Document Chunk

Award/agreement free employees who qualify for the shiftworker entitlement (3) An award/agreement free employee qualifies for the shiftworker annual leave entitlement if: (a) the employee: (i) is employed in an enterprise in which shifts are continuously rostered 24 hours a day for 7 days a week; and (ii) is regularly rostered to work those shifts; and (iii) regularly works on Sundays and public holidays; or (b) the employee is in a class of employees prescribed by the regulations as shiftworkers for the purposes of the National Employment Standards. (4) However, an employee referred to in subsection (3) does not qualify for the shiftworker annual leave entitlement if the employee is in a class of employees prescribed by the regulations as not being qualified for that entitlement. (5) Without limiting the way in which a class may be described for the purposes of paragraph (3)(b) or subsection (4), the class may be described by reference to one or more of the following: (a) a particular industry or part of an industry; (b) a particular kind of work; (c)