AN170120 – Metal and Engineering Industry Award
(a) For all work done outside ordinary hours as prescribed in Part V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME, Clause 1 - Hours of Work the rate of pay shall be time and a half for the first three hours and double time thereafter, such double time to continue until the completion of the overtime work.
Except as provided in this subclause or subclause (b) hereof in computing overtime each day's work shall stand alone.
(b) Rest Period After Overtime
When overtime work is necessary it shall wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
An employee (other than a casual 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 the employee did not have at least ten consecutive hours off duty between those times shall subject to this subclause be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary work occurring during such absence.
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 be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) Call Back
An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at the appropriate rate for each time the employee is so recalled.
PROVIDED that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job the employee was recalled to perform is completed within a shorter period.
This subclause 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 ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause (b) of this clause where the actual time worked is less than four hours on such recall or on each of such recalls.
(d) Saturday Work
Except as provided in Part V - HOURS OF WORK, PENALTY PAYMENTS AND OVERTIME, Clause 4 - Shift Work an employee engaged to work overtime on a Saturday shall be afforded at least three hours work or paid for three hours at the appropriate rate except where such overtime is continuous with overtime commenced on the day previous.
(e) Stand-by
An employee who is required by the employer to be available for a call back or be available to work after hours shall until notified by the employer be paid the ordinary hourly rate of wage as specified in Part III - WAGES AND RELATED MATTERS, Clause 1 – Wage Rates.
(f) Rest Period
An employee working overtime shall be allowed a rest period of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues to work after each rest period.
Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours shall be allowed a meal break not exceeding 20 minutes which shall be paid for at ordinary rates.
However, 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 shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
(g) Requirement to Work Reasonable Overtime
An employer may require an employee to work reasonable overtime at overtime rates.
An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
(h) Time Off in Lieu of Payment
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of time off in lieu of overtime provided that:
(i) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(ii) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked (unless otherwise provided elsewhere in the award).
(iii) An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in subclause (a) of this clause, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.
(iv) An employee or the employees may choose to request a union party to this award, to represent their interests in negotiation referred to in paragraph (i) of this subclause.
(v) Once a decision has been taken to introduce an enterprise system of time off in lieu, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to Regulation 25 of the Industrial Relations Regulations 1993.
(vi) An employer shall record time off in lieu arrangements in the time and wages book as prescribed in Part IX - Award Compliance and Union Related Matters, Clause 1 - Time and Wages Record of this award at each time this provision is used.
