All work performed on a working day beyond the AWS schedule, up to 12 hours per day or more than 40 hours per week, is paid “one and a half hours.” All work that exceeds 12 hours per day is paid in “double time.” In addition, the double paid duration is work done for more than eight (8) hours on working days outside the number of regularly scheduled work days, set by the AWS agreement. For example, if the worker has already worked three 12-hour shifts per week and a fourth day has been invited to work an additional 12-hour position, the worker must be paid twice after 8 hours of work on the fourth day. Hourly employees are entitled to a 30-minute continuous meal for each 5-hour work. Employees in 12-hour shifts are entitled to a second 30-minute meal. They may voluntarily waive their right to one of their two meal schedules only in writing. Since the law requires mutual agreement, an employer cannot require an employee to waive the right to a meal. Provides details on assistance to health services and health care workers considering the implementation of a 12-hour rolling plan agreement. The Attachment A model was developed by the Department and the Australian Seducting Federation (WA) to use it as a starting point to consider a 12-hour rolling board configuration. If the break is not scheduled, the employer must pay the worker an additional hour`s wage at the worker`s normal hourly rate for each day the break is missed. If the employer does not offer a meal break to a worker who works 12 hours a day, the 30 minutes are added as working time. As a result, the worker may be entitled to overtime pay, since the worker has now worked 12 hours and 30 minutes. Any work that goes beyond 12 hours a day is paid twice by the staff. The health labour relations department will facilitate the development, consultation, implementation, revision and renewal of a flexibility agreement.
12 hours of flexibility agreements for RNs and midwives Model (Doc. 62KB) Q: I am employed every hour in a qualified care facility working 12 hours, three days a week. I usually work more than 12 hours per shift and paperwork, but we are not paid for overtime. There are times when I am asked to work a fourth day during the week for an additional 12 hours, but I am not paid for overtime. I can`t take my lunch breaks because I don`t have a dump. What are my rights? If the employer has an AWS agreement with its employees, but requires employees to work fewer hours than stated in the agreement, the work day is treated as if it were not part of the AWS agreement, and all overtime of more than 8 hours must be paid accordingly. This is like a short sentence against the employer. Workers who work 12 hours a day are also entitled to at least three 10-minute breaks. If the worker has not benefited from these leave, the worker is entitled to an additional payment of one hour at the normal rate. If an employee misses both a meal break and a break, the worker is entitled to an additional two-hour pay at the employee`s normal hourly rate.
A: Health care workers often work on schedules officially known as “alternative workweek” (AWS). AWS agreements are implemented by employers who require their employees to work up to 10 or 12 hours per day without additional hourly wages in a 40-hour week. (The implementation of AWS must be agreed by staff according to a legal voting procedure.) Article 8 – Flexibility of Agreements and Clause 26 – Flexibility in WA Health Hours and Service Service – Australian Nursing Federation – Registered Nurses, Midwives, Enrolled (Mental Health) and Enrolled (Mothercraft) Nurses Industrial Agreement 2013 (Agreement) provides for the implementation of 12-hour shift work plans subject to the requirement.