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AP799690 - Transport Workers’ (Oil Companies) Award 1998

18. OVERTIME

18.1 All employees other than seven-day shift workers

18.1.1 An employer may require an employee to work reasonable overtime at overtime rates and the employee will work overtime in accordance with these requirements.

18.1.2 Whenever overtime work is performed, the time so worked shall be paid at the rate of time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.

18.2 Seven-day shift workers

For all work done outside the ordinary hours of shift by a seven-day shift worker, payment shall be at the rate of double time.

18.3 Call back - Monday to Friday inclusive - day workers

18.3.1 An employee recalled to work overtime after leaving the workplace (whether notified before or after leaving the workplace) will be paid a minimum of four hours work at the appropriate rate for each time recalled.

18.3.2 This subclause will not apply in cases where it is customary for an employee to return to the workplace to perform a specified job outside ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

18.4 Call-in - early start - shift workers

18.4.1 A seven-day shift worker who, not having been notified before leaving the workplace, is called in to start work at a time less than four hours before the commencing time of ordinary hours of work will, for the first four hours from the time commencing work, be paid at the rate of double time.

18.4.2 The double time will be in lieu of the rate prescribed in this award for the portion of ordinary hours of work occurring during the four hours. Thereafter the employee will revert to ordinary shift rate.

18.5 Travelling time - call-in - all workers

An employee who is contacted on any day of the week at home and responds to a call-in to work involving an additional trip to and from the workplace, will be paid one hour at their ordinary-time rate of pay for travelling time irrespective of the distance traveled.

18.6 Telephone call-back - all workers

An employee who, on any day of the week, as a consequence of a telephone call to the employee’s home (not being a telephone call in respect of which payment is made under the provisions of 18.6 hereof) commences work before the next scheduled starting time, will, if telephone rental is not paid by the employer, receive a payment of $7.80.

18.7 Telephoning for instructions - all workers

18.7.1 An employee who complies with a direction to telephone for instructions in connection with overtime work will be paid a minimum of three hours at the ordinary time rate until either:

18.7.1(a) given further direction to telephone later for instructions; or

18.7.1(b) told a definite time at which to commence work; or

18.7.1(c) is released.

18.7.2 Where it becomes necessary for an employee to make a number of telephone calls at intervals determined by an authorised supervisor, the employee will receive a minimum of three hours payment at the ordinary-time rate for each telephone call. No payment will be made for any telephone call within three hours of the last preceding telephone call.

18.7.3 When an employee commences work all payments due under this subclause will cease.

18.8 Standing by - all workers

Subject to any custom now prevailing under which an employee is required regularly to be on call, that employee after completion of ordinary hours will be paid standing by time at the ordinary time rate from the period of when first on call until released from work.

18.9 Transport of employees - all workers

18.9.1 When an employee, after having worked overtime or a shift for which the employee is not regularly rostered, finishes work at a time when normal means of transport, or reasonable means of public transport, is not available, the employer will provide a conveyance to the public transport (as is available), or to the employee’s home, or pay the employee at ordinary-time rate for the time reasonably occupied in reaching home.

18.9.2 When an employee, not having been notified before leaving the work place, is called in before usual commencing time to work overtime, or a shift for which the employee is not regularly rostered and, at a time when normal means of transport or reasonable means of public transport are not available, the employer will provide a conveyance to the employee’s work place or pay at the ordinary-time rate for the time reasonably occupied in reaching the work place.

18.10 Cancellation of overtime - day workers

18.10.1 If notice cancelling a previous instruction to work overtime is given to an employee before the employee leaves the workplace, a penalty payment shall not be payable.

18.10.2 If notice cancelling the instruction is sent or telephoned to the employee’s registered address before the employee would normally have left to commence work, the employee shall be paid a minimum of:

18.10.2(a) two hours at the employee’s ordinary-time rate in the case of a weekday overtime cancellation;

18.10.2(b) four hours at the employee’s ordinary-time rate in the case of a weekend work or holiday work cancellation.

18.11 Cancellation of overtime - shift workers

18.11.1 If notice cancelling a previous instruction to work overtime is given to an employee before leaving the work place, a penalty payment will not be payable.

18.11.2 If notice cancelling the instruction is sent, or telephoned, to the employee’s registered address before the employee would normally have left to commence work the employee will be paid a minimum of:

18.11.2(a) two hours at the ordinary-time rate in the case of overtime scheduled for a day on which the employee is rostered to work an ordinary shift, and

18.11.2(b) four hours at the ordinary-time rate in the case of overtime scheduled on a day on which the employee is not rostered to work an ordinary shift.

18.11.3 An additional penalty will not be payable if the employee is not at the registered address when notice of cancellation is delivered, or telephoned, and the employee subsequently reports for work.

18.11.4 If notice of cancellation provided in 18.11.2(b) hereof is not delivered, or telephoned, to the employee’s registered address at least one hour before the employee would normally leave to commence work and the employee would normally be expected to partake of a meal at the workplace during the period of overtime now cancelled the employee will be entitled to a meal allowance in accordance with 17.3 of this award.

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