AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]
[35.1 substituted by PR939393 ppc 18Sep03]
35.1 Subject to clause 35.1.1 an employer may require an employee to work reasonable overtime at overtime rates.
35.1.1 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 with regard to:
35.1.1(a) any risk to employee health and safety;
35.1.1(b) the employees personal circumstances including any family responsibilities;
35.1.1(c) the needs of the workplace or enterprise;
35.1.1(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
35.1.1(e) any other relevant matter.
35.2 For all work done outside ordinary hours the rate of pay shall be time and a half for the first two hours and double time thereafter, such double time to continue until the completion of the overtime work.
35.3 Except as provided in 35.2 or 35.4 of this clause, in computing overtime each day’s work shall stand alone.
35.4 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.
35.4.1 An employee (other than a casual employee) who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times, shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
35.4.2 If, on the instruction of his/her employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double time rates until he/she is 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 ordinary working time occurring during such absence.
35.5 Call Back
35.5.1 An employee recalled to work overtime after leaving his/her employer’s depot, yard or garage (whether notified before or after leaving the depot, yard or garage) shall be paid for a minimum of three hours work for the first time he/she is so recalled, and a minimum of two hours for each subsequent recall, provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full minimum hours if the job he/she was recalled to perform is completed within a shorter period. This subclause shall 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 hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
35.5.2 Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 35.4.1 of this clause where the actual time worked is less than the minimum hours.
35.6 Time off in lieu of payment for overtime.
35.6.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
35.6.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
35.6.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under 35.6.1 where such time has not been taken within four weeks of accrual.
