AN160214 – Mineral Sands Mining and Processing Industry Award 1981
(1) Day Employees.
(a) Subject to the provision of subclause (3) of this clause, all time worked outside or in excess of 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.
(b) Where a day employee is required for duty during his usual meal time and his meal time is thereby post-poned for more than one hour, he shall be paid at overtime rates until he gets a meal break of the customary period.
(2) Shift Employees.
(a) Subject to the provisions of paragraph (c) of this subclause, all time worked by a continuous shift employee in excess of the ordinary hours as prescribed or on a shift other than a rostered shift shall be paid for at the rate of double time, except where a employee is called upon to work a regularly rostered overtime shift in not more than one week in any four weeks, when he shall be paid for such shift at time and one half for the first two hours and double time thereafter.
(b) All time worked by a shift employee other than a continuous shift employee in excess of the ordinary hours as prescribed, shall be paid at the rate of time and one half for the first two hours and double time thereafter.
(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;
(ii) If it does not exceed two hours and is due to a relieving man not coming on duty at the proper time; or
(iii) If it is for the purpose of effecting the customary rotation of shifts.
(3) All Employees.
(a) (i) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight 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 his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least ten consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he 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 his employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight 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 into work on a Sunday or public holiday preceding an ordinary working day, he shall, wherever reasonably practicable, be given ten consecutive hours off duty before his usual starting time on the next day. If this is not practicable, then the provisions of sub-paragraphs (ii) and (iii) of this paragraph shall apply mutatus mutandis;
(v) The provisions of this clause 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;
(bb) where a shift employee does not report for duty; or
(cc) where a shift is worked by arrangement between the employees themselves.
(b) (i) When an employee is recalled to work overtime after leaving the job (whether notified before or after leaving the premises) -
(aa) he shall be paid for at least three hours at the appropriate rate on each such occasion but not more than once in respect of any period of time;
(bb) except in the case of unforeseen circumstances arising, he shall not be required to work the full three hours if the job he was to perform is completed within a shorter period.
Provided that sub-paragraphs (aa) and (bb) shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside his ordinary working hours or where the overtime is continuous (subject to a reasonable meal break), with the completion or commencement of ordinary working time.
(ii) Overtime worked in the circumstances specified in sub-paragraph (i) of this paragraph shall not be regarded as overtime for the purposes of paragraph (a) of this subclause where the actual time worked is less than three hours on such recall or on each such recalls.
(c) Subject to the provisions of paragraph (d) 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 $5.40 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required, he shall be supplied with each such meal by the employer or be paid $3.70 for each meal so required.
(d) The provisions of paragraph (c) 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 that he will be required; or
(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.
(e) Where an employee, as a consequence of receiving the notice referred to in paragraph (d)(i) of this subclause, has provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid for each meal provided and not required the appropriate amount prescribed in paragraph (c) of this subclause.
(f) If for any weekly period an employee at the request of the employer, holds himself available after normal working hours to attend to work at short notice, he shall, in addition to the provisions of this clause, be paid in respect of that weekly period, an availability allowance of $20.00.
(g) An employee shall not be compelled to work for more than five and one half hours without a break for a meal.
(h) In computing overtime, each day shall stand alone but when an employee 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.
(i) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements:
(ii) subject to the provisions of the Mines Regulations Act 1946-1969, no employee covered by this award shall, by collective action, be a party to any ban on overtime.
(4) Overtime on shift work shall be based on the rate payable for shift work.
