The Western Australian Industrial Relations Commission recently dealt with a significant dispute concerning minimum break requirements for workers completing overtime after 12-hour shifts.

The case centred on interpreting specific clauses within an industrial agreement that established different break entitlements for various shift patterns.

The workers' union argued that employees completing 12-hour shifts followed by overtime work must receive 12-hour breaks between successive shifts, except in extreme emergency situations.

The employer disagreed, arguing that workers could voluntarily accept reduced 10-hour breaks when choosing to work overtime between successive 12-hour shifts.

Workers’ shift break entitlements

Workers employed on a full-time basis in this case were prison officers who worked in rostered patterns of either 8, 10, or 12-hour shifts under the Department of Justice Prison Officers' Industrial Agreement 2022.

The standard roster provisions required "at least eight hours between the ceasing of one shift and the commencement of the next shift except in the case of Officers working 12 hour shifts where the break shall be 12 hours."

All full-time officers, except those undergoing Entry Level Training Program (ELTP), were required to work reasonable overtime beyond their rostered ordinary hours.

This overtime requirement operated under clause 26.3 of the agreement, which stated that officers "are required to work reasonable Overtime in addition to their...

Read Full Story: https://news.google.com/rss/articles/CBMiwAFBVV95cUxNaUtzUFJYMFUtRjhWOVZnVExU...