Common use of Night Shift Work Clause in Contracts

Night Shift Work. (i) Notwithstanding anything elsewhere contained in this Agreement, it is agreed that an employer, may employ employees on night shift in accordance with the provisions of this clause. (ii) Night shift" is defined as any shift commencing at or between 11.00pm and 4.00am. (iii) The ordinary hours of night shift employees shall not exceed 36 in any week and will be worked in accordance with subclause 17.1. Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer. No employee shall be required to work longer than five hours without a break for a meal. Such meal break shall be counted as time worked. Thirty minutes shall be allowed as a break for a meal. A night shift employee shall be allowed a rest period between the start of work and the meal break and a second rest period between the resumption of work after the meal break and the end of the shift. Each rest period is to be of fifteen minutes duration and are to be taken at such times as may be mutually arranged between the employer and the employees, such breaks to be counted as time worked. Provided that neither rest periods shall be allowed within one hour of normal commencement and/or cessation of work. The commencing and finishing times of ordinary hours of night shift employees shall be notified by the employer at least fourteen days prior to the commencement of the shift. (iv) A night shift employee shall be paid a 35% loading in addition to the ordinary rate. (v) The minimum rate to be paid to a night shift employee for work performed between midnight on Friday and midnight on Saturday shall be the rate for overtime work as prescribed in Clause 20 of this Agreement. (vi) Night shift employees, for all time worked in excess of or outside the ordinary working hours prescribed by this clause or on a shift other than a rostered shift shall be paid under the provisions of Clause 20 and Clause 15.1 of this Agreement. When overtime work is necessary it shall be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least ten consecutive hours off duty between those times shall be released after completion of such overtime until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. (vii) Night shift employees, for all time worked on a Sunday or holiday, shall be paid the rates prescribed by Clause 21 of this Agreement. 19.2 For all purposes of administering this clause, a public holiday shall be deemed to be the day on which the normal shift would have been worked. An employee shall not be required to work more than one shift in each 24 hours.