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AN120011 – Aged Care General Services (State) Award

7. OVERTIME

(i) All time worked by employees outside the ordinary hours in accordance with clause 4, Hours and clause 5, Roster of Hours, shall be paid for at the rate of time and one half up to two hours each day and thereafter at the rate of double time; provided however, that all overtime worked on Sundays shall be paid for the rate of double time and all overtime worked on public holidays shall be paid for at the rate of double time and one half.

(ii) Employees who are recalled to work overtime after leaving the employer's premises shall be paid a minimum of four hours at the overtime rate applicable on such day for each time so recalled; provided that, except in unforeseen circumstances arising, employees shall not be required to work the full minimum number of hours prescribed above if the job they were recalled to perform is completed within a shorter period.

(iii) (a) An employee recalled to work overtime pursuant to subclause (ii) of this clause, shall be reimbursed reasonable travel expenses incurred in respect of the recall to work.

(b) Provided that where an employee elects to use his/her own vehicle he/she shall be paid an amount as set out in Item 3 of Table 2 of Part B.

(iv) Employees who work so much overtime between the termination of their ordinary work on any day or shift and the commencement of their ordinary work on the next day or shift that they have not had at least eight consecutive hours off duty between these times, shall, subject to this subclause, be released after completion of such overtime until they have had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instruction of the employer such an employee resumes or continues to work without having such eight consecutive hours off duty they shall be paid at double time of the appropriate rate applicable on such day until they are released from duty for such period and they then shall be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(v) For the purposes of assessing overtime each day shall stand alone, provided however that where any one period of overtime is continuous and extends beyond midnight, all overtime hours in this period shall be regarded as if they had occurred within the one day.

(vi) (a) All time worked by permanent part-time employees and casual employees in excess of the rostered daily ordinary hours of work prescribed for the majority of full-time employees employed on that shift in the section concerned, or, where there is no such majority of full-time employees employed on that shift in the ward or section concerned, all time in excess of 11 hours per day, shall be paid for at the applicable overtime rates.

(b) Time worked up to the rostered daily ordinary hours of work prescribed for a majority of the full-time employees employed on that shift in the ward or section concerned shall not be regarded as overtime but an extension of the contract hours for that day and shall be paid at the ordinary rate of pay.

(c) All time worked by permanent part-time employees and casual employees in excess of the hours prescribed for a full-time employee in clause 4, Hours, shall be paid for at overtime rates.

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