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.

10. Part-time employees

10.1 A part-time employee:

(a) is engaged to work less than 38 ordinary hours per week; and

(b) has reasonably predictable hours of work of not less than 4 consecutive hours on any day; and

(c) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

10.2 At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work specifying at least:

(a) the hours worked each day;

(b) which days of the week the employee will work;

(c) the actual starting and finishing times of each day; and

(d) that the minimum daily engagement is 4 hours.

10.3 Clause 10.2 does not apply to a meat processing establishment, except for employees of the establishment engaged in retail and/or wholesale sales of fresh meat and/or meat products and any ancillary products.

10.4 The terms of any agreement concerning part-time employment or any agreed variation to the hours of work will be in writing, with a copy retained by the employer and a copy provided to the employee.

10.5 All time worked in excess of the hours as mutually agreed will be overtime.

10.6 A part-time employee employed under the provisions of clause 10 will be paid for ordinary hours worked at the minimum hourly rate prescribed in clause 16—Minimum rates.

12. Casual employees

[Varied by PR724002, PR733854, PR777289]

[12.1 substituted by PR733854 from 27Sep21]

12.1 This clause does not apply to daily hire employees engaged pursuant to clause 11.

12.2 A casual employee will perform such work as the employer requires during the period of the engagement.

12.3 Subject to clause 12.2, the minimum period of engagement of a casual employee will be 4 hours each day or shift, which may be comprised of hours within or outside the span of ordinary hours provided for in this award.

[12.4 deleted by PR733854 from 27Sep21]

[12.5 renumbered as 12.4 by PR733854 from 27Sep21]

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

[12.6 renumbered as 12.5 by PR733854 from 27Sep21]

12.2 The minimum period of engagement for a casual cleaner employed to clean premises in any establishment may be 2 hours on any day or shift. The minimum period of engagement for a casual clerk employed as a bookkeeper may be 3 hours on any day or shift. The hours for casual cleaners or casual clerks may also be within or outside the span of ordinary hours.

[12.7 renumbered as 12.6 by PR733854 from 27Sep21]

12.3 Casual employees will be paid at the termination of each engagement or in accordance with the arrangements set out in clause 17.1.

[12.8 deleted by PR733854 from 27Sep21]

12.4 Casual loading

[12.9 substituted by PR724002 ppc 20Nov20; 12.9 renumbered as 12.7 by PR733854 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid a rate made up of:

(i) the minimum hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the minimum hourly rate.

(b) The casual loading will not be paid for overtime hours worked.

[12.10 deleted by PR724002 ppc 20Nov20]

[12.11 renumbered as 12.10 by PR724002; 12.10 renumbered as 12.8 by PR733854 from 27Sep21]

12.5 A casual employee employed on shiftwork will, in addition to the casual loading set out in clause 12.4, be paid the appropriate shift rate based on the minimum hourly rate excluding the casual loading.

[12.12 renumbered as 12.11 by PR724002; 12.11 renumbered as 12.9 by PR733854 from 27Sep21]

12.6 A casual employee who works ordinary hours on a Saturday or Sunday, where ordinary hours are permitted by this award, does not receive the rate set out in clause 12.4 but receives, instead, the appropriate weekend penalty rates set out in clause 24—Penalty rates.

12.7 Changes to casual employment status

[12.13 renumbered as 12.12 by PR724002; 12.12 renumbered as 12.10 and renamed and substituted by PR733854; renamed and substituted by PR777289 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 34—Dispute resolution.

12.8 Right to request conversion to daily hire employment in meat processing establishments

[12.14 renumbered as 12.13 by PR724002; 12.13 renumbered as 12.11 and renamed and substituted by PR733854 from 27Sep21]

(a) A person engaged by a particular employer as a regular casual employee in a meat processing establishment may request that their employment be converted to daily hire or part-time daily hire employment.

(b) A regular casual employee for the purpose of subclause 12.8 is a casual employee employed in accordance with clause 12 who has over the preceding 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time, part-time or daily hire employee (including part-time daily hire employee) under the provisions of this award.

(c) A regular casual employee may request to have their casual employment converted to the category of daily hire employment corresponding to the pattern of hours the employee has worked over the period referred to in clause 12.8(b).

(d) Any request under clause 12.8 must be in writing and provided to the employer.

(e) Where a regular casual employee seeks to convert to daily hire or part-time daily hire employment, the employer may agree to or refuse the request. The request may only be refused on reasonable grounds and after consultation with the employee.

(f) Reasonable grounds for refusal may include:

(i) that it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a daily hire or part-time daily hire employee in accordance with the provisions of this award – that is, the casual employee is not a true regular casual employee as defined in clause 12.8(b);

(ii) that it is known, or reasonably foreseeable, that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) that it is known, or reasonably foreseeable, that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months, other than where daily hire is in operation and the reduction in hours is due to seasonal factors; or

(iv) that it is known, or reasonably foreseeable, that there will be a significant change in the days and times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(g) For any ground of refusal to be reasonable it must be based on facts that are known or reasonably foreseeable.

(h) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(i) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 34—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(j) Where it is agreed that a regular casual employee will have their employment converted to daily hire or part-time daily hire employment as provided for in clause 12.8, the employer and employee must discuss and record in writing the form of employment to which the employee will convert—that is, daily hire or part-time daily hire employment.

(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(l) Once a regular casual employee has converted to daily hire or part-time daily hire employment, the employee may only revert to casual employment with the written agreement of the employer.

(m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 12.8.

(n) Nothing in clause 12.8 obliges a regular casual employee to convert to daily hire or part-time daily hire employment, nor permits an employer to require a regular casual employee to so convert.

(o) Nothing in clause 12.8 requires an employer to increase the hours of a regular casual employee seeking conversion to daily hire or part-time daily hire employment.

(p) An employer must provide a casual employee employed in accordance with clause 12, whether a regular casual employee or not, with a copy of the provisions of clause 12.8 within the first 12 months of the employee’s first engagement to perform work.

(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 12.8(p).

22. Overtime

[Varied by PR724002, PR763258]

22.1 Entitlement to overtime and payment

(a) All time worked outside ordinary working hours on any day as prescribed in clauses 14.1 to 14.6 (or in the case of a shiftworker, outside the hours rostered as ordinary shiftwork hours in accordance with clause 14.7) will be deemed to be overtime and be paid 150% of the employee’s minimum hourly rate for the first 3 hours and 200% thereafter.

(b) All overtime worked on a Sunday in meat processing establishments must be paid at 200% of the employee’s minimum hourly rate with a minimum payment of 4 hours.

[22.1(c) inserted by PR724002 ppc 20Nov20]

(c) The casual loading prescribed by clause 12.4(a)(ii) will not be paid for overtime hours worked.

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

22.2 Time off instead of payment for overtime

(a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

EXAMPLE: By making an agreement under clause 22.2 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 hours’ time off.

(c) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(d) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 22.2 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.2(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 22.2 will apply for overtime that has been worked.

[Note varied by PR763258 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 22.2 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.2.

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.