Legal Services Award employment types, rostering, and breaks

The Legal Services Award 2020 plays a crucial role in defining employment structures and workplace conditions within Australia's legal sector. This award applies to a wide range of employees, particularly those engaged in legal practice support, administration, and clerical roles within legal environments.

Employers must understand the various employment types described in this award and adhere to the precise frameworks it provides for rostering and scheduling work hours. The award's comprehensive provisions for breaks and rest periods, as well as for the rostering of shiftworkers are essential for maintaining compliance and safeguarding the well-being and productivity of legal services employees. This article will assist you in gaining a detailed understanding of the specific expectations and requirements that govern employment under the Legal Services Award.

Legal Services Award employment types

Understanding the various employment classifications within the Legal Services Award is essential for effective management and compliance. This award categorises workers based on their contract types and the regularity of their work hours, offering clear guidelines for different employment scenarios and regulations.

The Legal Services Award identifies three primary types of employment:

• Full-time: These employees typically work a consistent number of hours each week, ensuring job stability and regular schedules.

• Part-time: These employees work fewer hours compared to full-time staff, with their specific hours detailed in their contracts. They maintain continuous employment status and receive proportional benefits based on their work hours.

• Casual: These employees are engaged on an as-needed basis without guaranteed hours. They receive a higher hourly rate to compensate for the lack of regular hours and employment security.

Additionally, the award also includes provisions for:

• On-hire employees: These individuals are hired through recruitment agencies and work in legal environments under arrangements that classify them as casual, part-time, or full-time based on their hours and the terms with the agency.

• Trainees/apprentices: These participants are in programs that combine practical work experience with structured education, with their employment status (full-time or part-time) defined by their training contract terms.

Ordinary hours under the Legal Services Award

Ordinary hours refer to the standard hours of work agreed upon, typically excluding overtime.

Under the Legal Services Award, specific guidelines are established for the ordinary hours of work for various employment categories within legal and administrative environments. 

The Legal Services Award also stipulates other conditions for full-time and part-time employees:

• Regularity and schedule: Before commencing part-time employment, the employer and the employee must agree in writing on a regular pattern of work. This agreement should specify the number of hours worked each day, the days of the week the employee will work, and the starting and finishing times for the work.
  
• Span of hours: The ordinary hours of work are to be worked continuously, except for meal breaks, at the employer's discretion between 7.00 am and 6.30 pm, Monday to Friday. The spread of hours may be altered by up to one hour at either end, by agreement between the employer and the majority of employees concerned.
  
  Any work performed by an employee before the official span of hours, which is continuous with their ordinary hours for tasks such as preparing the workplace for other employees, is considered part of the 38 ordinary hours of work.

Tips for effective management of work hours

To optimise productivity and ensure compliance with the Legal Services Award, consider these strategies:

• Monitor work hours: Carefully track employee hours to prevent exceeding the prescribed limits for ordinary work hours. Use reliable tracking systems to help managers oversee and address potential overages, ensuring compliance for all employment types.
  
• Flexible scheduling: Implement flexible scheduling options to meet both operational and employee needs. This can help employees manage personal commitments alongside their work responsibilities, enhancing work-life balance.

• Regular reviews: Periodically review work-hour records to detect any irregular patterns that could lead to compliance issues. Proactively adjust schedules to avert potential infractions, ensuring a balance between operational demands and employee well-being.

• Communication: Foster a workplace culture where employees feel comfortable discussing their schedules. Maintain regular communication about any changes or decisions affecting work hours to ensure transparency and mutual agreement.

Legal Services Award rostering 

Rostering is the process of scheduling employees’ work shifts and hours.

The Legal Services Award establishes clear guidelines for creating and managing employee rosters, ensuring both fairness and compliance. Please note that the award outlines a unique set of rostering requirements for shiftworkers. 

Strategies for effective roster management

Effective roster management is essential for balancing the demands of the legal services industry with the needs of employees. Here are several strategies tailored to the requirements of the Legal Services Award:

• Advance planning: Develop rosters well in advance to ensure adequate staffing and minimise disruptions. This provides predictability and helps maintain a balanced workload.

• Employee input: Involve employees in the rostering process by discussing preferred working times and accommodating personal requests where possible. This can increase job satisfaction and retention. 

• Flexible rostering options: Use the flexibility offered by the award to adjust shift lengths and schedules to handle unexpected increases in workload or cover staff shortages.

• Regular reviews: Periodically review roster effectiveness to ensure operational demands are met and employee welfare is supported. Adjust schedules as needed to maintain efficiency and satisfaction.

• Clear communication: Maintain transparent and ongoing communication about rostering policies. Clearly document and communicate any changes to the roster to all affected employees, ensuring everyone is informed and prepared.

• Training for managers: Equip managers with the necessary skills and knowledge to manage rosters effectively under the award. Training should cover the specifics of the award, including proper management of work hours, handling change requests, and ensuring compliance with all relevant regulations.

Legal Services Award breaks and rest periods

Breaks and rest periods are designated times during a work shift when employees are allowed to rest, eat, or attend to personal needs.

This section outlines the entitlements and rules surrounding rest and meal breaks for legal service sector employees, ensuring adequate rest and compliance with work schedule norms. Note that different rules may apply under specific circumstances, as outlined in the award.

Advice on scheduling breaks to enhance employee well-being and compliance

Effective break management is essential for compliance and greatly contributes to employee satisfaction and productivity within the legal industry. Here are some practical strategies:

• Encourage full utilisation of breaks: Create a workplace culture that not only allows but actively encourages employees to take their designated breaks. Highlight the importance of breaks for mental and physical refreshment, which is vital for maintaining high levels of productivity and service quality in the legal industry.

