HSU members at Sylvanvale have recently reported that their broken shift allowance has not been paid, despite members being eligible for this important payment.
Have you been paid correctly for working broken shifts?
The SCHADS Award defines the broken shifts and the allowance payable as:
25.6 (a) Broken shift with 1 unpaid break (i) An employer may only roster an employee to work a broken shift of 2 periods of work with 1 unpaid break (other than a meal break). (ii) An employee rostered to work a broken shift with 1 unpaid break must be paid the allowance in clause 20.12(a).
25.6 (b) Agreement to work a broken shift with 2 unpaid breaks (i) Despite clause 25.6(a),an employer and an employee may agree that the employee will work a broken shift of 3 periods of work with 2 unpaid breaks (other than meal breaks). (ii) An agreement under clause 25.6(b)(i) must be made before each occasion that the employee is to work a broken shift with 2 unpaid breaks unless the working of the 2 break broken shift is part of the agreed regular pattern of work in an agreement made under clause 10.3 or subsequently varied. (iii) An employee who works a broken shift with 2 unpaid breaks must be paid the allowance in clause 20.12(b).
20.12 Broken shift allowance (a) An employee required to work a broken shift with 1 unpaid break in accordance with clause 25.6(a) will be paid an allowance of 1.7% ($18.34) of the standard rate, per broken shift. (b) An employee who agrees to work a broken shift with 2 unpaid breaks in accordance with clause 25.6(b) will be paid an allowance of 2.25% ($24.27) of the standard rate, per broken shift.
For example, if you worked a 6am – 2pm shift and then a 4pm - 8pm shift on the same day, you would be entitled to an $18.34 broken shift allowance.
Members are encouraged to check your payslips to see if you have been paid the allowance on rosters where they have worked a broken shift.
If you believe you or your workplace haven’t been paid the broken shift allowance, please contact your organiser Emmett Gray at [E-Mail not displayed] or on 0499 919 355.
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