AP789529CRV - Metal, Engineering and Associated Industries Award 1998
Summary
Overtime is payable for work done outside the ordinary hours of work. Generally speaking, the overtime rate is time and a half for the first three hours and double time thereafter. Continuous shift workers are entitled to double time for all overtime.
Employees are required to work a reasonable amount of overtime. Minimum payments are prescribed for overtime work on Saturday, Sunday and Public Holidays.
Employees are required to have a rest period normally between work on successive days.
Provision is made for employees being called back after leaving the premises and for standing by for callback.
Meal breaks and meal allowances are also dealt with in this clause.
6.4.1 Payment for Working Overtime
6.4.1(a) Except as provided for in 6.4.1(d), 6.4.1(e), 6.4.8 and 6.4.9, for all work done outside ordinary hours on any day or shift (as defined in subclauses 6.1.1, 6.1.2 and 6.1.3) the overtime rates of pay are time and a half for the first three hours and double time thereafter until the completion of the overtime work. For continuous shift workers the rate for working overtime is double time.
6.4.1(b) For the purposes of this clause "ordinary hours" means the hours worked in an enterprise, fixed in accordance with clause 6.1 of this award.
6.4.1(c) The hourly rate, when computing overtime, is to be determined by dividing the appropriate weekly rate by 38, even in cases when an employee works more than 38 ordinary hours in a week.
6.4.1(d) (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.
(iii) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under paragraph (i) of this subclause where such time has not been taken within four weeks of accrual.
[Pt I:Pt 6:6.4.1(e) corrected by Q2704 from 01Jul98]
6.4.1(e) When not less than 7 hours 36 minutes notice has been given to the employer by a relief shiftworker that he or she will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on his or her rostered day off the unrelieved employee shall be paid double time.
6.4.1(f) In computing overtime each day's work shall stand alone.
6.4.2 Requirement to Work Reasonable Overtime
[Pt I:Pt 6:6.4.2 substituted by PR923084 ppc 29Oct02]
6.4.2(a) Subject to clause 6.4.2(b) an employer may require an employee to work reasonable overtime at overtime rates.
6.4.2(b) 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.
6.4.3 One in, All in does not Apply
The assignment of overtime by an employer to an employee is to be based on specific work requirements and the practice of "one in, all in" overtime must not apply.
6.4.4 Rest Period after Overtime
6.4.4(a) When overtime work is necessary it must, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive working days.
6.4.4(b) An employee (other than a casual employee) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to this subclause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
6.4.4(c) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at double rates until he or she is released from duty for such period. The employee is then entitled to be absent until he or she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
6.4.4(d) By agreement between the employer and individual employee, the 10 hour break provided for in this clause may be reduced to a period no less than 8 hours.
6.4.4(e) The provisions of this subclause will apply in the case of shift workers as if eight hours were substituted for 10 hours when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shift worker does not report for duty and a day worker or a shift worker is required to replace the shift worker; or
(iii) where a shift is worked by arrangement between the employees themselves.
[Pt I:Pt 6:6.4.5 corrected by Q2704 from 01Jul98]
An employee recalled to work overtime after leaving the employer's enterprise (whether notified before or after leaving the enterprise) is to be paid for a minimum of four hours work at the rate of time and one half for the first three hours and double time thereafter (or double time for the full period for continuous shift workers). There are a number of conditions which apply to this provision:
6.4.5(a) Where an employee is required to regularly hold himself or herself in readiness for a call back he or she will be paid for a minimum of three hours work at the appropriate overtime rate. This is subject to 6.4.6 which deals with the conditions for standing by.
6.4.5(b) If the employee is recalled on more than one occasion between the termination of their ordinary work on one day and the commencement of their ordinary work on the next ordinary working day he or she shall be entitled to the three or four hour minimum overtime payment provided for in this subclause for each call back. However, in such circumstances, it is only the time which is actually worked during the previous call or calls which is to be taken into account when determining the overtime rate for subsequent calls.
6.4.5(c) Except in the case of unforeseen circumstances arising, an employee will not be required to work the full three or four hours as the case may be if the job he or she was recalled to perform is completed within a shorter period.
6.4.5(d) This subclause does not apply in cases where it is customary for an employee to return to the enterprise to perform a specific job outside the employee's ordinary working hours or where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary working time.
6.4.5(e) Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of 6.4.4, Rest Periods After Overtime, when the actual time worked is less than three hours on the call back or on each call back.
Subject to any custom prevailing at an enterprise, where an employee is required regularly to hold himself or herself in readiness to work after ordinary hours, the employee is to be paid standing by time at the employee's ordinary rate of pay for the time he or she is standing by.
A day worker required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the rate of time and one half for the first three hours and double time thereafter, except where the overtime is continuous with overtime commenced on the previous day.
Employees required to work overtime on Sundays shall be paid for a minimum of three hours work at double time. The double time is to be paid until the employee is relieved from duty.
Refer to 7.5.2 to determine the pay entitlements of persons who work overtime on a public holiday
[Pt I:Pt 6:6.4.10(a) corrected by Q2704 from 01Jul98]
6.4.10(a) An employee working overtime must be allowed a rest break of 20 minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.
6.4.10(b) Where a day worker is required to work overtime on a Saturday, Sunday or Public Holiday or on a rostered day off, the first rest break will be paid at the employee's ordinary rate of pay.
[Pt I:Pt 6:6.4.10(c) corrected by Q2704 from 01Jul98]
6.4.10(c) Where overtime is to be worked immediately after the completion of ordinary work on a day or shift and the period of overtime is to be more than one and a half hours, an employee, before starting the overtime is entitled to a rest break of 20 minutes to be paid at ordinary rates.
6.4.10(d) An employer and employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under this subclause.
[Pt I:Pt 6:6.4.11 varied by Q1020 R5307 S8605 PR904632 PR918271 PR932048 PR947308 PR959867 PR975561 PR978589; PR983703 ppc 01Oct08]
6.4.11(a) An employee is entitled to a meal allowance of $11.08 on each occasion that the employee is entitled to a rest break in accordance with subclause 6.4.10, except in the following circumstances:
(i) if the employee is a day worker and was notified no later than the previous day that they would be required to work such overtime;
(ii) if the employee is a shift worker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;
(iii) if the employee lives in the same locality as the enterprise and could reasonable return home for meals.
6.4.11(b) If an employee has provided a meal or meals on the basis that he or she has been given notice to work overtime and the employee is not required to work overtime or is required to work less than the amount advised, he or she shall be paid the prescribed meal allowance for the meal or meals which he or she has provided but which are surplus.
[Pt I:Pt 6:6.4.12 corrected by Q2704 from 01Jul98]
When an employee, after having worked overtime or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with a conveyance home, or pay him/her their current wage for the time reasonably occupied in reaching home.
