Rights & Responsibilities

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Transport Industry: Working Hours and Rosters

Ordinary Weekly Hours of Work

Full-time employees are able to work an average of 38 hours per week.  This may be averaged over a period not exceeding four weeks.  This may be worked as follows:

• Day workers under the Transport Industry (State) Award work between 5:00am and 6:00pm Monday to Friday.
• Day workers under the Transport Industry - Mixed Enterprises (State) Award work between 7:00am and 6:00pm Monday to Friday. Please note that varied start and finishing times may apply depending upon the goods being carried (refer to Clause 8)
• Total ordinary daily hours do not exceed eight hours.
• Shift workers work shifts for at least a four week period. Total ordinanry daily hours do not exceed eight hours. Shifts may be fixed or in regular rotating periods.

Long Distance Drivers

Long distance work is driving work on return trips that are always in excess of 500 road kilometres.

Employees engaged for the specific purpose of regularly performing long distance work may be paid a kilometre rate rather than the usual wages and overtime method.  However, a long distance driver must receive a minimum of 30% per week above the appropriate classification weekly wage rate.

A long distance driver is also paid for any time worked loading or unloading a vehicle at the appropriate classification hourly rate.  If loading and unloading is performed outside the ordinary span of hours on Monday to Friday or on weekends the appropriate overtime or weekend penalty rates apply.

All loading and unloading duties performed in excess of eight hours are paid as overtime.

Application of the 38-hour Week

Full-time employees are able to work an average of 38 hours per week. This may be worked as one of the following options:

• a 19-day month
• four x eight hour shifts and one x six hour shift per week
• 76 hours over two weeks where nine and a half hour shifts are worked
• rostered days off accumulated up to a maximum of ten over a 40 week period

Other methods of implementing an average 38 hour week may be instituted by arrangement with the Transport Workers Union.

Rosters (starting and finishing times)

Permanent employees are entitled to seven days notice of a change of rostered hours or location of work.

However, if reasons for the change are beyond the control of the employer then notice can be given the previous day.

Under the Transport Industry - Mixed Enterprises (State) Award in the case of an emergency, a shorter notice period for a roster change may be given by agreement with the employee affected.

Overtime

Overtime is paid to all employees when they work outside their ordinary hours, which is in excess of 38 hours in a week or in excess of eight hours per day.

The overtime rate is one and a half times (150%) the hourly rate for the first two hours and double (200%) the rate after that.  On a Sunday, all overtime is paid at double time (200%).

All overtime and other penalties for casual employees are calculated on the casual rates, which includes the 15% loading.

By mutual agreement employees may take time off instead of receiving overtime payments. Time off is an hour for each hour worked.

Break between Shifts

An employee working 12 hours or more after commencing work is entitled to ten consecutive hours off duty. Should any part of the ten hours coincide with the employee's ordinary hours of work, the employee shall be paid for that time at ordinary rates.

Limitation of Overtime

The Awards limit the working of overtime as follows. An employee:

• cannot work more than 15 hours in one day (excluding meal breaks)
• cannot work more than 20 hours overtime in a week, except in the case of an accident or circumstances beyond the control of the employer
• must be allowed ten consecutive hours off duty without loss of pay after working 12 hours or more in a day

Limitation of Driving Hours

Driving hours for heavy vehicles greater than 12 tonnes Gross Vehicle Mass (GVM) are limited by the Road Transport (Safety and Traffic Management) Act 1999 and the Road Transport (Safety and Traffic Management) (Driver Fatigue) Regulation 1999. 

For additional information, contact the Roads and Traffic Authority (RTA) on 132 213 or at www.rta.nsw.gov.au.

Penalty Payments - Weekends and Public Holidays

Saturdays

A day worker or a shift worker working ordinary hours on a Saturday is paid time and a half (150%) of the ordinary time rate.

Sundays

A day worker or a shift worker working ordinary hours on a Sunday is paid double time (200%) of the ordinary time rate.

Public holidays

An employee is entitled to full pay on gazetted public holidays if they are normally required to work on those days.  If an employee is required to work on a public holiday they are entitled to triple time for Christmas Day and Good Friday and double-time and a half for all other public holidays.  An employee must receive a minimum payment of four hours at the appropriate penalty rate.

Penalty payments – shift workers

Shift workers on the following shifts receive their ordinary rate of pay in addition to the appropriate shift penalty.

Transport Industry (State) Award

Shift Worked	Description	Shift penalty (% of hourly rate)
Early Morning	Commences at or after 4:00am and before 5:00am	12.5
Afternoon	Commences at or after 10:00am And at or before 4:00pm	17.5
Night	Commences after 4:00pm And before 4:00am	30
Alternate Night/ Afternoon	When on afternoon shift When on night shift	17.5 30

Transport Industry - Mixed Enterprises (State) Award

Shift Worked	Description	Shift penalty (% of hourly rate)
Early Morning	Commences at or after 4:00am and before 7:00am	12.5
Afternoon	Shift which finishes after 6:00pm and at or before midnight	17.5
Night	Finishes subsequent to midnight and at or before 8:00am	30
Alternate Night/ Afternoon	When on afternoon shift When on night shift	17.5 30
Shifts which rotate With a day shift	When on afternoon When on night shift	15 20

Meal Breaks

A meal break, between 30 minutes and one hour, must be given after five hours of work between 11:00 am and 2:00 pm. 

An employee who is required to work overtime for a period of two hours or more after normal finishing times, is entitled to a paid 20 minute break after no more than five hours after the completion of their lunch break. Unless notified the previous day or earlier that they are required to work overtime an employee must receive a meal allowance. 

A shift worker is entitled to a 20 minute paid break after no more than five hours work.

Travelling and Living Away Allowances

Employees engaged on work or travelling in connection with work which precludes them from reaching their home at night shall be paid all reasonable and actual expenses incurred in obtaining accommodation for the night, including an evening meal, bed and breakfast.  The employee shall submit to the employer an itemised list, with supporting accounts, showing the detail of the expenses incurred. 

If an employee does not submit an itemised list they are paid a set allowance as detailed in the award.  Where practical an employee should be paid the living away allowance in advance.