What does a day’s work actually mean and what are the maximum hours in a

What does a day’s work actually mean and what are the maximum hours in a shift?

By Warwick Ryan, Partner, Hicksons Lawyers

A FAIR DAY’S work for a fair day’s pay is the basis for large portions of the Australian

Workplace Relations system, and the way many businesses approach their work week. But what does a fair day’s work really look like? Like much of our Workplace Relations system, the answer is not completely straight forward. Today’s employers need to ask themselves important question including: - What are the maximum number of hours an employer can request a staff member works in a single shift? - How long is a working day?

It would be easy to assume that the 8-hour workday is the basic standard, and a couple of extra hours might be OK for a single shift. This is not always accurate. Depending on your industry, modern awards often have specific provisions that determine how long an employee can be required to work and what other requirements or employer obligations come with that.

Excessive Work Hours - A Comparison There is a surprising divide between Awards above what is considered excessive hours. This means that employers need to carefully check the requirements for their business type.

For example, at the one extreme, employees in the Live Performance Industry (Live Performance Award – Production Staff) working longer than standard hours during specific events (like filming shows for reality television) is not at all uncommon. In fact, even though the award specifies the maximum ordinary hours of as 12 hours, employees under this award can be asked to work from 6am to 10pm (14 hours) with some breaks in the middle – all at ordinary hours rates.

By contrast, an administrative employee under the Clerks (Private Sector) Award has a maximum shift length of only 10 ordinary hours, unpaid breaks excluded (that is, you don’t count the breaks when adding up the 10 hours).

Rostering Shifts of More than 12 hours – Can it be Done? While each modern Award will be different (as you can see between the two examples above), most awards limit the number of ‘ordinary hours’ to a maximum of 10 or 12 hours.

Generally, there are no restrictions stopping employers requesting employees working beyond then – except that they will have to pay a premium for it (at overtime rates). In fact, the Building & Construction General Onsite Award contemplates people working up to 20 hours in shift (subject to crib breaks).

Within the Awards, the primary control on employers requiring employees to work long hours is that a minimum ‘break’ between shifts is required. This refers to the minimum amount of time between an employee finishing one shift and starting the next one - usually 10 hours.

However, even this is not mandatory, if the employer is willing to pay an elevated rate (double time or similar) when the employee starts work again the following day.

However, while ‘maximum’ hours are subject to some flexibility, rostering staff for extended periods can have WHS implications. Businesses need to be aware of these implications and establish additional measures for maintaining a safe work environment and managing employee fatigue.

So, before requiring employees to work very long shifts, employers need to consider any potential WHS ramifications for employees of extended long hours. This is especially critical where the employee is travelling before or after the shift. In response, businesses may need to develop a fatigue management plan. For some industries, (for example, the transport industry), fatigue management is highly regulated and employers in these industries should ensure that appropriate policies and procedures are in place.

Given all the aspects to be considered, employers can’t assume that every shift can, or should be, 8 (or more) hours, or that overtime payments are the only cost. Attention to the relevant Awards and some careful reading of the legal requirements can save businesses from exposure to costly claims later.

Warwick Ryan can be contacted at Hicksons Lawyers Email: Warwick.Ryan@ hicksons.com.au

Minister launches Central Coast Regional Plan 2041

CONTINUED FROM PAGE 10 our fast pace of change is expected to accelerate. It is critical to plan now for this growth to ensure the region can supply enough jobs and housing that is affordable for the local population.”

UDIA commends the Regional Plan’s focus on delivering ‘development ready’ housing supply to address the Coast’s growing housing shortage, by having enough sites that are zoned, serviced with enabling infrastructure and have resolved biodiversity considerations. The Regional Plan creates a new Urban Development Program (UDP) Committee for the Central Coast, where the Department of Planning and Environment, Council, government agencies, infrastructure providers and industry will come together to understand the development pipeline and ensure the Coast has enough housing and jobs.

UDIA is pleased that the Regional Plan has been finalised and released. We look forward to helping deliver on its vision for the Central Coast’s growing population.

The Urban Development Institute of Australia (UDIA) NSW is the state’s leading industry body representing the interests of the urban development sector. UDIA brings an evidence-based, solutions-focused approach to advocating for the creation of liveable, affordable, and connected smart cities