AP818456CRV - Wool Scourers and Carbonisers Award 2002
28.1 Overtime shall be paid for all work performed before the usual starting time or after the usual finishing time of each day or shift at time and a half for the first three hours in any one day or shift Monday to Saturday inclusive and double time thereafter.
28.2 Any employee called upon to work during a meal period prescribed by this award shall be paid at the rate of time and a half for work performed during such meal period. The time and a half rate shall continue until a meal period is allowed.
28.3 Any employee on day work required to work after 6.00 p.m. on Monday to Friday or after 12.45 p.m. on Saturday, or any employee on shifts required to work overtime for more than two hours after his/her usual ceasing time on any day shall in addition to payment of overtime rates for the time so worked be entitled to a meal allowance unless on the previous day he/she has been notified to bring a meal.
Provided that if an employer has, pursuant to such notification, brought his/her meal and he/she is not required to work overtime beyond the aforesaid hour, he/she shall nevertheless be paid the meal money herein prescribed.
28.4 Call back
An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours' work at the appropriate rate for each time he/she is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job he/she was recalled to perform is completed within a shorter period. This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
28.5 Crib time
28.5.1 Day work employees when required to continue to work overtime after 6.00 p.m. Monday to Friday, or other employees when required to work overtime for not less than two hours after the usual ceasing time on any day shall be allowed a crib of twenty minutes which shall be paid for at ordinary rates. Such break shall be given as early as possible after the usual ceasing time.
28.5.2 An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.
28.5.3 An employee who is required to continue working overtime after his/her usual ceasing time shall be allowed a crib of twenty minutes without deduction of pay for each further four hours of overtime worked after the first such break, provided that he/she is required to continue working after such subsequent crib time.
28.6 An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.
28.7 Rest period after overtime
28.7.1 When overtime work is necessary it shall wherever reasonably practicable be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
28.7.2 An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not at least ten consecutive hours off duty between those times, shall subject to this subclause be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
28.7.3 If on the instructions of his/her employer such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
28.7.4 The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:
28.7.4(a) for the purpose of changing shift rosters; or
28.7.4(b) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
28.7.4(c) where a shift is worked by arrangement between the employees themselves.
Employees required to work in carbonised dust room, or to remove dust from carbonisers - $12.00 per week.
28.8 Requirement to work reasonable overtime
[28.8 inserted by PR939503 ppc 15Oct03]
28.8.1 Subject to clause 28.8.2 an employer may require an employee to work reasonable overtime at overtime rates.
28.8.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
28.8.2(a) any risk to employee health and safety;
28.8.2(b) the employee's personal circumstances including any family responsibilities;
28.8.2(c) the needs of the workplace or enterprise;
28.8.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
28.8.2(e) any other relevant matter.
