Remember, your award clearly defines that: 

• ‘Day Worker’ means an employee whose weekly ordinary hours of work are performed between 7am and 7pm within the days Monday to Friday inclusive.
• ‘Shift worker’ means an employee whose ordinary weekly hours of work are performed in accordance with a roster that regularly includes Saturdays, Sundays and Public Holidays.

 
You can’t be paid as a day worker (base pay) unless you meet all the criteria for that, including all of the following elements, the ‘Span of Hours’: 

• Work Monday to Friday only.
• Work between 7am and 7pm only.
• Work a period of duty not exceeding 9 hours duration, plus an unpaid meal break not exceeding 1 hour.
• No requirement to work on public holidays.

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Day workers who work outside the span of hours must be paid OT for all those hours and must get a meal break every 5 hours, no ifs or buts.

You can’t be rostered to work outside day work hours without consent, especially if you’ve taken up this pattern of work to have a family friendly roster. You have an expectation to finish work on time and you can’t be forced to extend work.

Day workers, part-time and full-time, should not be excluded from working available OT shifts but day worker OT provisions apply, which can mean OT rates will only be paid for hours outside the day work span of hours.

Working an extra day shift is likely to be at ordinary base rates unless 38 hour weeks are exceeded.

Offer and acceptance can apply, so if you say you’ll only do it on OT and that’s agreed then that’s what should be paid – get a confirmation email.

Individual flexibility arrangements can be established to vary terms and conditions, seek help from us if you plan to make an IFA.

If you have been incorrectly paid base pay only, you should contact our assist team on 1300 880 032 or assist@hacus.org.au and let them know you’ve been paid incorrectly.