AN120118 – Charitable, Aged and Disability Care Services (State) Award
(i) All time worked by employees outside the ordinary hours in accordance with clause 7-Hours and clause 8-Roster of Hours of this award, shall be paid time and one half ordinary pay up to two (2) hours each day and thereafter double ordinary pay; provided however, that all overtime worked on Sunday shall be paid at double ordinary pay and all overtime worked on public holidays shall be paid for at double time and one-half ordinary pay
(ii) An employee must receive an eight or ten hour break between rostered shifts, in accordance with clause 7-Hours. Where the next shift is due to commence before the employee has had their appropriate eight or ten hours break, one of the following will apply:
(a) The employee will be released prior to, or after the completion of their shift to permit them to have their appropriate break under clause 7-Hours without loss of pay for the working time occurring during such absence.
(b) If at the request of the employer an employee works without their appropriate break, they shall be paid until they are released from duty at overtime rates. Once released from duty such employees shall be entitled to be absent from work until they have had their appropriate break in accordance with clause 7-Hours without loss of pay for working time occurring during such an absence.
(iii) Employees who are recalled to work overtime after leaving the employer's place of work shall be paid a minimum of four hours at the applicable overtime rate for each time so recalled. Provided that, except in unforeseen circumstances, an employee shall not be required to work the full four hours if the tasks they were recalled to perform are completed within a shorter period.
(a) An employee recalled to work overtime pursuant to sub-clause (ii) shall be reimbursed reasonable travel expenses incurred in respect of the recall to work.
(b) Provided that where an employee elects to use their own vehicle they shall be paid an allowance of the amount set out in Item 5 of Table 2 of Part B, Monetary Rates.
(c) An employee who agrees to be on call, requiring to make themselves ready and available to return to work whilst off duty, shall be paid an allowance of the amount set out in Item 6 of Table 2 of Part B, Monetary Rates.
(d) Employees will not be required to be on call in excess of ten days in any twenty-eight day period.
(iv) For the purposes of assessing overtime, each day shall stand alone, provided 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.
(v) All time worked by permanent part-time employees in excess of the hours prescribed in subclause (iv) of clause 7, Hours, of this award shall be paid for at overtime rates.
(vi) In lieu of receiving payment for overtime in accordance with this clause, employees may be compensated by way of time off in lieu of overtime on the following basis:
(a) Time off in lieu of overtime is taken on the basis of hour for hour at ordinary pay, that is for example, one hour off for each hour of overtime worked. However, any applicable shift and weekend penalties shall still be paid as if the time was worked when taking such time in lieu. It must be taken within four months of it being accrued at a mutually agreed time.
(b) Where it is not possible for an employee to take the time off in lieu of overtime within the four month period, it is to be paid out at the appropriate overtime rate based on the rates of pay applying at the time payment is made.
(c) Employees cannot be compelled to take time off in lieu of overtime.
(d) The employer must maintain records of all time in lieu of overtime owing and taken by employees.
(e) Where no election is made the employee shall be paid overtime rates in accordance with the award.
