Penalty if constraint is exceeded: Overtime at 1.5 x 2 hours, then 2x Type of hours: Shift with sleepover (sleepover does not break shift) Constraints under award: Span 6:00 am 8:00 pm – Penalty if constraint is exceeded: 12.5 or 15% shift loading applies Type of hours: Breaks between shifts Constraints under award: Break for ordinary shifts and broken shifts - 10 hours Penalty if constraint is exceeded: Award breach potential fines – Type of hours: Breaks between shifts Constraints under award: Break for sleepover 10 or, by agreement, 8 hours Penalty if constraint is exceeded: Award breach potential fines – Type of hours: Breaks between shifts Constraints under award: Break where overtime was worked previous shift 10 hours Penalty if constraint is exceeded: Overtime 2x until 10 hour break Payment of penalty rates for overtime may be substituted with TOIL on the basis of time for time if mutually agreed in advance. Where more than one penalty could apply, the higher penalty applies in substitution for any other penalty. Appendix 3: Abbreviations BOOT Better Off Overall Test EA Enterprise Agreement ERO Equal Remuneration Order FWC Fair Work Commission
Penalty if constraint is exceeded: Overtime at 1.5 x 2 hours, then 2x Type of hours: Shift with sleepover (sleepover does not break shift) Constraints under award: Span 6:00 am – 8:00 pm Penalty if constraint is exceeded: 12.5 or 15% shift loading applies Type of hours: Breaks between shifts Constraints under award: Break for ordinary shifts and broken shifts - 10 hours Penalty if constraint is exceeded: Award breach – potential fines Type of hours: Breaks between shifts Constraints under award: Break for sleepover 10 or, by agreement, 8 hours Penalty if constraint is exceeded: Award breach – potential fines Type of hours: Breaks between shifts Constraints under award: Break where overtime was worked previous shift 10 hours Penalty if constraint is exceeded: Overtime 2x until 10 hour break Payment of penalty rates for overtime may be substituted with TOIL on the basis of time for time if mutually agreed in advance. Where more than one penalty could apply, the higher penalty applies in substitution for any other penalty. Appendix 3: Abbreviations BOOT Better Off Overall Test EA Enterprise Agreement ERO Equal Remuneration Order FWC Fair Work Commission
Accessible_Flexible_Employment_Practices_Guide_April_15.docx