• Facilitate communication: Establish open communication channels for employees to share their preferences or concerns about break times. Even though the award regulates break schedules, being flexible and accommodating employees' needs within these frameworks can improve break usage and job satisfaction.

• Regular monitoring: Regularly monitor break schedules to ensure they’re followed consistently. This helps identify any deviations from the award requirements and allows for prompt correction to maintain compliance.

• Educate staff: Provide regular training sessions for both employees and management on the specifics of break entitlements under the Legal Services Award 2020. Ensuring everyone is well-informed about their rights and responsibilities regarding breaks helps maintain standards and supports effective break schedule enforcement.

Understanding shiftwork under the Legal Services Award

Shiftwork involves working hours divided into shifts, often extending beyond the standard spread of hours. It includes early morning, evening, night, and rotating shifts, ensuring the continuous operation of a business or service.

For the purposes of this award, the following scenarios constitute shiftwork and must comply with the award's requirements regarding ordinary hours, breaks, and rostering:

• Rostered shift: Any shift for which the employee has received at least 48 hours' notice.
• Afternoon shift: Any shift that finishes after 6:00 pm and at or before midnight.
• Night shift: Any shift that finishes after midnight and at or before 8:00 am.
• Early morning shift: Any shift where ordinary hours start between 5:00 am and 6:00 am, except if it precedes an afternoon shift ending at 11:00 pm as part of a shift system.
• Seven-day shiftworker: An employee who is regularly rostered to work on Sundays and public holidays.
• Non-continuous afternoon or night shift: Applies to an employee who works on an afternoon or night shift that does not continue for at least five successive shifts (or six successive shifts in a six-day workplace with shifts of eight ordinary hours each), or 38 ordinary hours (if more than eight ordinary hours are worked per shift).
• Permanent night shift: Applies to an employee who works night shift only during a period of engagement, remains on night shift for more than four consecutive weeks, or works on a night shift that doesn’t rotate or alternate with another shift or day work, providing at least one-third of their working time off night shift in each shift cycle.

Legal Services Award practical application: Example

Legal Eagles LLP, a dynamic legal firm, faced challenges in managing the schedules of its casual administrative staff while complying with the Legal Services Award. Sarah, the office manager, aimed to improve efficiency and ensure compliance with the award, particularly the minimum engagement period for casual employees.

Challenges

• Insufficient notice: During the initial implementation, rosters were released just a few days in advance, causing stress for employees who needed to manage personal commitments.
• Misunderstandings about minimum engagement: Some casual staff were initially scheduled for less than the four-hour minimum engagement period, leading to compliance issues and employee dissatisfaction.

Resolution

• Revised communication on rostering policy: Sarah ensured all employees were informed that rosters would be provided at least 14 days in advance. This gave staff adequate time to plan around their shifts and ensured compliance.
• Adherence to minimum engagement period: The scheduling software was configured to automatically prevent shifts shorter than four hours for casual employees, ensuring compliance.
• Enhanced training and consultation: Alex adopts a digital scheduling system that tracks and alerts managers when employees’ breaks are due, ensuring breaks are taken as required by the award stipulations.

Key takeaways recap

In summary, here are the essential points and recommendations to ensure compliance with the Legal Services Award 2020:

• Coverage: This award is crucial for employees in Australia's legal services sector, particularly those engaged in legal practice support, administration, and clerical roles within legal environments.
• Employment types: The award recognises various employment types, including full-time, part-time, casual, on-hire workers, and trainees/apprentices. Each type has specific entitlements and conditions tailored to the nature of legal work.
• Shiftwork: The award covers shiftwork and outlines a unique set of rules concerning ordinary hours, rostering, and breaks for shiftworkers.
• Ordinary hours: Full-time employees typically work 38 ordinary hours per week, which can be averaged over up to four weeks. Part-time employees have their hours specified in a written agreement established at the time of engagement, including consistent daily start and end times and specified workdays, with a minimum engagement period of three hours per shift. Casual employees can work up to 38 hours per week or as per a roster cycle, with a minimum engagement period of four hours per shift.
• Breaks and rest periods: The award stipulates meal breaks and rest periods for each employment type, with unique requirements for day workers and shiftworkers.
• Rostering rules: Rosters must be posted 14 days in advance. While the award doesn’t specify a precise notice period for roster changes, it requires reasonable notice and adequate consultation with employees to ensure they’re informed and can manage personal commitments. The award doesn’t stipulate the maximum hours that can be worked in one day for day workers but requires that rosters provide sufficient rest periods between shifts for shiftworkers.

Simplifying Legal Services Award ordinary hours, rostering and break management

An understanding of ordinary hours alongside effective rostering and break management is essential for compliance with modern awards. Rippling's centralised platform offers powerful tools to simplify scheduling, track hours, and manage breaks. Key features include:

• Smart rostering: Create compliant rosters with a fair distribution of shifts and required rest periods.
• Automated time tracking: Automatically track employee hours from clock-in to payslip, eliminating manual data entry.
• Break tracking: Automatically track meal and rest period entitlements.
• Hours monitoring: Accurately monitor and record employee working hours.
• Compliance reporting: Generate reports on hours worked, breaks taken, and rostering patterns.

With Rippling, you can do more than just meet award compliance requirements; you can exceed them. Take the tour or contact us today!