AP831338 - Clerks’ (Alcoa of Australia – Victorian Operations) Award 2003
24.1 Overtime - day work
Subject to 24.3, all work done by day clerical employees in excess of or outside the ordinary working hours prescribed by this award shall be paid for at the rate of time and one half for the first two hours on any one day and at the rate of double time thereafter, such double time to continue until the completion of the overtime work.
24.2 Overtime - shift work
24.2.1 Subject to 24.3, all work done by shift workers in excess of or outside the hours prescribed by the applicable shift roster or on a shift other than a rostered shift shall be paid for as follows:
24.2.1(a) if on continuous work, at the rate of double time; or
24.2.1(b) if on other than continuous work, at the rate of time and one-half for the first two hours on any one day or shift and at the rate of double time thereafter, such double time to continue until the completion of the overtime work;
except in each case where the time is worked:
24.2.1(c) by arrangement between the employees themselves; or
24.2.1(d) for the purpose of effecting the customary rotation of shifts.
24.2.2 All work performed on any unrostered shift by a continuous shift worker shall be paid at the rate of double time with a minimum payment of four hours.
Provided that such minimum payment shall not apply where such work is continuous with work commenced on the previous day or shift or completed on the following day or shift. However, where work continues over two days the minimum payment shall be for four hours at the appropriate rate.
24.3 Weekly overtime
Notwithstanding anything contained in 24.1 and 24.2, if in any week overtime in excess of eight hours is worked by an employee, not more than eight hours shall be payable at the rate of time and one-half and the remainder shall be paid at the rate of double time.
24.4 Rest period before recommencing work
24.4.1 When overtime work (including work on an unrostered day/shift or work on a Sunday or a holiday) is necessary, it shall wherever reasonably practicable, be so arranged that an employee works not more than fourteen hours in any period of 24 consecutive hours, so that each employee may have at least ten consecutive hours off duty in each such 24 consecutive hours.
24.4.2 When an employee finishes a period of work he/she shall, subject to this subclause, be released from duty until he/she has had ten consecutive hours off duty without loss of pay for his/her ordinary working time occurring during such absence.
24.4.3 If, on the instructions of the Company, such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at the rate of double time until released from duty for such period, and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for his/her ordinary working time occurring during such absence.
24.4.4 Overtime worked in the circumstances specified in 24.5 shall not be regarded as overtime for the purposes of this subclause when the actual time worked is less than three hours on such recall or on each of such recalls.
24.4.5 By agreement between the Company and the majority of employees concerned, the ten hour break provided for above may be reduced to eight hours.
24.4.6 Furthermore, the provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours where:
24.4.6(a) overtime is worked for the purpose of changing shift rosters;
24.4.6(b) a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker;
24.4.6(c) a shift is worked by arrangement between the employees themselves; or
24.4.6(d) overtime is necessary to meet emergency operational requirements.
24.5 Call back
An employee recalled to work after the usual finishing time for that day or shift shall be paid for a minimum of four hours work at the appropriate rate. Provided that this subclause shall not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.
24.6 Saturday work
An employee 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 or work commenced on the previous day or shift or completed on the following day or shift.
Provided that where work continues over two days the minimum payment shall be for four hours at the appropriate rate.
24.7 Rest breaks
24.7.1 An employee working overtime for one and one-half hours or more after working ordinary hours shall, before starting such overtime, be allowed a rest break of twenty minutes which shall be paid for at the appropriate overtime rate.
24.7.2 An employee working overtime, including work on any unrostered day or shift, shall be allowed a rest break of twenty minutes without deduction of pay after each four hours of overtime worked, provided he/she continues work after such meal break.
24.7.3 The Company and the majority of employees affected may agree to any variation of this subclause to meet operational needs provided the Company is not required to pay for any time allowed in excess of twenty minutes.
24.8 Reasonable overtime
24.8.1 Subject to 24.8.2, the Company may require an employee to work reasonable overtime at overtime rates.
24.8.2 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:
24.8.2(a) any risk to employee health and safety;
24.8.2(b) the employee’s personal circumstances including any family responsibilities;
24.8.2(c) the needs of the workplace or enterprise;
24.8.2(d) the notice (if any) given by the Company of the overtime and by the employee of his/her intention to refuse it; and
24.8.2(e) any other relevant matter.
24.9 Night work for day workers
24.9.1 Day clerical employees, who, in lieu of ordinary day work, work at night for periods of not less than eight hours on less than five consecutive nights shall be paid at the rate of time and one-half except on a Saturday, a Sunday or a holiday when they shall be paid at the appropriate overtime rates.
24.9.2 In this subclause, night means any hours between 4.00 p.m. and 8.00 a.m.
