AN160140 – Gate, Fence and Frames Manufacturing Award
(1) (a) The provisions of this subclause apply to all employees other than those engaged on continuous shift work.
(b) Subject to the provisions of this subclause, all work done beyond the ordinary working hours on any day, Monday to Friday, inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
For the purpose of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with Clause 6. - Hours of this Award.
(c) (i) Work done on Saturdays after 12.00 noon or on Sundays, shall be paid for at the rate of double time.
(ii) Work done on any day prescribed as a holiday under this award shall be paid for at the rate of double time and a half.
(d) Work done on Saturdays prior to 12.00 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter but this paragraph does not apply in a case to which paragraphs (d) or (h) of subclause (1) of Clause 6. - Hours of this Award applies.
(e) In computing overtime each day shall stand alone but when a worker works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause.
(2) (a) The provisions of this subclause apply only to employees engaged on continuous shift work.
(b) Subject to the provisions of paragraph (c) of this subclause, all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time, except where an employee is called upon to work a sixth shift in not more than one week in any four weeks, when the employee shall be paid for such shift at time and a half for the first four hours and double time thereafter.
For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with subclauses (3) and (4) of Clause 6. - Hours of this Award.
(c) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates -
(i) if it is due to private arrangements between the employees themselves; or
(ii) if it does not exceed two hours and is due to a relieving employee not coming on duty at the proper time; or
(iii) if it is for the purpose of effecting the customary rotation of shifts.
(3) (a) The provisions of this subclause apply to all employees.
(b) Overtime on shift work shall be based on the rate payable for shift work.
(c) (i) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an employee has at least ten consecutive hours off duty between the work of successive days.
(ii) An employee (other than a casual employee) who works so much overtime between the termination of the employee's ordinary work on one day and the commencement of the employee's ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this paragraph, 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.
(iii) If, on the instructions of the 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 released from duty for such period and shall then be entitled to be absent for such period of ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(iv) Where an employee (other than a casual employee or an employee engaged on continuous shift work) is called in to work on a Sunday or holiday prescribed under this award preceding an ordinary working day, the employee shall, wherever reasonably practicable, be given ten consecutive hours off duty before the employee's usual starting time on the next day. If this is not practicable then the provisions of placita (ii) and (iii) of this paragraph shall apply mutatis mutandis.
(v) The provisions of this paragraph shall apply in the case of shift employees who rotate from one shift to another, as if eight hours were substituted for ten hours when overtime is worked -
(aa) for the purpose of changing shift rosters; or
(bb) where a shift worker does not report for duty; or
(cc) where a shift is worked by arrangement between the workers themselves.
(vi) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this paragraph when the actual time worked is less than three hours on such recall or on each of such recalls.
(d) When an employee is recalled to work after leaving the job -
(i) the employee shall be paid for at least three hours at overtime rates;
(ii) time reasonably spent in getting to and from work shall be counted as time worked.
(e) When an employee is instructed by the employer to hold in readiness at the employee's place of residence or other agreed place of residence for a call to work after ordinary hours, he shall be paid at ordinary rates for the time the employee so holds in readiness.
(f) Subject to the provisions of paragraph (h) of this subclause, an employee required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $8.80 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $6.05 for each meal so required.
(g) The provisions of paragraph (f) of this subclause do not apply -
(i) in respect of any period of overtime for which the employee has been notified on the previous day or earlier;
(ii) to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he can reasonably go home.
(h) If an employee to whom placitum (i) of paragraph (g) of this subclause applies has, as a consequence of the notification referred to in that paragraph, provided a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, the employee shall be paid, for each meal provided and not required, the appropriate amount prescribed in paragraph (f) of this subclause.
(i) (i) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
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.
(ii) No union or association party to this award, or employee or employees covered by this award, shall 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.
(4) The provisions of this clause do not operate so as to require payment of more than double time rates, or double time and a half on a holiday prescribed under this award, for any work except and to the extent that the provisions of Clause 14. - Special Rates and Provisions of this award apply to that work.
