Employees other than oil distribution workers

The ordinary spread of hours for a day worker is between 5.30am and 6.30pm.

Day workers in a depot, yard or garage can agree to change the spread of hours by up to 1 hour at either or both ends.

For example, the ordinary spread of hours could be changed at both ends to 4.30am to 7.30pm, or changed at one end to 5.30am to 7.30pm. The spread of hours can also be shifted by up to one hour, for example to 6.30am to 7.30pm.

Agreement can be reached between an employer and:

• an individual employee, or
• the majority of employees affected.

Day shift workers have the same spread of hours.

A day worker doesn't receive shift worker entitlements such as a paid meal break.

To decide whether an employee is a day worker or a day shift worker, the business needs to be considered as a whole.

Example

Glenn works for a transport company, driving a small delivery van. He works from 6am to 2.30pm, Monday to Friday, and has an RDO every 4 weeks.

Because Glenn only works daytime hours from Monday to Friday, he is a day worker, not a day shift worker.

Glenn’s friend Albert works for a different transport company that operates 24 hours a day. Albert works a regular rotation of day, afternoon and night shifts.

Because Albert works rotating shifts, he is a shift worker. This means he gets a paid meal break on all his shifts, including the day shifts.

Work outside of the ordinary spread of hours

Some types of work can be performed outside of the ordinary spread of hours.

Some day workers can start work between 12.01am and 6am, Monday to Friday. This includes employees who:

• deliver daily newspapers
• deliver meat for human consumption from meatworks to butchers
• deliver poultry from farms to processing plants
• are employed by a fish, fruit or vegetable store to do deliveries.

These employees get paid 130% of their ordinary hourly rate for hours worked on those shifts.

Oil distribution workers

The ordinary spread of hours for an oil distribution worker is between 6.30am and 5.30pm, Monday to Friday.

For most employees, the spread of hours can’t be changed unless agreed as part of an individual flexibility agreement.

Employees engaged in rural distribution operations can agree with their employer for their hours to be rostered over any 3 consecutive days, Monday to Saturday. Agreement must be reached between an employer and the majority of affected employees.

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