How do I compensate a labour hire worker who is required to perform work over 12 hours in another location and return to the base location the next day to work their regular 8 hours. Are we required to give the worker some hours off the next day?
There are two key considerations for employers where employees are completing extended work days.
The first consideration relates to any industrial instrument that may apply to an employee, such as an enterprise agreement or a modern award. Many modern awards include provisions for rest periods between shifts,for exampe clause 27.3 'Rest Period after Overtime' of the Clerks - Private Sector Award.
Such provisions may require a period of rest to be afforded to an employee after the completion of overtime and before the recommencement of work (such as a rest period of 10 hours).If an employee is not allowed by the employer to have a rest period of the duration to which they are entitled under the relevant industrial instrument, the employee may be entitled to be paid penalty rates until that rest period is provided.
The second consideration relates to an employer’s work health and safety obligations under relevant legislation or other instruments. Where an employee is to complete an extended work day, an employer should complete a risk assessment to consider if there would be a health or safety risk to the employee or the workplace if the employee continued to work without a rest period of a certain duration.
If a health and safety risk is identified and the employer fails to address this (for example, by allowing the employee a rest break of a certain duration), the employer may be in breach of their health and safety obligations.
Members of Ai Group can contact the Workplace Advice Line on 1300 78 38 44 for information about the relevant instruments that may apply to such a scenario.
