AT794071 - Queensland Local Government Officers' Award 1998 [Transitional]
[15 varied by PR953552; substituted by PR958449 ppc 30May05; PR958449 stayed by PR959376; PR959376 set aside by PR962423 from 09Sep05]
15.1 Subject to clause 15.2 an employer may require an employee to work reasonable overtime at overtime rates.
15.2 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:
15.2.1 any risk to the officer’s health and safety;
15.2.2 the officer’s personal circumstances including any family responsibilities;
15.2.3 the needs of the workplace or enterprise;
15.2.4 the notice (if any) given by the respondent of the overtime and by the officer of his or her intention to refuse it; and
15.2.5 any other relevant matter.
15.3 Except as otherwise provided in this clause overtime worked either outside the spread of ordinary hours on any day or in excess of the ordinary weekly hours shall be paid for at the rate of time and a half.
The following provisions will apply to an officer in receipt of salary equal to or in excess of the first increment Level 6 on the General Salary Scale:
15.3.1 Subject to the provisions set out in the subclauses below, upon claiming for overtime the officer shall be given time off equivalent to time worked either outside the spread of ordinary hours of any day or in excess of the ordinary weekly hours.
15.3.2 Where the officer has applied for time in lieu and been refused time in lieu and three months have elapsed since the overtime was worked and this time off in lieu has not been taken, the overtime accrued shall be immediately paid at the appropriate overtime rates.
15.3.3 Should an officer not make an application to take the equivalent hours off within two months of the overtime being worked, the respondent shall advise the officer (in writing) of that fact and the consequences of failing to make such an application. If a respondent fails to notify an officer in accordance with this paragraph and three months elapse from the time the overtime was worked, the officer will be paid for the hours at overtime rates.
15.3.4 If three months expire from the time the overtime was worked and no application for equivalent time off has been received, the respondent shall (in the event that agreement cannot be reached with the officer) within five working days advise the officer (in writing) the time or times during the ensuing month at which the officer will take off the equivalent hours. Provided that the respondent (unless agreed otherwise) must give at least three working days notice of a day to be taken off.
15.3.5 Should four months elapse from the working of the overtime and the officer has not made application for the time off and the respondent has not exercised its rights in the above paragraph, the officer shall be paid the hours at overtime rates.
By mutual agreement between officers in receipt of salaries prescribed by Levels 4 and 5 of the General Salary Scale and the respondent, the officer may upon claiming for overtime be given time off in lieu of overtime payments in the same terms prescribed by 15.3.1 - 15.3.5.
Provided further that by agreement between a respondent and the relevant union, officers in receipt of salaries less than that prescribed by Level 4 of the General Salary Scale may upon claiming for overtime be given time off in lieu of overtime payments in the same terms prescribed by 15.3.1 - 15.3.5.
15.4 All overtime worked on Saturdays and Sundays shall be paid for at the rate of double time with a minimum payment as for three hours.
15.5 All work done during the recognised meal period shall be paid for at the rate of double time, such payment to continue until a meal period has commenced. Such meal period shall be of the same duration as the meal period the officer would have enjoyed had the officer not been required to continue working.
15.6 An officer recalled to work overtime whether notified before or after leaving the usual place of employment and who returns to home on the completion of such overtime worked, shall be paid for a minimum of three hours work at this overtime rate for each time the officer is so recalled: Provided that the officer shall not be required to work for such three hours if the work the officer is required to perform is completed within a shorter period.
15.7 An officer who works so much overtime between the termination of the officer's ordinary work on the one day and the commencement of the officer's ordinary work on the next day that the officer has not had at least ten consecutive hours off duty between those times shall, subject to this clause, be released after the completion of such overtime until the officer has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If such officer is instructed to resume or to continue work without having had such ten consecutive hours off duty, the officer shall be paid at double ordinary rates until the officer is released from duty for such period, and such officer shall be entitled to be absent until such officer has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during that absence.
15.8 Clause 15.3, 15.4, 15.5 and 15.6 shall not apply to officers performing shift work as defined in clause 14 - Shift work, of this award, who shall be paid overtime as specified in that clause.
15.9 Shift work - travel arrangements
15.9.1 When an officer is required to work a shift which commences or finishes at a time when the officer’s normal means of private or public transport is not available, the respondent council must reimburse the reasonable cost of a taxi fare, as appropriate from:
15.9.2 Provided the maximum reimbursement for such journeys shall be limited to journeys of no more than 15 kilometres away.
15.9.3 This clause does not apply where the respondent council provides transport in the situation set out in 15.9.1 above free of charge to the officer.
15.10 This clause does not apply to Executive Officers
