I’m working for an agency and doing night shifts, usually 12 hours or more.
I keep getting infringements to sign from the customer for exceeding the 10 hour night rule. I understand there is an alleviation for this rule by collective agreement.
The agency dont seem to understand this and I dont suppose I am included in the customer’s drivers collective agreement because I don’t work directly for them.
The agency’s answer to the problem was to utilise POA! That sounds like nonsense to me and on this job you only just manage to fit a break in, let alone a POA.
From my understanding the exemption from the 10 hour night rule is an agreement of the workforce and an agency driver is a temporary part of that work force
A workforce agreement to relax the 10 hour night work rule applies to all workers at that location who do the same type of work. Your being an agency driver rather than directly employed has no bearing on it.
Also note that it’s not something you can opt in/out of on an individual basis. If there is such an agreement in place there, the 10 hour limit doesn’t apply to you.