Q&As

What factors are used to determine whether a worker is categorised as a night worker?

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Published on LexisPSL on 16/02/2016

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • What factors are used to determine whether a worker is categorised as a night worker?
  • On call
  • Restrictions on night work

A 'night worker' is one who:

  1. 'as a normal course' works at least three hours of their daily working time during night time

  2. is specified as a night worker in a collective agreement or workforce agreement

For further information generally, see Practice Note: Hours of work and working time—Night work.

'Night time' is, by default,  the period between 11pm and 6pm. This can be varied by a relevant agreement (eg a contract of employment) to be any period which:

  1. is a period of not less than seven hours, and

  2. includes the period between midnight and 5am

A person work hours 'as a normal course' (without prejudice to the generality of that expression) if they work such hours on the majority of days on which they work. This has been interpreted as involving nothing more than the requirement that it should be a regular feature of the individual's

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