Australian National University Enterprise Agreement 2003-2006

Part Three — Employment Conditions | Section 2 — Hours of Work and Workloads

28. Shift Work

28.1 General application

28.1.1 A shift worker is a staff member who is required by the University to work on a regularly rostered basis outside the normal span of hours.

28.1.2 Where shift work is required, the University will provide a shift work roster. Rostered times must not be changed unless at least 7 days notice is given to the staff member concerned, except that in circumstances beyond the control of the University, the shifts on a roster may be changed with 48 hours' notice or by mutual consent between a staff member and supervisor.

28.1.3 Subject to the provisions of clause 27, time worked by a shift worker outside the rostered hours of work for a shift on any day will be paid at overtime rates.

28.1.4 Places in a shift roster may be interchanged by mutual agreement between the staff members concerned and the supervisor.

28.1.5 Subject to the provisions of clause 27, where less than 7 days notice has been given, and a staff member is required to work on a rostered day off, the staff member will be paid overtime for the time worked on that day.

Shift work coinciding with daylight savings changeover
28.1.6 Where a staff member is performing shift work during the daylight savings changeover from standard time to summer time, the staff member will be paid for a full shift, and no less.

28.1.7 Where a staff member is performing shift work during the daylight savings changeover from summer time to standard time, the staff member will be paid for a full shift, and no more.

28.2 Shift work — staff other than those employed in the Hospitality stream

28.2.1 For the purpose of sub-clauses 28.2.3 and 28.2.4, shifts are defined as follows:

28.2.1(a) 'Morning shift' means a shift which commences at or after 4.00am but before 6.00am and finishes at or before midday;

28.2.1(b) 'Afternoon shift' means a shift which finishes after 6.00pm (except, for cleaners and security staff, in which case the finishing time is after 7.30pm) but not later than midnight; and

28.2.1(c) 'Night shift' means a shift which finishes after midnight but not later than 8.00am.

28.2.2 The normal hours of work of a staff member engaged on shift work must not exceed 35 per week when averaged over a cycle of shifts.

28.2.3 Subject to sub-clauses 28.2.4 and 28.2.5, a staff member who works shift work will be entitled to penalty rates in accordance with the following table:

* These rates are inclusive of and not additional to the casual loading referred to in sub-clause 12.3.

28.2.4 A part-time, Library, shift worker will not be paid the shift rates provided in sub-clause 28.2.3, but will be paid at the rate of 115% for shift work required, and performed during any shift as defined in sub-clause 28.2.1 and for any rostered shift work performed on a Saturday or Sunday (other than a public holiday).

28.2.5 A staff member employed in one of the following categories will not be paid the shift rates provided in sub-clause 28.2.3, but will be paid at the rate of 100% for work required, and performed, during any shift as defined in sub-clause 28.2.1 and for any rostered shift work performed on a Saturday or Sunday (other than a public holiday):

28.2.5(a) examination invigilators;

28.2.5(b) field interviewers;

28.2.5(c) staff members employed at the Drill Hall Gallery or the ITA Gallery; or

28.2.5(d) casual staff members employed in the Library.

28.2.6 A staff member referred to at paragraph 28.2.5(d) will receive the casual loading referred to at sub-clause 12.3 for shift work required, and performed, during any shift as defined in sub-clause 28.2.1 or shift work performed on a Saturday or Sunday (except a public holiday).

28.3 Shift work - staff members employed in the Hospitality stream

28.3.1 Monday to Friday

28.3.1(a) Staff members rostered on a shift to commence before 6.30am or finish after 7.30pm on any day, Monday to Friday inclusive, shall be paid at the following rates:

28.3.1(b) Any staff member who is regularly rostered for at least 6 hours duty after 10.30pm or who is regularly rostered to commence shifts at or before 4.00am shall be paid at the following rates:

* These rates are inclusive of and not additional to the casual loading referred to in sub-clause 12.3.

28.3.2 For the purpose of paragraph 28.3.1(b) the term 'regularly rostered' applies to the situation where the staff member does not rotate or alternate with other employees on day work so as to give at least 1/3rd of the staff member's working time off night shift.

28.3.3 Weekends and Public Holidays

* These rates are inclusive of and not additional to the casual loading referred to in sub-clause 12.3.

28.3.4 The normal hours of work of a staff member employed in the Hospitality Stream at University House must not exceed 38 per week when averaged over a cycle of shifts.

28.4 Annualised shift allowance

A security officer working within the John Curtin School of Medical Research and Facilities and Services Division, or any other area of the University where it is agreed by the manager and the staff that annualised arrangements should apply, will be paid an annual allowance in lieu of all shift entitlements, as specified in S4.8 of Schedule 4.

28.5 Circumstances where shift penalty rates are payable or not payable

28.5.1 The rates in sub-clauses 28.2 and 28.3 will not be payable for overtime hours (in which case the rates specified in clause 27 will apply), or where an annualised shift allowance is paid in lieu of penalty rates.

28.5.2 A shift worker who is on annual leave will, for the period of the leave, continue to be paid the loading that he or she normally receives.

28.5.3 Except for those on annualised shift allowances, a shift worker who is on the personal leave provided for in paragraph 36.2.1(a) or long service leave will, for the period of the leave, not be paid the loading which he or she normally receives.

28.6 Trainees

A trainee will not work shift work unless the relevant parties agree that such shift work makes provision for approved training.

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