in a state of readiness for processing work, may be regarded as part of the employee’s ordinary hours of work.

(f) Where an employee of the establishment is engaged in retail and/or wholesale of fresh meat and/or meat products and any ancillary products, clause 14.3 will not apply and clause 14.5 will apply to the employee.

14.4 Meat manufacturing establishments (except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Ordinary hours for these establishments are worked between:

Days | Spread of hours

Monday to Saturday | 6.00 am–6.00 pm

(b) In addition, up to 4 ordinary hours may be worked by an employee on Saturday between the hours of 6.00 am and 6.00 pm.

(c) Payment for ordinary hours worked on Saturday is provided in accordance with clause 24.2(a).

(d) Where an employee of the establishment is engaged in retail and/or wholesale of fresh meat and/or meat products and any ancillary products, clause 14.4 will not apply and clause 14.5 will apply to the employee.

14.5 Meat retail establishments (including employees of meat processing establishments and meat manufacturing establishments engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Ordinary hours for these establishments are worked between:

Days | Spread of hours

Monday to Friday | 4.00 am–9.00 pm

Saturday | 4.00 am–6.00 pm

Sunday | 8.00 am–6.00 pm

(b) Payment for ordinary hours on weekends will be in accordance with clause 24.3.

(c) Load out areas

Notwithstanding clause 14.5(a), in load out areas involving the receipt, storage, inspection, load out and delivery of meat or meat products, the ordinary hours may be worked between 10.00 pm and 4.00 pm (the following day), Sunday to Saturday. Payment will be in accordance with clause 24.3(d).

(d) Weekends off

Once every 4 weeks, an employee who works ordinary hours on each Sunday over a 152 hour work cycle must be given 3 consecutive days off which will include Saturday and Sunday. Any alternative arrangements between the employer and the employee must be by mutual agreement and in writing and signed by each of the parties.

(e) Spread of hours for particular employees performing meat retail establishment duties

Where an employee of an establishment covered by this award is called upon to perform meat retail establishment duties, the hours of work provisions for the employee will be all the provisions associated with a meat retail establishment as contained in clause 14.5.

14.6 Methods of arranging ordinary working hours

(a) Clause 14.6 applies to all establishments.

(b) Matters upon which agreement may be reached include:

(i) how the hours are to be averaged within a work cycle established;

(ii) the duration of the work cycle for day workers provided that such duration does not exceed 3 months;

(iii) rosters which specify the starting and finishing times of working hours;

(iv) a period of notice of a rostered day off which is less than 4 weeks;

(v) substitution of rostered day off;

(vi) accumulation of rostered days off;

(vii) arrangements which allow for flexibility in relation to the taking of rostered days off; and

(viii) arrangements of ordinary hours overall.

14.7 Rostering

(a) The employer must post a roster in the premises, showing the starting and finishing times for ordinary hours for employees.

(b) Starting and finishing times appearing on the roster will be for a period which is not less than one week in length.

(c) This roster may be amended by the employer provided 36 hours’ notice is given. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause 32—Consultation about major workplace .

14.8 Make-up time

An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.

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.

24. Penalty rates

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

24.1 Meat processing establishments (except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

Where agreement is reached in accordance with clause 14.3(b) ordinary hours may be worked on weekends at the following rates:

(a) Saturday

An employee will be paid 150% of the minimum hourly rate for ordinary hours worked between midnight Friday and midnight Saturday.

(b) Sunday

An employee will be paid 200% of the minimum hourly rate for ordinary hours worked between midnight Saturday and midnight Sunday.

24.2 Meat manufacturing establishments (except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Saturday

(i) An employee who works up to 4 ordinary hours on Saturday in accordance with clause 14.4(b) will be paid 125% of the minimum hourly rate for those ordinary hours worked on Saturday.

(ii) Casuals working ordinary hours on Saturday receive the rate outlined in clause 24.2(a)(i) instead of the rate referred to in clause 12.4.

24.3 Meat retail establishments (including employees of meat processing establishments and meat manufacturing establishments engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products)

(a) Saturday

An employee will be paid 125% of the minimum hourly rate for all ordinary hours worked on a Saturday between 4.00 am and 6.00 pm.

(b) Sunday

An employee will be paid 150% of the minimum hourly rate for all ordinary hours worked on a Sunday between 8.00 am and 6.00 pm.

(c) Casual weekend rates

A casual employee working ordinary hours on a weekend will be paid the appropriate penalty rate in accordance with clauses 24.3(a) or 24.3(b) instead of the rate in clause 12.4.

(d) Load out areas

An employee working in a load out area in accordance with clause 14.5(c) will be paid 125% of the minimum hourly rate for ordinary hours worked between 10.00 pm and 6.00 am.

24.4 Cleaners

(a) A cleaning employee will be paid 105% of the minimum hourly rate for ordinary hours worked commencing after 8.30 am and before 12.00 noon.

(b) A cleaning employee will be paid 112.5% of the minimum hourly rate for ordinary hours worked commencing at 12.00 noon or later and finishing at or before midnight.

24.5 Payment for work on public holidays

Payment for work on public holidays will be in accordance with clause 31.3.

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

Part 6—Leave and Public Holidays