From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard). The NES provides the minimum entitlements due to employees covered by the national workplace relations system.
For employees not covered by an award or agreement, a 'shift worker' is defined as an employee who:
- are employed in a business where shifts are continuously rostered 24 hours a day for 7 days a week
- are regularly rostered to work those shifts
- regularly works on a Sunday or public holiday.
For employees covered by a modern award or enterprise agreement, the definition of a shift worker is contained in their modern award or agreement.
Shift workers have some special entitlements and conditions under national workplace relations laws.
Leave
Eligible shift workers are entitled to additional annual leave. As well as the regular amount of annual leave, shift workers are entitled to an additional one week of paid annual leave for each year of service
Conditions of employment
For shift workers, along with their specific conditions of employment, their modern award or enterprise agreement or transitional instrument should cover such things as:
- the minimum number of hours per shift they can be rostered and paid for
- if they're entitled to more money (penalty rates) for working nights, weekends or public holidays, or overtime pay for working outside their regular hours
- when they should take breaks during their shift.
Note: If you're a shift worker and are asked to sign any type of document agreeing to work conditions, make sure you read it very carefully and understand it before signing. Keep a copy for your records.