Recticals
(a) The employer provides security services in the security services industry.
(b) The security services industry operates 24 hours a day, seven days a week and 12-hour shifts are a ubiquitous feature of the industry throughout Australia.
(c) The employer wishes to roster the employee for shifts of up to 12 ordinary hours when necessary to provide flexibility in its operations.
(d) The employee hereby consents to working shifts of up to 12 ordinary hours which are not subject to overtime rates.
Operative Part
1. Interpretation
This agreement is governed by the law of Victoria, and the parties submit to the non-exclusive jurisdiction of the courts of that State.
In the interpretation of this agreement:
(a) References to legislation or provisions of the legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
(c) Grammatical forms of defined words or phrases have corresponding meanings;
(d) Parties must perform their obligations on the dates and times fixed by reference to the capital city of Melbourne;
(e) Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
(f) If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
(g) References to a party are intended to bind their executors, administrators and permitted transferees;
(h) Obligations under this agreement affecting more than one party bind them jointly and each of them severally.
2. Definitions
In this agreement, unless the context otherwise requires:
(a) Award means the Security Service Industry Award 2020
(b) Confidential information means all information in whatever form be it oral, in writing or electronic concerning the business of the employer or any related entity that is likely to damage the business of the employer or related entity if disclosed to a third party but does not include information that is in the public domain or was known to the third party;
(c) Intellectual property means copyright, trademark, patent, design and any other intellectual property rights arising by law;
(d) Nothing in this agreement shall prevent the parties from agreeing in writing to vary any or all of the provisions contained in this agreement.
3. Term
This agreement shall take effect upon the date specified below and shall remain in force until renegotiated or terminated in accordance with its provisions.
4. The Award
(a) The employee is covered by the Security Service Industry Award 2020 (the Award).
(b) Clause 13.3(b) of the Award sets out that the maximum ordinary hours that may be worked on a shift is 10 ordinary hours subject to 13.3(c).*
(c) Clause 13.3(c) of the Award allows the Employer to roster the Employee for up to 12 ordinary hours by agreement between the Employer and the majority of employees at a particular establishment.
5. The Employee Consents to working up to 12 ordinary hours per shift
(a) The employee hereby agrees to work up to 12 ordinary hours per shift.
(b) The employee hereby acknowledges that by making this agreement overtime rates under clause 19.2(c) of the Award will only apply to hours worked in excess of 12 hours.
(c) The employee hereby acknowledges that they will not be paid overtime for the final 2 hours of a 12-hour shift as they will be considered ordinary hours.
6. Policies and procedures
(a) The employee is required to read and comply with employer’s policies and procedures, as may be varied from time to time.
7. Further Employee Acknowledgements
The employee acknowledges and agrees that:
(a) The employee has disclosed to the employer any injuries and/or illnesses previously suffered that may affect an employee’s ability to carry out 12 hour shifts.
(b) The employee has obtained legal advice or has had the opportunity to obtain legal advice in relation to this agreement.
(c) The employee has had the opportunity to be represented by a representative nominated by the employee in any discussion about this agreement.
(d) The use of 12 hour shifts does not in itself constitute unreasonable additional hours under section 62 of the Fair Work Act 2009 (Cth).
8. Supervision
The employee agrees to participate fully in any supervision that shall be conducted by the employer specifically related to the use of 12 hours shifts. The employee will be adequately supervised by the employer on an ongoing basis.
9. Health Monitoring
(a) The employer shall monitor the health of all employees who are working 12 hours shifts.
(b) The employee agrees to notify the employer of any health concerns relating to the working of 12-hour shift at the earliest opportunity.
10. Breaks
(a) The employer will provide adequate breaks as required by the Award.
(b) The employee will notify the employer in writing if at any time they feel they are not being provided with adequate breaks.
11. Variation clause
This agreement may only be amended or varied by written agreement signed by both parties.
