AP829982 - Metal Industry (Victorian Public Hospitals) Award 2002
24.1 Payment for working overtime
24.1.1 For all work done outside ordinary hours the rates of pay shall be time and a half for the first two hours and double thereafter, such double time to continue until the completion of the overtime work.
24.1.2 Except as provided in this clause or 24.3 hereof in computing overtime each day’s work shall stand alone.
24.2 Requirements to work reasonable overtime
[24.2 substituted by PR923047 ppc 29Oct02]
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 Rest period after overtime
24.3.1 When overtime work is necessary it shall wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.
24.3.2 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 they have not had at least ten consecutive hours off duty between those times shall, subject to this clause, be released after completion of such overtime until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
24.3.3 If on the instructions of their employer such an employee resumes or continues work without having had such ten consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
24.3.4 The provisions of this clause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:
24.3.4(a) For the purpose of changing shift rosters; or
24.3.4(b) Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
24.3.4(c) Where a shift is worked by arrangement between the employees themselves.
24.4 Call back
24.4.1 An employee recalled to work overtime after leaving their employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours’ work or where the employee has been paid for standing-by in accordance with 24.6 hereof shall be paid for a minimum of three hours work at the appropriate rate for each time they are so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three or four hours as the case may be if the job they were recalled to perform is completed within a shorter period.
24.4.2 This clause shall 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 clause shall not be regarded as overtime for the purpose of 24.3 of this clause when the actual time worked is less than three hours on such recall or on each of such recalls.
24.5 Saturday work - five days work
A day worker required to work overtime on a Saturday shall be afforded at least four hours work or paid for four hours at the appropriate rate except where such overtime is continuous with overtime commenced on the day previous.
24.6 Standing-by
Subject to any custom now prevailing under which an employee is required regularly to hold themselves in readiness for a call back, an employee required to hold themselves in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates from the time which they are so to hold themselves in readiness: Provided that the existence of a custom shall not operate to relieve an employer from paying a refrigeration serviceman the rate herein prescribed.
24.7 Crib time and meal allowance
24.7.1 A day worker who is required to work overtime for more than two hours after working ordinary hours, shall be allowed a crib time of twenty minutes at ordinary rates before starting such overtime, and shall be paid $10.55 for a meal. After each four hours of such overtime work, a further twenty minutes crib time with pay shall be allowed, and the employee shall be paid an additional $10.55. The above meal allowances shall not apply where the employer supplies the meal at the employer's cost.
24.7.2 A shift worker in such circumstances shall not be entitled to a twenty minute break before working overtime, but shall be paid a meal allowance of $10.55 or provided with a meal.
24.7.3 In circumstances where a day worker is required to work overtime on a Saturday, the first prescribed crib time shall if occurring between 10.00 a.m. and 1.00 p.m. be paid at ordinary rates. For further cribs during such periods of overtime a payment of $10.55 shall be made and such further cribs are to be taken in the same way as the normal crib.
24.7.4 An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the employer shall not be required to make any payment in respect of any time allowed in excess of twenty minutes.
24.8 Transport of employees
When an employee, after having worked overtime, or a shift for which they have not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide them with a conveyance to their home, or pay them their current wage for the time reasonably occupied in reaching their home.
24.9 Garage employees etc.
24.9.1 In lieu of the provisions of 24.4, 24.5 and 24.6 hereof the following provisions shall apply to a garage employee and/or driver of tow and/or repair vehicles.
24.9.2 Such an employee recalled outside their normal working hours for breakdown, accident or other emergency work shall be paid at the rate of double time for the period of time they are so recalled.
24.9.3 The calculation of the period of time of duty shall include only the time reasonably occupied in travel or work between the time of the employee’s departure from their normal place of residence and the time they return thereto provided that:
24.9.3(a) in the case of the first call-back in any one day an employee shall be paid as for at least a period of two hours at the rate of double time; and
24.9.3(b) in the case of each subsequent call-back in the same day as for at least a period of one hour whether occurring within two hours of the first call-back or not.
24.9.4 Overtime worked in the circumstances specified in this clause shall not be regarded as overtime for the purposes of 24.3 hereof where the actual time worked is less than three hours on such recall or on each of such recalls.
