AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
18. OVERTIME AND RELATED ISSUES
18.1 Except as in this award otherwise provided, all time worked in excess of and outside the ordinary hours of work inclusive of time worked for accrual purposes as prescribed in clauses 16 - Working hours and 17 - Shift work, shall be paid for at one and half times the ordinary prescribed rate for the first two hours and at double the ordinary prescribed rate for all time thereafter. All time worked on a Sunday shall be paid at double time. In computing overtime, each day's work shall stand alone.
18.2 For the purpose of computation of overtime under this clause a day shall mean all the time between the normal commencing time of one day and the normal commencing time of the next succeeding day, but a Saturday shall mean all the time between midnight Friday and midnight Saturday, and a Sunday shall mean all the time between midnight Saturday and midnight Sunday.
18.3 Call out
18.3.1 Day workers
18.3.1(a) Mondays to Fridays
An employee called out to work after the expiration of his/her customary working time and after he/she has left work for the day on Mondays to Fridays shall be paid for a minimum of four hours' work calculated at one and a half times the ordinary prescribed rate for each time he/she is so called out. Provided that the employee, if required to work for two hours or more, shall be paid for a minimum of four hours' work calculated at one and a half times the ordinary prescribed rate for the first two hours and at double the ordinary prescribed rate thereafter.
18.3.1(b) Saturdays
An employee called out to work on a Saturday shall be paid for a minimum of three hours' work calculated at one and a half times the ordinary prescribed rate for each time he/she is so called out. Provided that the employee if required to work for two hours or more, shall be paid for a minimum of three hours' work calculated at one and a half times the ordinary prescribed rate for the first two hours and at double the ordinary prescribed rate thereafter.
18.3.1(c) Sundays and public holidays
An employee called out to work on a Sunday or on a public holiday shall be paid for a minimum of three hours' work calculated at the rate prescribed in clause 18 – Overtime and related issues or clause 22 – Public holidays, respectively, for the first call out and for the actual time worked at each subsequent call out.
18.3.2 Shift workers
A shift worker called out to work after the expiration of his/her customary working time and after he/she has left work for the shift, or is called out to work on a day on which he/she is rostered off, shall be paid for a minimum of three hours' work calculated at double the ordinary prescribed rate for each time he/she is so called out. Provided that if called out on a public holiday payment shall be calculated at the rate prescribed in clause 22 - Public holidays.
18.4 Rest period after performing overtime duty
18.4.1 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.
18.4.2 An 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 so that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this clause, 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.
18.4.2(a) If, on the instructions 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 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.
18.4.3 The provisions of this clause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:
18.4.3(a) for the purpose of changing shift rosters; or
18.4.3(b) where a shift worker does not report for duty and a day worker or shift worker is required to replace such shift worker; or
18.4.3(c) where a shift is worked by arrangement between the employees themselves.
18.5 Transport after overtime or shift work
When an employee after having worked overtime or a shift for which he/she has not been regularly rostered finishes work at a time when reasonable means of transport are not available, the employer shall provide him/her with conveyance to his/her home or to the nearest public transport.
