Common use of Shiftwork Clause in Contracts

Shiftwork. 38.1 Shift Penalties (Aged Care and Nursing Classifications only) (a) Employees working afternoon or night shift shall be paid the following percentages in addition to their ordinary rate, for such shift. Provided that Employees who work less than 38 hours per week will only be entitled to the additional rates where their shifts commence prior to 6.00am or finish subsequent to 6.00pm. Afternoon shift commencing after 10:00 a.m. and before 1:00 p.m 10% 35% Afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m 12.5% 37.5% Night shift commencing at or after 4:00 p.m. and before 4:00 a.m 15% 40% Night shift commencing at or after 4:00 a.m. and before 6:00 a.m 10% 35% (b) The shift penalties prescribed in this clause will not apply to shiftwork performed by an Employee on Saturday, Sunday or public holiday where the extra payment prescribed by clause 35 Saturday and Sunday Work and clause 42 Public Holidays applies. (c) The rates for casual Employees in clause 38.1(a) are in substitution for and not cumulative upon the casual loading prescribed in clause 12.5(b). (d) The provisions of this clause 38.1 will not apply to Registered nurse levels 4 and 5. 38.2 Shiftwork (Home Care Classifications only) (a) Definitions: (i) Afternoon shift means any shift which finishes after 8.00 pm and at or before 12 midnight Monday to Friday. (ii) Night shift means any shift which finishes after 12 midnight or commences before 6.00 am Monday to Friday. (iii) A public holiday shift means any time worked between midnight on the night prior to the public holiday and midnight of the public holiday. (b) Following the shift work definitions at clause 38.2(a) above, the following shift penalties apply: Afternoon shift – loading on the ordinary rate of pay for the whole such shift 12.5% 37.5% Night shift - loading on the ordinary rate of pay for the whole such shift 15% 40% Public holiday - loading on the ordinary rate of pay for the part of such shift which is on the public holiday 150% 175% (c) The rates for casual Employees in clause 38.2(b) are in substitution for and not cumulative upon the casual loading prescribed in clause 12.5(b). 38.3 Shiftwork (Health Professionals only) (a) Where the ordinary rostered hours of work of a shiftworker finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid an additional loading of 15% of their ordinary rate of pay. (b) A casual Employee who works shift work as defined in clause 38.3(a) will be paid an additional loading of 40% of their ordinary rate of pay but will not be paid the casual loading of 25%. 38.4 The shift penalties prescribed in this clause 38 will not apply to shift work performed by any Employee on Saturday, Sunday or Public Holidays where the extra payment prescribed in clause 35 Saturday and Sunday Work and clause 42 Public Holidays, apply.