AN140103 – Electrical Contracting Industry Award - State 2003
6.2.1 Except as hereinafter provided, all time worked in excess of that provided for in clause 6.1 or before the ordinary starting time or after the ordinary ceasing time shall be deemed overtime and shall be paid for at one and a-half times the ordinary rate for the first 3 hours and double time thereafter. Each day is to stand by itself when overtime is being computed, except where an employee commences overtime on one day and continues to work such overtime into the next day.
(a) Saturday - Employees required to work overtime commencing on Saturday shall be paid at one and a-half times the ordinary rate or the first 3 hours and double time thereafter with, except in the case of emergency, a minimum period of 3 hours work or payment therefore.
(b) Sunday - All overtime work done on Sundays shall be paid at the rate of double time.
6.2.2 The minimum payments provided in clause 6.2.1(b) shall not apply in the case of employees covered by clause 5.8.5 (Emergency Work).
(a) Where employees are required to report for work between midnight and 6.00 a.m. they shall be paid at the rate of double time for all time so worked up to the ordinary starting time Monday to Friday and up to 7.00 a.m. Saturday.
(b) An employee recalled to work overtime, except in the case of an emergency where clause 5.8.5 (Emergency Work) would apply, after leaving their employer's business premises on Monday, Tuesday, Wednesday, Thursday or Friday (whether notified before or after leaving the premises) shall be paid for a minimum 4 hours work at the appropriate overtime rate for each time they are so recalled: Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 hours if the job they were recalled to do is completed within a shorter period:
Provided also that overtime worked in cases where it is customary for an employee to return to their employer's premises to perform a specific job outside their working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time, shall not be regarded as overtime for the purposes of clause 6.2.2.
6.2.3 Minimum Payment for Sundays - When an employee is called upon to work on a Sunday, they shall, except in the case of emergency, receive a minimum of 3 hours pay at the rates prescribed in clause 5.4.1.
6.2.4 Overtime worked in any calling, in or in connection with which more than one shift per day is worked, shall be paid for at the rate of double time.
6.2.5 For all employees engaged in Shift Work, all time worked in excess of 8 hours in any one day shall be considered as overtime.
6.2.6 Systematic overtime shall not be worked; it shall be considered such when 3 continuous weeks' overtime has been worked:
Provided that clause 6.2.6 shall not apply when extra labour is not available forthwith.
6.2.7 The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practices of "one in, all in" overtime shall not apply.
6.2.8 Meal hours or portion of meal hours worked shall be paid for at double time. When a meal hour is worked, there shall be a break of thirty minutes as soon as possible thereafter for "crib", for which no deduction of pay shall be made. No employee shall be required to work more than 6 hours without a break for a meal.
6.2.9 Meal allowance
An employee, other than an employee living in camp, who is required to continue work after the usual ceasing time shall be supplied with a reasonable meal at the employer's expense, or be paid a meal allowance of $9.60 in lieu thereof, on the following basis:
(a) meal allowance provisions shall apply, where the overtime is of at least 2 hours duration, or at least one hours duration, if such overtime extends beyond 6.00 p.m.
(b) a further meal or meal allowance shall be provided after each period of 4 hours work.
In cases of emergency, where employees are unable to leave their work to procure a meal, the same shall be provided by the employer. No employee shall be required to work longer than 6 hours without a break for a meal.
6.2.10 When an employee has provided themselves with customary meals because of receipt of notice of intention to work overtime, they shall be entitled to an allowance of $9.60 for each meal so provided in the event of the work not being performed or ceasing before the respective meal times.
6.2.11 Crib break
Employees who are required to continue work after their usual ceasing time, shall be entitled to a paid crib break on the following basis:
(a) a thirty (30) minute paid crib break, to be taken at the usual ceasing time, where the overtime is of at least 2 hours duration, or at least one hours duration, if such overtime extends beyond 6.00 p.m.
(b) a further 45 minutes paid crib break, shall be provided after each period of 4 hours work. No deduction of pay shall be made in respect of any such crib breaks.
6.2.12 10 hour break
An employee who works so much overtime between the termination of their ordinary work in one day and the commencement of their ordinary work on the next day, that the employee has not at least 10 consecutive hours off duty between those times shall, subject to clause 6.2.12, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, they shall be paid double rates until the employee is released from duty for such period and they shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:
Provided that, where an employee is recalled to work after the ordinary ceasing time, overtime worked in such circumstances shall not be regarded as overtime for the purposes of clause 6.2.12, where the actual time worked is less than 3 hours on such recall or on each of such recalls.
The provisions of clause 6.2.12 shall apply in the case of shift workers who rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:
(a) For the purpose of changing shift roster; or
(b) Where a shift worker does not report for duty; or
(c) Where a shift is worked by arrangement between the employees themselves.
6.2.13 When any portion of an hour is worked, employees shall receive payment in respect of any broken part of an hour, for not less than one half-hour at the current overtime rate.
6.2.14 Employees who, through working overtime, cannot obtain their ordinary method of conveyance to or from their homes, shall be conveyed to or from their homes by the employer or be paid "such expenses" as are incurred in travelling to or from their homes.
6.2.15 Public holidays
All time worked on the public holidays set out in clause 7.6 (Public Holidays) outside the ordinary working hours specified in this Award, prescribed by a roster, or usually worked on the day of the week on which the holiday is kept, shall be paid at double the rate prescribed by this Award for such time when worked outside such working hours on an ordinary working day.
6.2.16 When an employee works more than 4 hours overtime on a Saturday and/or Sunday they shall be entitled to a meal break of not more than one hour at the end of the fourth hour, provided that their overtime is to continue for not less than one hour after the meal break.
If such overtime continues to the tenth hour from the commencement of such overtime on such day, the employee shall be entitled to a further meal break of not more than one hour. Furthermore, where such overtime continues after the tenth hour from the commencement of such overtime on such day, the employee shall be entitled to a further meal break of not more than one hour after each additional 5 hours until such time as such overtime is completed.
Unless notified on the previous day of such overtime, the employee shall be paid $9.60 for each meal.
6.2.17 Employees who perform work on their scheduled day off, or where it has been agreed to arrange a substitute day, on any substitute day, shall be paid the rates prescribed for work on Saturdays.
