AT824709CRV - The Gas Industry (Contractors - Mains and Services) Award 2003 [Transitional]

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK AND WEEKEND WORK 

24. HOURS OF WORK/OVERTIME

24.1 The ordinary hours of work shall be 152 hours per four week period comprising not more than eight hours each on Monday to Friday inclusive to be worked between 7.30 a.m. and 5.30 p.m. inclusive, or between such hours as may be mutually agreed upon between the employer and the majority of employees or union.

24.1.1 In Victoria, the ordinary working hours of day workers shall be 38 hours each week or a total of 152 hours over a nineteen day four week cycle, to be worked between the hours of 7.00 a.m. and 5.30 p.m. Monday to Friday, inclusive, unless otherwise agreed by the employer and the majority of employees or the Union.

24.2 Rostered day off

24.2.1 Where it has been agreed between the employer and the majority of the employees or the Union a rostered day off per four week period system (nineteen day/four week period) is in operation, employees shall work 40 hours during any three weeks and 32 hours of the remaining week of the above mentioned period.

24.2.2 Where the nature of the work is such that the rostering of a leisure day every 28 consecutive days would adversely affect the performance of that work then employees may accumulate up to five rostered leisure days to be taken at the earliest practicable mutually agreed time.

24.3 Overtime

Except in case of emergency or by arrangement between the employer and the majority of employees or the Union day work shall be so arranged as to allow each employee one day, i.e. 24 hours from completion of previous day off in each week. The term week shall mean Sunday to Saturday inclusively.

24.4 Reasonable overtime

24.4.1 Subject to 24.4.2 an employer may require an employee to work reasonable overtime at overtime rates.

24.4.2 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:

24.4.2(a) any risk to the employees health and safety;

24.4.2(b) the employees personal circumstances including family responsibilities;

24.4.2(c) the needs of the workplace or enterprise;

24.4.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or here intention to refuse it; and

24.4.2(e) any other relevant matter.

24.5 Overtime rates

24.5.1 In the computing of overtime each day’s work shall stand alone.

24.5.2 Unless otherwise provided elsewhere in this clause, for any time worked by a day worker on any day in excess of the number of ordinary working hours prescribed for that day, payment shall be made at time and a half for the first two hours and double time thereafter.

24.5.3 An employee who is required to work on a Saturday which is not a public holiday within the meaning of clause 29 - Public holidays, shall be paid at the rate of time and a half for the first two hours and double time thereafter with a minimum payment for two hours work.

24.5.4 Any worked performed on a Sunday shall be at double time and on a public holiday shall be paid at treble time rates with a minimum payment for two hours work.

24.6 Work after recall

24.6.1 An employee who after completion of his/her ordinary day’s work (Monday to Friday inclusive) has departed from his/her workplace and is recalled to do further work on that day shall be paid for the time worked at the prescribed overtime rates for each time so recalled.

24.6.2 This subclause shall not apply in cases where it is customary for an employee to return to perform specific work outside his/her ordinary hours or where the overtime is continuous (subject to reasonable meal break) with the completion or commencement of ordinary working time.

24.7 Call back duty rest period after overtime

24.7.1 An employee recalled to work overtime after 11.30 p.m. and before 4.30 a.m. the following day shall be paid the prescribed rate for the actual overtime worked by him/her with a minimum payment for three hours at such overtime rates.

24.7.2 If in the same day he/she is due to report at the usual fixed starting time, he/she shall be entitled to absent himself from work during the ordinary working hours for so long as is necessary to give him/her ten hours break at his/her home without deduction from his/her weekly wage for such absence.

24.7.3 If he/she is required to continue at work after the usual fixed time, he/she shall be paid at the rate of double time for all time worked after such fixed starting time until he/she has the break of ten hours referred to in 24.7.2.

24.8 Time off in lieu of payment for overtime

24.8.1 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.

24.8.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time hours rate, that is, an hour for each hour worked.

24.8.3 An employer shall, if requested by the employee, provide payment, at the rate provided for the payment of overtime worked under 24.8.1 of this subclause where such time has not been taken within four weeks of accrual.

24.9 Make-up time

An employee may elect with the consent of the employer to work make-up time under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in 24.1.