An employee employed under Horticulture Award 2010, Level 1.

Hi, just reading your query...

Can you please advise, does he normally always finish at 8.30pm, or is this an irregular finish time?

OK, I am just looking at the award.. I will stop the timer...

Based on my understanding of the award... you set down the normal shift, which finishes at 4.30pm (and this is called the DAY SHIFT).

According to section 22.2

(h) All time worked in excess of the ordinary hours will be deemed overtime.

By the time the employee reaches 4.30pm, they would normally finish, and have already worked their ordinary hours.

Any time worked after 4.30pm is deemed overtime.

Further note the condition that...

(c) If an employee is directed to work on shifts the shift must not exceed eight hours without the payment of overtime.

Kind regards, James.

Yes... however also note...

24.3 Meal allowance

[24.3 varied by PR998036,PR509181,PR523011,PR536814,PR551737 ppc 01Jul14]

An employee required to work overtime for more than two hours after the employee’s ordinary ceasing time without having been notified before leaving work on the previous day that the employee will be required to work overtime,will be entitled to a payment of $11.55 for each meal not supplied or will be provided a suitable meal without cost. If the work extends into a second or subsequent meal break,this meal allowance will again apply.

In my opinion no... as the employee was late for work, they cannot take advantage of their own tardiness, otherwise all employees would catch on and they would all arrive late for work....

With shiftworkers... take note of the following - fyi...

(e) Where shiftwork is adopted,shifts will,as far as practicable,rotate regularly where two shifts are worked one will be regarded as day shift and the second the afternoon or night shift. Where three shifts are worked they will be divided into day,afternoon and night shifts.

(f) The employer has the right to decide before the commencement of such shiftwork which of the shifts will be the day shift and will notify each employee accordingly.

(g) The employer will keep a roster at the workplace that specifies the times which each shift will commence and finish and which shifts are deemed to be day shift.

Please accept and rate my response, cheers, James.