AN140115 – Fertilizer Industry Award - State 2003
6.3.1 All time worked before or after the ordinary starting and ceasing times or outside the ordinary working hours or in excess of 38 hours per week shall be deemed to be overtime.
6.3.2 All overtime, except as hereinafter provided, shall be paid for at one and a-half times the ordinary rate for the first 3 hours, after which double time shall be paid until the ordinary starting time next morning. Time and a-half shall be paid where employees start work between 6 a.m. and the usual starting time:
Provided that if employees are called upon to work overtime commencing on Saturday, they shall be paid at one and a-half times the ordinary rate for the first 3 hours and double time thereafter, with a minimum of 2 hours' work or payment therefor.
6.3.3 Overtime worked by shift workers shall be paid for at the rate of double time.
6.3.4 All time worked on Sundays, excepting in the case of continuous shift workers for whom Sunday work is a rostered ordinary shift, shall be deemed to be overtime and shall be paid for at the rate of double time, with a minimum of 2 hours' work or payment therefor.
6.3.5 Where employees are called out between midnight and 6 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 a.m. on Saturday.
6.3.6 All work performed during the ordinary meal break shall be paid for at the rate of double time, and the rate of double time shall continue to be paid until the meal break is taken for which meal break no deduction of pay shall be made.
6.3.7 When working overtime for more than 2 hours after the ordinary ceasing time, 30 minutes shall be allowed for crib for which no deduction of pay shall be made.
6.3.8 An employee called upon to work for more than 2 hours after the ordinary ceasing time, shall be paid an allowance of $9.60 for a meal or shall be supplied by the employer with a reasonable meal in lieu of such payment, in respect of each meal break allowed during such overtime as provided for in clause 6.3.7.
6.3.9 Where an employee has been previously notified that they are required to work overtime after the ordinary ceasing time and such overtime is not then worked, in the event of the employee having provided themselves with one or more meals as a result thereof, they shall be paid the $9.60 meal allowance as provided in clause 6.3.8 for each meal so provided.
6.3.10 Any employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that they have not at least 10 consecutive hours off duty between those times shall, subject to clause 6.3.10, be released after completion of such overtime until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of their employer such an employee resumes or continues work without having had such 10 consecutive hours off duty, they shall be paid double rates until they are released from duty for such period and they shall then be entitled to be absent until they have 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 overtime and actually works not more than 2 hours' overtime, clause 6.3.10 shall not apply:
Provided further that the provisions of clause 6.3.10 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 rosters.
(b) Where a shift worker does not report for duty.
(c) Where a shift is worked by an arrangement between the employees themselves.
6.3.11 If a shift work employee is called upon to work on a day on which they are rostered off, they shall be paid for work on such day at the rate of double time in addition to their full-time rate.
6.3.12 General Fertilizers Limited
Notwithstanding the provisions of clause 6.3.11 the following provisions shall apply to employees of General Fertilizers Limited:
(a) If a continuous shift work employee is called upon to work on any day or shift on which they are normally rostered off duty, they shall be paid at a rate equal to 3 times the rate of pay for ordinary time worked, while they are so employed, and any time so worked less than 2 hours shall count as 2 hours worked for the purposes of calculating their remuneration.
(b) Provided that clause 6.3.12(a) shall not apply if:
(i) The overtime period so worked follows immediately after a rostered shift of duty; or
(ii) An employee of the type referred to is either rostered to work an overtime shift, or offered overtime on a shift on which they are normally rostered off duty, such offer of overtime being made 48 hours before they are required to perform the overtime, when the overtime so worked shall be paid at double ordinary rates of pay.
An employee recalled to work shall either be provided with a minimum of 2 hours' work or shall be paid for 2 hours at the appropriate rate in respect of each such recall.
6.3.13 Time off in lieu of overtime
Subject to mutual agreement in writing between the employee and the employer, an employee may be compensated for working overtime in lieu of payment, by being allowed time off equivalent to the prescribed penalty rate.
Such time off shall be allowed and taken within 28 days of the overtime being worked, or paid out to the employee.
