AN140196 – Off-Shore Island Resorts Award - State 2005
6.5.1 All time worked outside the spread of ordinary working hours, or in excess of the working hours as provided, on any one day, or in excess of an average of 38 hours per week, shall be deemed to be overtime and shall be paid for at the rate of time and a-half:
Provided that employees required to work more than 3 hours' overtime after the ordinary ceasing time on any day, shall be paid at the rate of double time for all such overtime worked in excess of 3 hours on that day.
6.5.2 No employee shall work overtime without the permission of the employer, and payment for any overtime so worked shall be claimed, adjusted and made at the next ensuing date of payment of such employee. Overtime shall be deemed to be claimed when it is entered in the time-book.
6.5.3 Extra payments - bar attendants
(a) Clauses 6.5.3(b) and (c) shall only apply to existing employees engaged on or before 16 August 1993.
(b) All work performed by bar attendants within their ordinary hours but after 10 p.m. on any night shall be paid for at the rate of time and a-half.
(c) All work performed by bar attendants on an ordinary shift on a Sunday before 10 p.m. shall be paid for at the rate of ordinary time plus a loading of 12.5%. Work performed on an ordinary shift after 10 p.m. on a Sunday shall be paid for at the rate of time and a-half.
6.5.4 Call outs
(a) Recall to work
When an employee is recalled to work overtime after leaving the employee's work place, whether notified before or after leaving the workplace such employee shall be paid a minimum of 4 hours' work at the appropriate rate:
Provided that clause 6.5.4(a) shall only have application to those employees engaged by the resort who reside (permanently) on the mainland.
(b) Call out
When an employee is a resident and is called out to work overtime after leaving the employee's work place, whether notified before or after leaving the work place, such an employee shall be paid a minimum of:
(i) one hour's work at double time if such a person is a Technical Service Operator Level 5 employee as defined in this Award.
(ii) one hour's work at time and a-half for all other employees paid according to clause 5.2.
(c) Stand-by allowance
Where an employee is required or directed by the employer to remain on the premises and hold themselves in readiness for work, such an employee shall be entitled to a weekly stand-by allowance of $72.10 or $10.30 per day and shall be bound by a one hour minimum work period to be paid for at the appropriate rate when such an employee is required to perform work whilst standing by.
(d) Overtime worked in the circumstances specified in clauses 6.5.4(a), (b) and (c) shall not be regarded as overtime for the purposes of a rest period as prescribed in clause 6.1.7.
6.5.5 Time off in lieu
Notwithstanding the provisions of clause 6.5, there may be an agreement in writing between the employee and the employer to take time off with pay. Such time off shall be equivalent to the number of ordinary hours pay that the employee would have received for such overtime. Accumulated time must be taken within 2 months from the time of accrual and at a time mutually agreed between the employee and the employer or paid out after 3 months:
Provided that outstanding accrued overtime shall be paid at the appropriate rate in full at the time of termination, for any reason, by either party. Such agreement shall be recorded in writing in the time and wages record.
