(AGENPARL) – SYDNEY (AUSTRALIA), dom 29 marzo 2020
Reminder: ACT, New South Wales, Victoria, Tasmania and South Australia.
Daylight saving will end at 2am on Sunday 5 April 2020. At 2am move clocks back one hour to 1am.
NB. Queensland, Western Australia and the Northern Territory do not participate in Daylight Saving.
Paying Wages when clock changes
How should an employer deal with wages for a shift worker at the end of daylight savings?
The general rule applied by industrial tribunals is that an employee should be paid by the clock. This means when the clock is put back one hour, an employee works nine hours but is only paid for eight hours.
However, a common practice among employers is to have a policy of not treating the employee to their disadvantage in any way by the time changes. This only becomes an issue when the clock is put back one hour at the end of daylight saving. When the employee works nine hours (but is only entitled to 7.6 hours pay), the employer usually pays the employee nine hours pay or gives the employee one hour’s credit or, if the hours are overtime, nine hours overtime at the appropriate penalty rate.
In the absence of a specific provision in the applicable Modern Award or industrial instrument or contract of employment, the employer is under no obligation to pay nine hours pay in this circumstance.
Example: When daylight savings ends
Mohammad is a security guard doing shift work. He is rostered to work from 9pm on Saturday until 5am on Sunday. He gets a paid meal break. The Security Services Industry Award 2010 silent about Daylight Savings.
When daylight savings ends and the clock rolls backward, Mohammad works 1 extra hour but is still paid for 7.6 hour shift.