AP769412CRV - Business Equipment Industry - Technical Service - Award 1999
26.1.1 An employee who works in excess of or outside the employee’s ordinary hours established in accordance with clauses 24 - Hours of work or 27 - Shift work, of this award shall be paid at the rate of time and one half for the first three hours and double time thereafter, until the completion of work.
26.1.2 Provided that employees who are late starting or are absent for part of their ordinary hours on unpaid leave shall complete their ordinary hours for that day prior to the entitlement to overtime.
26.2 Requirement to work reasonable overtime
An employer may require any employee to work reasonable overtime and such employee shall work overtime in accordance with such requirement.
The assignment of overtime by an employer shall be based on the specific work requirements and the practice of one in, all in overtime shall not apply.
26.4.1 Days other than Sunday
An employee required to work overtime on any day off that is not a Sunday shall be paid in accordance with 26.1 hereof.
26.4.2 Sunday
An employee required to work on a Sunday that is a day off shall be paid double time for all work.
26.4.3 Minimum payment
26.4.3(a) An employee required to work overtime on a Saturday or Sunday shall be paid for a minimum of four hours at the appropriate rate except where such overtime is worked prior to or at the conclusion of ordinary hours of work.
26.4.3(b) In such circumstances, the employee shall receive payment at the rate prescribed in 26.1 hereof for the actual time worked.
26.5 Rest break during overtime
26.5.1 An employee working overtime shall be allowed a rest break of twenty minutes without deduction of pay after each four hours of overtime if the employee continues to work after such rest break.
26.5.2 An employee working overtime for two or more hours after the completion of ordinary working hours shall receive a paid rest break of twenty minutes. This rest break is to be taken at the commencement of overtime and is to be paid at the employee's ordinary time rate.
26.5.3 An employer and employee may agree to a 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 twenty minutes.
26.6.1 An employee recalled to work overtime after leaving work shall be paid a minimum of four hours or where the employee has been paid for standing by in accordance with 26.7 hereof, the employee shall be paid for a minimum of three hours at the appropriate overtime rate for each time recalled, except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
26.6.2 Provided that, the employee shall not be required to work the full four or three hours as the case may be if the job(s) recalled to perform are completed within a shorter period.
26.6.3 Notwithstanding the above, where an employee is recalled within the four or three hour guarantee period, the four or three hours' minimum for the first recall shall be cancelled and the employee shall be paid up to the commencement of the second or subsequent recalls.
26.6.4 The provisions of this subclause shall not apply in circumstances where an employee provides technical service or technical support over the telephone or via remote access arrangements.
26.6.5 Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 26.8 hereof.
[26.7.1 corrected by S8049; varied by S8847 PR907451 PR919876 PR933540 PR949628 PR959562 PR974905 PR978745; PR983865 ppc 01Oct08]
26.7.1 An allowance of $10.00 per hour shall be paid to an employee for the period the employer requires the employee to remain in readiness for a return to work outside the employee's ordinary hours.
26.7.2 While receiving the appropriate overtime rate in accordance with 26.1 hereof the stand-by allowance shall not be paid.
26.8 Rest period after overtime
26.8.1 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.
26.8.2 An employee (other than a casual or part-time employee), who works so much overtime between the termination of the ordinary work on one day and the commencement of the ordinary work on the next day that the employee not had 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 had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
26.8.3 If on the instructions of the employer an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double time until released from duty for such period and then is entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay.
26.8.4 The provisions of this subclause shall not apply to call backs or in circumstances where an employee provides technical service or technical support over the telephone or via remote access arrangements.
26.9 Technical service/support
26.9.1 An employee required to work overtime providing technical service or technical support over the telephone or via remote access arrangements shall be paid for each occasion that such work is carried out:
except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.
26.9.2 Provided that, the employee shall not be required to work the full half an hour or one hour as the case may be if the work which the employer requires to be performed is completed within a shorter period.
26.9.3 Notwithstanding the above, where an employee is required to carry out further overtime work within the half an hour or one hour guarantee period, the half an hour or one hour minimum for the first work period shall be cancelled and the employee shall be paid up to the commencement of the second or subsequent work period.
26.9.4 Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 26.6 or 26.8 hereof.
The rates prescribed in this clause are in substitution for and not cumulative upon the rates prescribed in clauses 24 –Hours of work and 27 - Shift work, of this award.
