AP839843 - Health Services Union of Australia (NSW/ACT Private Medical Imaging) Award 2004
8.1 Full-time
8.1.1 A full-time employee who on any given day works outside the ordinary rostered hours of his or her employment for a period of less than 30 minutes, will be entitled to an equivalent amount of time off work, at a time mutually convenient to the employee and the employer.
8.1.2 A full-time employee who on any given day works outside the ordinary rostered hours of his or her employment for period in excess of 30 minutes, will be entitled to receive overtime payment at the rate of time and a half for the first two hours and double time thereafter. In lieu of overtime payment an employee may elect to take time off work at a time mutually convenient to the employee and the employer. The single hourly rate for overtime will be calculated by dividing the weekly rate by 38.
8.2 Part-time
8.2.1 A part-time employee who on any given day works outside the ordinary rostered hours of full-time employees employed in a similar position for a period of less than 30 minutes, will be entitled to elect to take either an equivalent amount of time off work at a time mutually convenient to the employee and the employer or payment in accordance with 8.2.3.
8.2.2 A part-time employee who on any given day works outside the ordinary rostered hours of full-time employees employed in a similar position for a period in excess of 30 minutes, will be entitled to receive overtime payment at the rate of time and a half for the first two hours and double time thereafter. In lieu of overtime payment an employee may elect to take time off work at a time mutually convenient to the employee and the employer. The single hourly rate for overtime will be calculated by dividing the weekly rate by 38.
8.2.3 A part-time employee who by agreement with the employer works beyond his or her ordinary rostered hours, or on days on when he or she does not usually work will be paid at ordinary rates of pay subject to 4.2, 7.1, 7.2, 7.3 and 7.4.
8.3 Job share
A job share employee will not receive overtime payments for any time worked within the rostered ordinary hours for the shared job.
8.4 Casual
For work done by a casual employee in excess of an average of 38 hours in a week the rate of pay will be time and a half for the first two hours and double time thereafter. Overtime for such employee will be calculated on a pay period basis.
8.5 Recall
8.5.1 An employee who is recalled to work overtime after leaving the employer’s premises will be paid at the rate of time and a half for the first two hours and double time thereafter for the time taken to perform the work required and for the time taken in travelling to and from the employer’s premises subject to a maximum of 15 minutes travel each way.
8.5.2 An employee who is recalled to work overtime after leaving the employer’s premises will be paid for a minimum of two hours’ work including travelling time.
8.5.3 An employee who is recalled to work overtime after leaving the employer’s premises will also be entitled to payment of reasonable travelling expenses incurred.
8.6 Reasonable hours
8.6.1 Subject to 8.6.2 an employer may require an employee to work reasonable overtime at overtime rates unless or as otherwise provided for under the award.
8.6.2 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.
8.6.3 For the purposes of 8.6.2 what is unreasonable or otherwise will be determined having regard to:
8.6.3(a) Any risk to employee health and safety.
8.6.3(b) The employee’s personal circumstances including any family and carer responsibilities.
8.6.3(c) The needs of the workplace or enterprise.
8.6.3(d) The notice (if any) given by the employer of the overtime and by the employee of their intention to refuse it; and
8.6.3(e) Any other relevant matter.
