20. Penalty rates

[Varied by PR747390]

20.1 Definitions

For the purposes of this award:

(a) Early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am; and

(b) Afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight; and

(c) Night shift means a shift finishing after midnight and at or before 8.00 am; and

(d) Permanent night shift employee is an employee who:

(i) works night shift only; or

(ii) stays on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

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

Ordinary hours worked on: | % ordinary hourly rate

Monday to Friday—shiftworkers |

Early morning shift | 110

Afternoon shift or night shift | 115

Permanent night shift | 125

Weekend work—all employees (including shiftworkers) |

Saturday | 150

Sunday | 175

Public holiday | 250

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

20.3 A shiftworker who is required to work on a public holiday must be paid for a minimum of 4 hours.

[New 20.4 inserted by PR747390 ppc 14Nov22]

20.4 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 20.3.

[20.4 renumbered as 20.5 by PR747390 ppc 14Nov22]

20.5 A shiftworker who is required and works overtime must be paid overtime in accordance with clause 19—Overtime.

Part 6—Leave, Public Holidays

26. Public holidays

[Varied by PR747390]

26.1 Public holidays are provided for in the NES.

26.2 Where an employee works on a public holiday they will be paid in accordance with clauses 19.2 or 20.2.

26.3 Substitution of public holidays by agreement

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

[26.4 deleted by PR747390 ppc 14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774786 from 01Jul24]