AP817220 - Nurses (South Australian Public Sector) Award 2002
[5.4.1 substituted by PR970642 ppc 24Mar06]
5.4.1 Reasonable Overtime
5.4.1.1 Subject to sub-clause 5.4.1.2, an employer may require an employee to work reasonable overtime at the overtime rates set out in sub-clause 5.4.2.
5.4.1.2 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 have regard to:
5.4.1.2(a) any risk to employee health and safety;
5.4.1.2(b) the employee’s personal circumstances including any family responsibilities;
5.4.1.2(c) the needs of the workplace or enterprise;
5.4.1.2(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
5.4.1.2(e) any other relevant matter
[5.4.2 substituted by PR968361 ppc 03Feb06]
5.4.2 All employees, with the exception of Registered nurses level 4 and 5, are paid at overtime rates for any authorised work in excess of the ordinary working hours of a full-time employee or rostered hours set out in clauses 5.1 – Hours of work, and 5.2 – Application of 38 hour week, unless such hours are carried forward pursuant to clause 5.2.3 to facilitate the operation of 10 hour night shifts.
5.4.3 The overtime rates are as follows:
5.4.3(a) Monday to Saturday inclusive, an employee is paid at the rate of 150% for the first three hours, and 200% thereafter until the completion of the overtime worked.
5.4.3(b) On Sunday, an employee is paid at the rate of 200% for all time worked.
5.4.3(c) Time-off equivalent to the additional hours worked may be granted in lieu of payment for overtime worked by agreement of employer and employee.
5.4.4 In computing overtime payments, each days work stands alone. A minimum of fifteen minutes must be worked to receive overtime payments. Payments for overtime are calculated to the nearest quarter hour.
5.4.5 An employee who is recalled to work overtime after leaving the place of employment is paid for a minimum of three hours work at the appropriate rate. If the work performed is completed within a shorter period the employee is not required to stay for the full three hours. The minimum payment of three hours for periods of recall is not applicable when overtime is continuous (subject to a reasonable meal break) with completion or commencement of ordinary working time.
5.4.6 Overtime worked in the circumstances provided for in 5.4.5 will not be regarded as overtime for the purpose of 5.4.10 when the actual time worked is less than the minimum of three hours on such recall or recalls.
5.4.7 An employee recalled to duty on a programmed day off is paid the appropriate overtime rate and the employee is not entitled to substitute another day for the programmed day.
5.4.8 An employee required to work on a programmed day off due to an emergency, and given prior notice (as soon as practicable) is paid at ordinary time for such a day, and a substitute day off is granted.
5.4.9 An employer will provide an employee with a conveyance to reach the employee’s home when the finishing time of the overtime worked is a time when normal means of transport are unavailable.
5.4.10 An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on the one day and the commencement of ordinary work on the next day they do not have at least eight consecutive hours off duty, must be released after completion of such overtime until they have eight consecutive hours off duty. An employee does not lose pay for ordinary time occurring during the absence.
5.4.11 If on instructions of the employer, an employee in the circumstance described in 5.4.10, resumes or continues to work without having eight consecutive hours off duty they are to be paid at appropriate overtime rates until they are so released and they will then be entitled to be absent until they have eight consecutive hours off duty without loss of pay occurring during such absence.
