AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
28.1 Requirement to work overtime
28.1.1 Subject to 28.1.2, an employee will work overtime as required by Virgin Tech if the amount and incidence of the overtime is reasonable and such employee will work overtime in accordance with such requirements.
28.1.2 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:
28.1.2(a) any risk to employee health and safety;
28.1.2(b) the employee’s personal circumstances, including any family responsibilities;
28.1.2(c) the needs of the workplace;
28.1.2(d) the notice (if any) given by Virgin Tech of the overtime and by the employee of his or her intention to refuse it; and
28.1.2(e) any other relevant matter.
28.2 Payment for working overtime
28.2.1 Day work
All work done outside ordinary hours must be paid for at the rate of time and a half for the first two hours and double time thereafter.
28.2.2 Shift work
All time worked in excess of or outside ordinary hours or on a shift other than a rostered shift must be paid for at the rate of double time unless:
28.2.2(a) the work was not authorised in advance; or
28.2.2(b) the time is worked for the purpose of effecting the customary rotation of shifts.
Except as provided in 28.3 and 28.4 in computing overtime, each days work stands alone.
28.3 Rest period after overtime
28.3.1 An employee who has worked overtime must be given a break of at least ten consecutive hours between the time of finishing work and the time when the employee next commences ordinary work. An employee must not lose ordinary pay for any time lost by reason of this break.
28.3.2 If an employee is required by Virgin Tech to resume or continue work without having a break of ten consecutive hours, the employee must be paid at the rate of double time until the employee is released from duty. The employee is then entitled to a break of ten consecutive hours and must not lose ordinary pay for any time lost by reason of this break.
28.3.3 For the purposes of this subclause, overtime does not include overtime worked when an employee is recalled to work in accordance with 28.4 and the actual time worked on the recall is less than three hours.
28.4 Recall
28.4.1 If an employee is recalled to work overtime after leaving Virgin Tech’s business premises (whether notified before or after leaving the premises) the employee must be paid for a minimum of four hours. This subclause does not apply if:
28.4.1(a) it is customary for employees to return to Virgin Tech’s premises to perform a specific job outside their ordinary hours; or
28.4.1(b) the overtime is continuous (subject to a meal break) with the completion or commencement of ordinary time.
28.4.2 In the event of a cancellation or postponement of such recall and the employee has reported to their place of duty they will be paid the minimum four hours.
