AN120192 – Electricians &c. (State) Award
19.1 Payment for Working Overtime
19.1.1 For all work done outside ordinary hours, including work on a leisure day (as prescribed by paragraph (c) of subclause 17.6, Systems of Ordinary Hours of Work, of clause 17, Hours of Work — Day Workers, except where such leisure day is substituted for another day, the rates of pay shall be time and one-half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.
19.1.2 Except as provided in this subclause or subclause 19.2, rest period after overtime, of this clause, in computing overtime each day's work shall stand alone.
19.2 Rest Period After Overtime
19.2.1 When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days: provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:
(1) for the purpose of changing shift rosters; or
(2) where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
(3) where a shift is worked by arrangement between the employees themselves.
19.2.2 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 had at least the rest period off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.
19.2.3 If on the instructions of his/her employer such an employee resumes or continues work without having had such rest period of duty he/she shall be paid at double rates until he/she is released from duty for such rest period and he/she shall then be entitled to be absent until he/she has had the rest period off duty without loss of pay for ordinary time occurring during such absence.
19.3 Recall to work
19.3.1 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 4 hours' work or where the employee has been paid for standing by in accordance with subclause 19.5 standing by, of this clause, shall be paid for a minimum of 3 hours' work at the appropriate rate for each time he/she is so recalled.
19.3.2 Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.
19.3.3 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.
19.3.4 Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause 19.2 rest period after overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.
19.4 Saturday work
19.4.1 An employee required to work after midday on a Saturday shall be paid double time rate for such work.
19.4.2 A day worker required to work overtime on a Saturday shall be afforded at least 4 hours' work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.
19.4.3 Where an employee works overtime which ceases at or after 4.00 am on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift workers.
19.5 Standing By — subject to any custom now prevailing under which an employee is required regularly to hold himself in readiness for a call back, an employee required to hold himself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates for the time from which he/she is so told to hold himself in readiness.
19.6 Crib Time
19.6.1 An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked if the employee continues work after such crib time. Provided that where a day worker on a five-day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 am and 1.00 pm be paid at ordinary rates.
19.6.2 Unless the period of overtime is less than 1 1/2 hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. 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 20 minutes.
19.7 Requirement to Work Reasonable Overtime — It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the Industry.
19.8 Meal Allowance, &c
19.8.1 An employee required to work overtime for more than 1 1/2 hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 4 of Table 4 of Part B for the first meal and for each subsequent meal.
19.8.2 Unless the employer advised an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.
19.8.3 If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.
19.9 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 him with a conveyance to his/her home or pay him his/her current wage rate for the time reasonably occupied in reaching his/her home.
19.10 Meal Breaks
19.10.1 Maximum period without meal break — an employee shall not be compelled to work for more than 5 hours without a break for a meal.
19.10.2 Payment for work in meal breaks - subject to paragraph 19.10.3 of this subclause, for work done during meal hours and thereafter until break is allowed time and a half rates shall be paid.
19.10.3 Regular Maintenance Person - subject to the provisions of paragraph 19.10.1 of this subclause, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so, for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle; provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provisions of paragraph 19.10.2 of this subclause shall apply.
