AP795978 - Space Tracking Industry Award 1998
24.1 Payment for working overtime
24.1.1 Except as provided for in 24.1.4, 24.1.5, 24.8 and 24.9, for all work done outside ordinary hours on any day or shift as defined in 21.1, 21.2 and 21.3 the overtime rates of pay are time and a half for the first two hours and double time thereafter until the completion of the overtime work. For continuous shift workers the rate for working overtime is double time.
24.1.2 For the purposes of this clause ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 21 – Ordinary hours of work of this award.
24.1.3 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.
24.1.3(a) 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.
24.1.3(b) Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked, except at Jindalee Project Facilities where it will be taken at the penalty rate equivalent .
24.1.3(c) An employer will, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked where such time has not been taken within four weeks of accrual.
24.1.4 Overtime is not payable to shiftworkers for work done outside ordinary hours where the time worked is:
24.1.4(a) By arrangement between shiftworkers themselves;
24.1.4(b) For the purpose of effecting the customary rotation of shifts.
24.1.4(c) When not less than seven hours 36 minutes notice has been given to the employer by a relief shiftworker that the employee will be absent from work and the shiftworker whom that person should relieve is not relieved and is required to continue work on their rostered day off the unrelieved employee will be paid double time.
24.1.5 In computing overtime each day's work will stand alone.
24.2 Requirement to work reasonable overtime
[24.2 substituted by PR922127 ppc 30Aug02]
24.2.1 Subject to clause 24.2.2 an employer may require an employee to work reasonable overtime at overtime rates.
24.2.2 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:
24.2.2(a) any risk to employee health and safety;
24.2.2(b) the employee’s personal circumstances including any family responsibilities;
24.2.2(c) the needs of the workplace or enterprise.
24.2.2(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
24.2.2(e) any other relevant matter.
24.3.1 An employee (except at Jindalee Project Facilities) who agrees to remain at a particular place outside their ordinary working hours, at the request of the employer, will be deemed to be on duty and will be paid for the period the employee is required to remain at that place, and does so remain, at their ordinary hourly rate.
24.3.2 Time for which payment is made pursuant is made to this sub-clause will be for a minimum of four hours' work, except where, before the expiration of four hours an employee is recalled to work overtime in accordance with 24.4.
24.3.3 An employee at Jindalee Project Facilities who agrees to remain at a particular place outside their ordinary working hours, at the request of the employer, will be deemed to be on duty and will be paid for the period the employee is required to remain at that place, and does so remain, will be paid an allowance as a percentage of their ordinary hourly rate for each hour as follows:
Allowance | |
Weekdays |
7.5% |
Weekends |
10% |
Public holidays |
15% |
24.4.1 Call back
24.4.1(a) An employee recalled to work overtime after leaving their employer's business premises (whether notified before or after leaving the premises) will be paid for a minimum of four hours' work or where the employee has been paid for standing by in accordance with 24.3, will be paid for a minimum of three 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 will not be required to work the full three or four hours, as the case may be if the job the employee was recalled to perform is completed within a shorter period.
24.4.1(b) This clause will not apply in cases where it is customary for an employee to return to their employer's premises to perform a specific job outside their 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 will not be regarded as overtime for the purpose of 24.5 when the actual time worked is less than three hours on such recall or on each of such recalls.
24.4.1(c) An allowance for travelling time will be included as time worked on call back, subject to the following provisions:
24.4.1(c)(i) Payment will be made only when the employee is notified of the call back after the employee has left the premises.
24.4.1(c)(ii) Any part of the period of four hours work specified in 24.4.1(a) and 24.4.1(b) of this clause which is not worked will be deducted from the period of travelling time.
24.4.1(c)(iii) Payment will be made at the appropriate overtime rate.
24.4.1(c)(iv) The following allowances will apply:
Tidbinbilla |
1 hour |
Joint Defence Facility Pine Gap |
1 hour |
24.4.1(d) where the overtime is continuous (subject to a reasonable meal break) with the commencement of ordinary working time;
24.4.1(e) where the actual time worked is less than four hours on such recall or on each of such recalls, overtime worked in the circumstances specified in this subclause will not be regarded as overtime for the purposes of 24.4.1(d) hereof.
24.5 Rest periods after overtime
24.5.1 When overtime work is necessary it must, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive working days.
24.5.2 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 has not had at least ten consecutive hours off duty between those times must, subject to this clause, be released after completion of the overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
24.5.3 If on the instructions of the employer an employee resumes or continues work without having had the ten consecutive hours off duty the employee must be paid at double rates until the employee has had ten consecutive hours off duty without loss of pay of ordinary working time occurring during the absence.
24.5.4 By agreement between the employer and individual employee, the ten hour break provided for in this clause may be reduced to a period no less than eight hours.
24.5.5 The provisions of this clause will apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked
24.5.5(a) for the purpose of changing shift rosters; or
24.5.5(b) 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
24.5.5(c) where a shift is worked by arrangement between the employees themselves.
An employee required to work overtime on a Saturday will be afforded at least four hours' work or paid for four hours at the appropriate rate except where such overtime is continuous with overtime or work commenced on the previous day or completed on the following day.
Where work continues over two days the minimum payment will be for four hours at the appropriate rate.
An employee will be paid at the rate of double time for work done on a Sunday, such double time to continue until the employee is relieved from duty. Such extra rate will be in addition to the shift allowance prescribed by clause 22 – Special provision for shiftworkers of this award.
An employee will be paid at the rate of double time and one half for work done on a holiday, such rate to continue until the employee is relieved from duty. Such extra rate will be in addition to the shift allowances prescribed by clause 22 – Special provision for shiftworkers of this award.
24.9.1 An employee working overtime must be allowed a rest period of twenty minutes without deduction of pay after each four hours of overtime worked if the employee is to continue work after the rest break.
24.9.2 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.
24.9.3 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 meal break of twenty minutes to be paid at ordinary rates.
24.9.4 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 what would otherwise be required under this clause.
24.9.5 An employee required to work beyond one and a half hours after their usual finishing time of work will be paid a meal allowance prescribed in 19.2 or be provided with an adequate meal where the employer has a cooking and dining facility.
