AN120185 – Draughting Employees, Planners, Technical Employees, &c (State) Award
Summary
Overtime is payable for work done outside the ordinary hours of work. Generally speaking, the overtime rate is time and a half for the first three hours and double time thereafter. Continuous shift workers are entitled to double time for all overtime.
Employees are required to work a reasonable amount of overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday and Public Holidays.
Employees are required to have a rest period normally between work on successive days.
Provision is made for employees being called back after leaving the premises and for standing by for callback.
Meal breaks and meal allowances are also dealt with in this clause.
6.5.1 Payment for Working Overtime
6.5.1(a) Except as provided for in 6.5.1(d), 6.5.1(e), 6.5.8 and 6.5.9, for all work done outside ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and 6.1.3) the overtime rates of pay are time and a half for the first three hours and double time thereafter until the completion of the overtime work. For continuous shift workers the rate for working overtime is double time.
6.5.1(b) For the purposes of this clause "ordinary hours" means the hours worked in an enterprise, fixed in accordance with clause 6.1 of this award.
6.5.1(c) The hourly rate, when computing overtime, is to be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.
6.5.1(d) When not less than 7 hours 36 minutes notice has been given to the employer by a relief shiftworker that he or she will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on his or her rostered day off the unrelieved employee shall be paid double time.
6.5.1(e) In computing overtime each day's work shall stand alone.
6.5.2 Requirement to Work Reasonable Overtime
An employer may require any employee to work reasonable overtime at overtime rates and the employee shall work overtime as required.
6.5.3 One in, All in does not Apply
The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of "one in, all in" overtime must not apply.
6.5.4 Rest Period after Overtime
6.5.4(a) When overtime work is necessary it must, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive working days.
6.5.4(b) An employee (other than a casual employee) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to this subclause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
6.5.4(c) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at double rates until he or she is released from duty for such period. The employee is then entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
6.5.4(d) The provisions of this subclause will apply in the case of shift workers as if eight hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shift worker does not report for duty and a day worker or a shift worker is required to replace the shift worker; or
(iii) where a shift is worked by arrangement between the employees themselves.
6.5.5 Call Back
An employee recalled to work overtime after leaving the employer's enterprise (whether notified before or after leaving the enterprise) is to be paid for a minimum of four hours work at the rate of time and one half for the first three hours and double time thereafter (or double time for the full period for continuous shift workers). There are a number of conditions which apply to this provision:
6.5.5(a) Where an employee is required to regularly hold himself or herself in readiness for a call back he or she will be paid for a minimum of three hours work at the appropriate overtime rate. This is subject to 6.5.6 which deals with the conditions for standing by.
6.5.5(b) If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and the commencement of their ordinary work on the next ordinary working day he or she shall be entitled to the three or four hour minimum overtime payment provided for in this subclause for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.
6.5.5(c) Except in the case of unforeseen circumstances arising, an employee will not be required to work the full three or four hours as the case may be if the job he or she was recalled to perform is completed within a shorter period.
6.5.5(d) This subclause does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee's ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.
6.5.5(e) Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of 6.5.4, Rest Periods After Overtime, when the actual time worked is less than three hours on the call back or on each call back.
6.5.6 Standing By
Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold himself or herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's ordinary rate of pay for the time he or she is standing by.
6.5.7 Saturday Work
A day worker required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the rate of time and one half for the first three hours and double time thereafter, except where the overtime is continuous with overtime commenced on the previous day.
6.5.8 Sunday Work
Employees required to work overtime on Sundays shall be paid for a minimum of three hours work at double time. The double time is to be paid until the employee is relieved from duty.
6.5.9 Public Holiday Work
Refer to 7.7.2 to determine the pay entitlements of persons who work overtime on a public holiday.
6.5.10 Rest Break
6.5.10(a) An employee working overtime must be allowed a rest break of 30 minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.
6.5.10(b) A day worker working overtime shall be allowed a meal break of thirty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such meal break. Provided that, where an employee in a five-day week is required to work overtime on a Saturday, the first prescribed meal break, if occurring between 10.00 a.m. and 1.00 p.m., shall be paid for at ordinary rates.
6.5.10(c) Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime is entitled to a rest break of 30 minutes to be paid at ordinary rates.
6.5.10(d) An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this subclause.
6.5.11 Meal Allowance
An employee required to work beyond two hours after the usual finishing time of work shall be paid a meal allowance of $9.70 for the first and each subsequent meal, or be provided with an adequate meal where the employer has his/her own cooking and dining facilities.
6.5.12 Transport of Employees
When an employee, after having worked overtime or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance home, or pay him/her their current wage for the time reasonably occupied in reaching home.
