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James D. Ford
James D. Ford, Solicitor
Category: Australia Law
Satisfied Customers: 1601
Experience:  Consulting Principal at Nexus Law Group
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What are my rights in regards to my employment, if I have a

Customer Question

What are my rights in regards ***** ***** employment, if I have a complaint who can I go to and if I feel that the workload is excessive who can I direct this to. My immediate supervisor is the person that I have an issue with, I work in the sugar industry in Queensland
Submitted: 1 year ago.
Category: Australia Law
Expert:  James D. Ford replied 1 year ago.

As you work in the Sugar Industry you will be covered by the Sugar Industry Award 2010 (MA000087).

My recommendation is that you read this award in detail, as it outlines your rights as an employee working in the sugar industry... let me know if you notice any breaches of your entitlements.

http://awardviewer.fwo.gov.au/award/show/MA000087

..

32. Shiftwork

[Varied by PR542207]

32.1 Ordinary hours of work—shiftwork

(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b) By agreement between the employer and the majority of employees concerned,a roster system may operate on the basis that the weekly average of 38 ordinary hours is allowed over a period which exceeds 28 consecutive days but does not exceed 12 months.

(c) Employees terminating prior to taking any banked rostered day(s) off must receive one fifth of average weekly pay over the previous six months multiplied by the number of banked substitute days.

(d) By agreement 12 hour shifts may be rostered.

    ....

    32.3 Ordinary hours of work—continuous shiftworkers

    (a) Continuous shiftwork means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least six consecutive days without interruption except for breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

    (b) Subject to clause 32.3(c),the ordinary hours of continuous shiftworkers are,at the discretion of the employer,to average 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 consecutive days. Continuous shiftworkers are entitled to a 20 minute meal break on each shift which must be counted as time worked.

    (c) Except at the regular changeover of shifts,an employee must not be required to work more than one shift in each 24 hours except where the additional shift is paid for at overtime rates.

    How many night shifts are you working in any given week?

    Kind regards,

    James