AP791396CRV - National Electrical, Electronic and Communications Contracting Industry Award 1998
22.1 Payment for working overtime
22.1.1 For all work done outside ordinary hours, the rates of pay shall be time and a half for the first two hours and double time thereafter in Victoria and Tasmania; and in South Australia and the Australian Capital Territory, time and a half for the first three hours and double time thereafter such double time to continue until the completion of overtime work.
22.1.2 Except as provided in 22.2, 22.3 and 22.4 hereof, in computing overtime each day’s work shall stand alone.
22.1.3 In the Australian Capital Territory, provided, however, that if an employee is required to work overtime after 10.00 pm on any day the rate payable shall be double time for all time so worked.
22.2 Rest period after overtime
22.2.1 Except in South Australia, an employee, other than a casual employee, who works continuous overtime from the time the employee would have ordinarily ceased work, shall have at least 10 consecutive hours off duty on completion of such overtime and shall not suffer loss of pay for any ordinary working time occurring during such off duty period.
22.2.2 Provided that, if on the instructions of the employer, such an employee resumes or continues to work without having had such ten consecutive hours off duty the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then 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.
22.3 Rest period after overtime - Australian Capital Territory
22.3.1 If an employee is so long on overtime duty that they have not had 8 hours rest before the next regular starting time, they shall be allowed at least 8 hours rest without deduction of pay. Or they shall be paid at overtime rates for all time off duty until they have had at least 8 hours rest.
[22.3.2 varied by Q9130 ppc 30Jun98]
22.3.2 When an employee works overtime or a shift for which they have not regularly been rostered and finishes work at a time when reasonable means of transport are not available, the employer shall provide transport or pay wages for the time occupied in reaching home. Provided that nothing in this subclause shall apply to an employee who resides in the same locality as the workshop or to an employee who ordinarily uses a bicycle or motor vehicle to travel to and from work.
22.4 Rest period after overtime - South Australia
An employee, other than a casual employee, shall have a rest period of at least ten hours between the completion of work on one day and the commencement of ordinary work on the next day. In the event that the employee has not had at least ten consecutive hours off duty between those times the employee shall be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary time 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 the employee is released from duty for such period and the employee shall then 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.
22.5.1 An employee working overtime shall be allowed a crib time of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time. Provided that where a day worker on a five day week is required to work overtime on a Saturday the first prescribed crib time shall if occurring between 10am and 1pm be paid at ordinary rates.
22.5.2 In South Australia, unless the period of overtime is less than two hours, an employee, before starting overtime after working ordinary hours, shall be allowed a meal break of twenty minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation on 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.
[22.6 substituted by PR922125 ppc 30Aug02]
22.6.1 Subject to clause 22.6.2 an employer may require an employee to work reasonable overtime at overtime rates other than employees employed in accordance with the provision of clause 11.2.4(e) (Part-time employment - overtime).
22.6.2 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:
22.6.2(a) any risk to employee health and safety;
22.6.2(b) the employee’s personal circumstances including any family responsibilities;
22.6.2(c) the needs of the workplace or enterprise.
22.6.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
22.6.2(e) any other relevant matter.
An employee required to work overtime on a Saturday, Sunday, Rostered Day Off or Public Holiday prescribed in this award, shall be paid a minimum of hours at the appropriate penalty rate.
Victoria & Tasmania |
Min 4 hours |
South Australia |
Min 3 hours |
Australian Capital Territory |
Min 3 hours (Sunday & Public Holidays only) |
22.8 Sunday and public holiday work
Double time shall be paid for work done on Sundays and double time and a half shall be paid for work on any of the Public Holidays prescribed in this award.
22.9.1 Except in South Australia
22.9.1(a) An employee recalled to work overtime after leaving the employer's business premises or the jobs at which the employee is engaged (whether notified before or after leaving) shall be paid for a minimum of four hours' (and in the Australian Capital Territory three hours) work at the appropriate rate for each time the employee is so recalled.
22.9.1(b) This shall not apply where it is customary for an employee to return to work to perform a specific job outside normal working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
22.9.2 In South Australia
An employee, recalled to work overtime after leaving the employer’s business premises or the jobs at which the employee is engaged (whether notified before or after leaving), shall be paid for a minimum of four hours’ work at the appropriate rate for each time the employee is so recalled. This shall not apply where it is customary for an employee to return to work to perform a specific job outside normal 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 as specified in this subclause shall not be regarded as overtime for the purposes of 22.4 hereof where the actual time worked is less than four hours on such recall.
22.10 In Victoria and Tasmania - rest break after call back
22.10.1 An employee who has been recalled shall have at least ten consecutive hours off duty after completing such recall (or, in the case of more than one recall between the employer’s normal finishing time on one day and the normal starting time on the next succeeding day, the completion of the last recall in that time) and shall not suffer loss of any pay for any ordinary working time occurring during such off-duty period.
22.10.2 Provided that, if on the instructions of the employer, such an employee resumes or continues to work without having had such ten consecutive hours off duty the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then 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.
22.11 Availability for duty (excludes Australian Capital Territory)
Where an employee is on availability duty, the employee shall be paid an availability for duty allowance of (*) and if required to work shall be paid at the appropriate rate for actual time worked.
The amount of the Allowance is set out in the appropriate Table of this award.
22.11.1 Except for South Australia, for the purpose of this clause:
22.11.1(a) Availability duty shall mean that the employee concerned shall be available to the employer by means of telephone at any time the employee is receiving the availability for duty allowance.
22.11.1(b) Actual time worked shall mean the time taken from leaving the employee’s home to return thereto and in the case of a single call out, the employee shall be paid for a minimum of two hours at the appropriate rate.
22.11.2 In Victoria and Tasmania
22.11.2(a) Provided that an employee who is required to work Monday to Friday or part thereof between the hours of 1am to 5am inclusive, shall be afforded a rest period for all time spent working during that period. Such rest period to commence at the normal starting time on that day.
22.11.2(b) Provided further that such rest period be paid at ordinary time.
