AP820387 - Clerks’ (Oil Companies) Award 2002
29.1 Day workers
All time worked under the employer’s instructions outside the ordinary hours of duty (other than shift work) will be paid at the rate of time and a half, except any time worked:
which will be paid for at the rate of double time. Overtime payments will be calculated on the rates actually paid.
29.2 Shift workers
29.2.1 For all time worked in excess of, or outside, the ordinary working hours prescribed by this award shift workers will be paid:
29.2.1(a) if employed on seven-day shift work, at the rate of double time;
29.2.1(b) if employed on other shift work, at the rate of time and a half for the first two hours and double time thereafter.
29.2.1(c) The above does not apply in each case where the time is worked by arrangement between the employees themselves, or for the purpose of effecting the customary rotation of shifts, or because the relief person does not come on duty at the proper time.
29.2.2 When not less than eight hours’ notice has been given to the employer by the relief person that he/she will be absent from work and the employee whom he/she should relieve is not relieved, the unrelieved employee will be paid at the rate of time and a half for the first two hours on duty after he/she has finished his/her ordinary shift and at the rate of double time thereafter, except where the employee is required to continue on his/her rostered day off when he/she will be paid double time, and except where a satisfactory explanation is given by the employee who fails to report for duty in which case normal overtime rates will be payable to the unrelieved employee. A seven-day shift worker will not be paid for overtime worked at any time at a lesser rate than is payable to an employee performing his/her normal shift at such time.
29.3 Junior employees
29.3.1 A junior employee will not be required to work overtime for more than one hour beyond his/her usual ceasing time on any day unless that employee agrees to work beyond that time or unless he/she has received notice at least the day before.
29.3.2 Employees under the age of eighteen years will not be obliged to work more than five hours overtime in any one week.
29.4 Call-back
29.4.1 An employee recalled to work overtime after leaving his/her employer’s business premises (whether notified before, or after, leaving the premises) will be paid for a minimum of four hours’ work at his/her appropriate overtime rate for each time he/she is so recalled. Unless unforeseen circumstances arise, the employee will not be required to work the full four hours if the work he/she was recalled to perform is completed within a shorter period.
29.4.2 In the event of cancellation, or postponement, of such recall, when an employee reports to his/her place of duty, he/she will be paid the above minimum of four hours for each time he/she is so recalled, even if he/she is not required to work.
29.4.3 This subclause will not apply in cases where it is customary for an employee to return to his/her employer’s premises to perform a specific job outside his/her ordinary shift hours, or where the overtime is continuous (subject to a crib break) with the completion, or commencement, of ordinary time or shift.
29.4.4 The provisions of this subclause apply to:
29.4.4(a) a seven-day shift worker on any day other than his/her rostered day off; and
29.4.4(b) a shift worker, other than a seven-day shift worker, for any recall Monday to Friday inclusive.
29.5 Telephone call-back
[29.5 varied by PR933161 PR947207 PR959020 PR975079 PR978458; PR983369 ppc 01Oct08]
An employee who, as a consequence of a telephone call (not being a telephone call in respect of which a payment is made under the provisions of 29.8 made to him/her at his/her home), commences work on any day of the week before his/her next scheduled starting time will, if his/her telephone rental is not paid by his/her employer, receive a payment of $11.00.
29.6 Travelling time
An employee, who is contacted on any day of the week at his/her home, and responds to a call-back to work involving him/her in an additional trip to and from the work place, will be paid one hour at his/her ordinary-time rate of pay for travelling time, irrespective of the distance travelled.
29.7 Cancellation of overtime
29.7.1 If notice cancelling a previous instruction to work overtime is given to an employee before he/she leaves the work place a penalty payment will not be payable.
29.7.2 If notice cancelling the instruction is sent, or telephoned, to the employee’s registered address before he/she would normally have left to commence work, he/she will be paid a minimum of:
29.7.2(a) two hours at his/her ordinary-time rate in the case of overtime scheduled for a day on which the employee is rostered to work ordinary hours or an ordinary shift; and
29.7.2(b) four hours at his/her ordinary-time rate in the case of overtime scheduled on a day on which an employee is not rostered to work ordinary hours or an ordinary shift.
29.7.3 An additional penalty will not be payable if the employee is not at his/her registered address when notice of cancellation if delivered, or telephoned, and he/she subsequently reports for work.
[29.7.4 varied by PR933161 PR947207 PR959020 PR975079 PR978458; PR983369 ppc 01Oct08]
29.7.4 If notice of cancellation provided in 29.7.2 is not delivered, or telephoned, to the employee’s registered address at least one hour before he/she would normally leave to commence work and the employee would normally be expected to partake of a meal at his/her work place during the period of overtime now cancelled, he/she will receive a meal allowance of $12.55.
29.7.5 For the purpose of this clause registered address will mean the address recorded by the employer.
29.8 Telephoning for instructions
29.8.1 Subject to a minimum of three hours’ pay, where an employee complies with a direction to telephone for instructions in connection with overtime work he/she will be paid at his/her ordinary-time rate from that telephone call until either he/she:
29.8.1(a) is given a further direction to telephone later for instructions; or
29.8.1(b) is told a definite time at which he/she is to commence work; or
29.8.1(c) is released.
29.8.2 Where it becomes necessary for him/her to make a number of telephone calls at intervals determined by an authorized supervisor he/she is to receive a minimum of three hours’ payment at his/her ordinary-time rate for each telephone call; provided that no payment will be made for any telephone call made within three hours of the last preceding telephone call.
29.8.3 When an employee commences work, all payments due under this subclause will cease.
29.9 Rest period before or after overtime
29.9.1 When overtime work is necessary, it will, wherever reasonably practicable, be arranged that employees have at least ten consecutive hours off duty between the work of successive days.
29.9.2 An employee (other than a casual employee) who works overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day so that he/she has not had at least ten consecutive hours off duty between those times will, subject to this subclause, be released after completion of the overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
29.9.3 If, on the instructions of his/her employer, the employee resumes or continues work without having had such ten consecutive hours off duty he/she will be paid at double rates until he/she is released from duty for such period and he/she will then may be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary time occurring during such absence.
29.10 Transport of employees - day workers
29.10.1 When an employee, after having worked overtime, finishes work at a time when his/her normal means of transport, or reasonable means of public transport, are not available, the employer will provide him/her with a conveyance to any available public transport, or to his/her home, or reimburse him/her at his/her ordinary-time rate for the time reasonably occupied in reaching his/her home.
29.10.2 When an employee is called in before his/her usual commencing time to work overtime at a time when his/her normal means of transport, or reasonable means of public transport, are not available, the employer will provide him/her with a conveyance to any available public transport, or to his/her home, or reimburse him/her at his/her ordinary-time rate for the time reasonably occupied in reaching his/her place of work.
29.10.3 Where an employee works overtime beyond 8.00 p.m. the employer will provide him/her with transport to his/her usual place of residence if required.
29.11 Requirement to work reasonable overtime
[29.11 inserted by PR933161 ppc 02Jun03]
29.11.1 Subject to clause 29.11.2 an employer may require an employee to work reasonable overtime at overtime rates.
29.11.2 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:
29.11.2(a) any risk to employee health and safety;
29.11.2(b) the employee's personal circumstances including any family responsibilities;
29.11.2(c) the needs of the workplace or enterprise;
29.11.2(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
29.11.2(e) any other relevant matter.
