AP798297 - South Australian Government Departments and Instrumentalities (Metal Trades) Award 1999
28.1 Payment for working overtime
28.1.1 Except as provided for in 28.3.4, 28.3.5, 28.8 and 28.9 for all work done outside ordinary hours on any day or shift (as defined in 25.1, 25.2 and 25.3) the overtime rates of pay are time and one-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.
28.1.2 For the purposes of this clause ordinary hours means the hours worked in an enterprise, fixed in accordance with clause 25 – Ordinary hours of work.
28.1.3 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.
28.2 Requirement to work reasonable overtime
An employer may require any employee to work reasonable overtime at overtime rates and the employee will work overtime as required.
28.3 Rest period after overtime
28.3.1 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.
28.3.2 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 subclause, 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.
28.3.3 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 is released from duty for such period. The employee is then entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during the absence.
28.3.4 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.
28.3.5 The provisions of this subclause will apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:
28.4 Call back
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. There are a number of conditions which apply to this provision:
28.4.1 Where an employee is required to regularly hold themself in readiness for a call back the employee will be paid for a minimum of three hours work at the appropriate overtime rate. This is subject to 28.5 which deals with the conditions for standing by.
28.4.2 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 the employee will 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.
28.4.3 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 the employee was recalled to perform is completed within a shorter period.
28.4.4 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.
28.4.5 Overtime worked in the circumstances specified in this subclause is not to be regarded as overtime for the purpose of 28.3, when the actual time worked is less than three hours on the call back or on each call back.
28.5 Standing by
Subject to agreement between the employer and the affected employees, to the contrary, where an employee is required regularly to hold themself 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 the employee is standing by.
28.6 Saturday work
A day worker required to work overtime on a Saturday will 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.
28.7 Sunday work
Employees required to work overtime on Sundays will 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.
28.8 Rest break
28.8.1 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.
28.8.2 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.
28.8.3 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 one-half hours, an employee, before starting the overtime is entitled to a meal break of twenty minutes to be paid at ordinary rates.
28.8.4 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 or less than what would otherwise be required under this subclause.
28.9 Meal allowance
28.9.1 An employee is entitled to a meal allowance of $10.10 on each occasion that the employee is entitled to a rest break in accordance with 28.8, except in the following circumstances:
28.9.2 If an employee has provided a meal or meals on the basis that the employee 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, the employee will be paid the prescribed meal allowance for the meal or meals which the employee has provided but which are surplus.
28.10 Transport of employees
When an employee, after having worked overtime on a shift for which the employee has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer will provide the employee with a conveyance home, or pay the employee their current wage for the time reasonably occupied in reaching home.
