AN120196 – Engine Drivers General (State) Award
21.1 (a) For the purposes of this clause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with clauses 18, 19 or 20, of this award, overtime shall be paid at the rate of time and one-half for the first three hours and double time thereafter, such double time to continue until the completion of the overtime work:
Provided, however, that where in any particular workshop, factory or working place at which an employee is engaged, the majority of employees working to receive the rate of double time before the expiry of three hours worked, such employee shall be paid the overtime rate applying to such majority. The hourly rate,
(i) when computing overtime, shall be determined by dividing the appropriate weekly rate by 38, even in cases where an employee works more than 38 ordinary hours' in a week.
(ii) For work done by a shift worker outside the ordinary hours of their shift, overtime rates shall be paid as prescribed by subclause 19.4, of this award.
21.2 Recall
(a) An employee recalled to work overtime after leaving their employer's business premises (whether notified before or after leaving the premises), or a day worker required to work overtime on a Saturday, shall be paid for a minimum of four hours' work at the appropriate rate for each time the employee is so recalled.
(b) Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.
(c) This subclause (21.2) shall not apply in cases where:
(i) it is customary for an employee to return to their employer's premises to perform a specific job outside their ordinary working hours; or
(ii) where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time, or on a Saturday when overtime commenced on the day previous.
(d) Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 21.5 of this clause where the actual time worked is less than four hours on such recall or on each of such recalls.
21.3 An employee occasionally required to hold himself in readiness either at their home, their place of work or elsewhere, to work before or after ordinary hours or on a Saturday which is not an ordinary working day, or on a Sunday or Public Holiday, shall be paid standing-by time at their ordinary rate of wages for the time from which the employee is told to hold himself in readiness until released.
21.4 Where an employee finishing overtime work or in order to commence overtime work has to travel at a time when reasonable means of transport are not available, the employer shall provide them with a conveyance to or from their home or pay them at their ordinary rate of wage for the time occupied in reaching their home or travelling from their home to work respectively.
21.5 (a) 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 or shifts.
(b) An employee (other than a casual employee) who:
(i) works 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 the employee has not had at least ten consecutive hours off duty between these times; or
(ii) on Saturdays, Sundays and Public Holiday’s, not being ordinary working days or on a rostered day off without having had ten consecutive hours off duty in the twenty-four hours preceding their ordinary commencing time on their next ordinary day or shift, shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) If on the instructions of their employer such an employee resumes or continues work without having had such ten consecutive hours off duty the employee shall be paid at double rates until the employee is released from duty. The employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(d) 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:
(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 such shift worker; or
(iii) where a shift is worked by arrangement between the employees themselves.
21.6 (a)
(i) Subject to paragraph (ii) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.
(ii) 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.
(iii) For the purposes of paragraph (ii) what is unreasonable or otherwise will be determined having regard to:
(a) any risk to employee health and safety;
(b) the employee's personal circumstances including any family and carer responsibilities;
(c) the needs of the workplace or enterprise;
(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
(e) any other relevant matter.
(b) The applicant union shall not in any way whether directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
(c) The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practice of "one-in, all in" overtime shall not apply.
