The applicant applied to the Commission regarding an interpretation of the Department of Justice Prison Officers’ Industrial Agreement 2022, specifically whether clause 28 of the agreement mandates a 12 hour break for officers who work overtime after a 12 hour shift.  The respondent contended that such a break is required according to the Agreement, while the applicant argued otherwise, stating that the clause which governs shift patterns, overtime requirements and minimum time off duty has a different interpretation.  

The key provisions of Clause 28 include:

• 28.1: officers working a 12 hour shift are entitled to 12 hours off duty between successive shifts.
• 28.2: In extreme emergencies, officers may be required to work 2 hours of overtime, which necessitates at least 10 hours off duty before returning to work.
• 28.3: Other officers required to perform overtime must have at least 10 hours off duty between successive shifts.
• 28.4: If an officer does not have at least 10 hours off duty before their next shift, they are not required to commence work until they have had the necessary rest.

  
The applicant stated that officers who voluntarily choose to work overtime between successive 12 hour shifts are only entitled to a 10 hour break.  The applicant further emphasised that the Agreement allows for flexibility in overtime provisions, and that a strict limitation is not imposed on the amount of overtime an officer can work, including voluntary overtime.  The applicant stated that such an arrangement would prevent instances where officers could only work overtime in extreme emergencies, which may not align with practical operational needs.  

The respondent, however argued that a straightforward reading of clause 28 would clearly indicate that officers working 12 hour shifts must receive a 12 hour break, except in extreme emergencies. Further, the respondent contended that the applicant’s interpretation of the Agreement was overly complicated and not supported by the text of the Agreement, also emphasising that the Agreement should be applied in conjunction with appropriate fatigue management guidelines, designed to protect the safety and wellbeing of officers when working long shifts. 

Commissioner Walkington found that the Agreement cannot be read to say that the only time overtime can be undertaken by an officer rostered on 12-hour shifts is in an extreme emergency. The Commissioner concluded that officers working 12-hour shifts can voluntarily undertake overtime and that clause 28.4 applies, requiring a 10-hour break between successive shifts. The Commissioner also determined that the parties did not intend for clause 28.1 and 28.2 to preclude officers on 12-hour shift patterns from working overtime on a voluntary basis.  Accordingly, a declaration was issued stating that the Agreement does not require the applicant to provide officers a 12 hour break where they have voluntarily worked overtime following a 12 hour shift.

The decision can be read here.