On 25 October 2023, Ai Group filed an application in the Fair Work Commission (FWC) to vary the Textile, Clothing, Footwear and Associated Industries Award 2020 (award). The application concerns the manner in which the award prescribes shift loadings payable to employees (other than those in the textile industry).

Specifically, clause 29.3 prescribes the relevant shift penalties, in the following terms:

29.3 Payment for shiftwork

a) A shiftworker while on afternoon or night shift will be paid an additional 15% of the weekly award rate per shift for the classification concerned.

b) A shiftworker while on permanent night shift will be paid an additional 30% of the weekly award rate per shift for the classification concerned.

Schedule C to the award, which summarises various rates payable under the award, indicates that the relevant shift loadings are payable for each shift. That is, an employee performing an afternoon shift is entitled to 15% of the weekly rate, for each shift worked. This would result in employees receiving a shift loading of $128.90 - $317.22 per shift, in addition to their hourly rate, subject to their classification level and the type of shift worked.

Ai Group is urgently seeking input from members regarding our application.