AN150140 – Social and Community Services Award

CLAUSE 6.4 OVERTIME
OPDATE 04:11:2005 on and from

6.4.1 Definition

Subject to provisions in clause 6.5.7 and in clause 6.4.10, all authorised time worked by employees (other than employees renumerated at a rate above Level 5 as set out in Schedule 1) in excess of the ordinary hours of work as prescribed in clauses 4.2 and 6.1 will be overtime and -

(a) on Mondays to Fridays and on Saturdays inclusive will be paid at the rate of time and a half for the first three hours and double time thereafter; such double time to continue until completion of the overtime work;

(b) on Sundays will be paid at the rate of double time.

6.4.2 Time off in lieu of overtime

6.4.2.1 Subject to clause 6.4.1, if the employer and the employee agree time off may be granted in lieu of payment for overtime for up to 7.6 hours per fortnight on an hour for hour basis provided that:

(a) any overtime worked in excess of 3 hours on one day will accrue time off at the rate of 200%

(b) subject to paragraph (a) above any overtime worked in excess of 3.8 hours per week will accrue in the following manner:-

(i) first 3 hours at 150%;

(ii) thereafter at 200%.

6.4.2.2 Time off in lieu accrued under this clause should be taken on the working day following the extra duty or as soon as practical thereafter; provided that where this is not possible actual overtime worked may be accumulated up to thirty eight hours.

6.4.2.3 Where an employee has accumulated 38 hours actual overtime pursuant to clause 6.4.2.2, the employee by mutual agreement with the employer may take such time off in conjunction with current annual leave credits or will be paid for such time at the rate of 150 per centum. Where the time off in lieu is taken in conjunction with the current annual leave credit such time off will not be subject to annual leave loading as provided under clause 7.1.

6.4.3 Requirement to work overtime

An employee may be required to work reasonable overtime at overtime rates and such employee will work overtime in accordance with such requirement; provided that, except in emergencies, the employee will be given reasonable notice of requirement to work overtime.

6.4.4 Minimum payment

An employee who is required to present herself/himself for overtime work on a Saturday or Sunday will be paid for a minimum of three hours; provided that an employee will not be required to work the full three hours if the work such employee is employed to perform is completed in a shorter period.

6.4.5 Calculation of payment

6.4.5.1 The hourly rate to be used for such calculations will be that defined in clause 5.2.7.

6.4.5.2 In the case of casual employees working overtime, such employees will continue to receive the 20 per centum casual loading based on the hourly rate as prescribed in 6.4.5.1 so that -

(a) Where time and a half is applicable, the rate of pay will be 170 per centum of the hourly rate;

(b) Where double time is applicable the rate of pay will be 220 per centum of the hourly rate.

6.4.5.3 In computing overtime payments, each day’s work stands alone.

6.4.6 Recall to work

6.4.6.1 An employee who is recalled to work overtime after leaving the place of employment will be paid for a minimum of three hours work at the appropriate rate for such time so recalled, provided that an employee will not be required to work the full three hours if the work such employee is recalled to perform is completed in a shorter period.

6.4.6.2 Clause 6.4.6.1 will not apply when overtime is continuous (subject to a twenty minute meal break without deduction of pay) with completion or commencement of ordinary working time.

6.4.6.3 Except as provided for in clause 6.4.6.4, where an employee is recalled for duty on his/her programmed day off, he/she will be paid in accordance with the provisions of this clause as applicable and he/she will be entitled to substitute another day for the programmed day.

6.4.6.4 Where a full-time employee has been given prior notice (such notice to be given as soon as practicable) that he/she will be required to work on his/her programmed day off due to an emergency, such employee will be paid at ordinary time for that day and a substitute day off will be granted.

6.4.6.5 Overtime worked in the circumstances of this clause 6.4.6.4 will not be regarded as overtime for the purpose of clause 6.4.8 when the actual time worked is less than the minimum of three hours on such recall or recalls.

6.4.7 Transport

When an employee is required to work overtime and finishes work at a time when normal means of transport are not available, the employer will provide such employee with a conveyance to reach the employee's home or pay him/her his/her current wage for the time reasonably occupied in reaching her/his home. Provided that where an employee uses his/her own vehicle, he/she will be paid a mileage allowance as set in clause 8.1.

6.4.8 Meal break and meal allowance

6.4.8.1 Meal break

6.4.8.1(a) An employee working overtime will be allowed a meal break of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such meal break. Provided that where an employee is required to work overtime on a Saturday or on a programmed day off, the first prescribed meal break will, if occurring between 10 a.m. and 1 p.m. be paid at ordinary rates.

6.4.8.1(b) Unless the period of overtime is less than one and a half hours, an employee, before starting overtime after working ordinary hours, will be allowed a meal break of twenty minutes which will 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 will not be required to make any payment in respect of any time allowed in excess of twenty minutes.

6.4.8.2 Meal allowance

6.4.8.2(a) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that the employee will be so required to work, will either be supplied with a meal by the employer or paid an allowance as set out in Schedule 11 per meal. Such payment need not be made to employees living in the same locality as their workplace who can reasonably return home for meals.

6.4.8.2(b) Unless the employer advises 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 will provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.

6.4.8.2(c) 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 will be paid as above prescribed for meals which he/she has provided but which are surplus.

6.4.9 Eight hour break

6.4.9.1 If an employee (other than a casual employee) who works so much overtime between the termination of ordinary work one day and the commencement of the employee's ordinary work on the next day, that the employee has not had at least eight consecutive hours off duty between those times will, subject to this clause, be released after completion of such overtime until such employee has eight consecutive hours off duty without loss of pay for ordinary time occurring during such absences.

6.4.9.2 If on instructions of the employer, such an employee resumes or continues to work without having eight consecutive hours off duty, the employee will be paid at appropriate overtime rates until so released and will then be entitled to be absent until having had eight consecutive hours off duty without loss of pay occurring during such absence.

6.4.10 Salary package

Where the salary of an employee is at or above Level 5, Year 1, then overtime and penalty rates prescribed by this Award will apply unless a written agreement is reached between the employee and the employer for a suitable employment package to take account of work which is likely to be performed outside of the ordinary hours and other similar contingencies inherent in the work. Provided, however, that the Union will have the right upon request to pursue the terms of the employment package which has been so negotiated.