39.1. SBS has the right to introduce shift work to a Work Area, subject to any applicable consultation requirements under this Agreement.
39.2. Subclauses 39.3 to 39.7 below apply to Shiftworkers only.
39.3. Rosters
39.3.1 Full-time rostered Shiftworkers will have 4 days off each fortnight, at least 2 of which should be consecutive. Where operational circumstances permit, single days off will be minimised.
39.3.2 Rosters will be distributed 14 days in advance to all rostered Shiftworkers except casuals. SBS will endeavour to provide casuals with advance notice of rostered shifts, of up to 14 days where practicable, but is not limited in its rights to roster casuals in accordance with the provisions of this Agreement applicable to them and the nature of their employment. Subject to clause 39.3.3, rosters will not be altered with less than 7 days’ notice except:
(a) in emergencies outside of SBS’s control, such as programme disruption which requires immediate reorganisation of a filming schedule;
(b) where alterations are made due to the unforeseen absence of another Employee; or
(c) where SBS and the Employee agree in writing to less than 7 days’ notice.
39.3.3 Where alterations to rosters are made which are not permitted by clause 39.3.2, Shiftworkers will be paid overtime rates for all work done under the new roster which falls outside the shifts on the original roster, until they have had 7 days’ notice of the change. Other penalties will not be paid for the period of overtime paid in accordance with this clause.
39.3.4 In this clause, “day off” means a period of 24 hours which commences:
(a) 11 hours after an Employee last finished work, where a single day off is being taken; or
(b) 8 hours after an Employee last finished work, where 2 or more consecutive days off are being taken.
39.4. Shift Patterns
39.4.1 A new roster, or a change to shift cycles, may be approved by SBS after consultation with the relevant Employees. Shift rosters will specify the commencement and finishing times of ordinary hours of duty of the respective shifts.
39.5. Breaks Between Shifts
39.5.1 Employees will not be rostered to work so that the cessation of one day’s or shift’s ordinary duty and the commencement of the next day’s or shift’s ordinary duty occur within 11 hours.
39.6. Exchange of Shifts
39.6.1 Shift workers can exchange shifts or rostered days off by mutual agreement, provided that:
(a) SBS consents to the change;
(b) the arrangement does not give Employees an entitlement to an overtime payment or an additional shift payment – that is, it must be a ‘like-for-like’ exchange which does not increase total costs to SBS; and
(c) SBS may terminate ongoing shift swap arrangements by providing the employees concerned with at least 7 calendar days’ notice.
39.7. Accrued Days Off
39.7.1 Subject to the provisions of this subclause, SBS may roster Employees to work 80 ordinary hours per fortnight, and accrue up to 4 hours per fortnight toward an accrued day off (ADO).
39.7.2 Despite any provision elsewhere in this Agreement, SBS and the majority of Employees in a Work Area may agree to establish an ADO system for full-time rostered Employees in a regular cycle to provide that an Employee may elect, with the consent of SBS, to:
(a) take an ADO at any time;
(b) take ADOs in part amounts;
(c) accrue some or all ADOs for the purpose of creating a credit to be drawn upon by the Employee at times mutually agreed by SBS and the Employee.