SCHOOL SUPPORT STAFF (CATHOLIC INDEPENDENT SCHOOLS) (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, industrial organisation of employees.
(No. IRC 3363 of 2003)
Before Commissioner
Ritchie
|
1 July 2003
|
VARIATION
1. Delete clause
11, Overtime, of the award published 7 December 2001 (330 I.G. 166), and insert
in lieu thereof the following:
11. Overtime
(i) Subject to the
provisions of subclause (vi) of this clause an employer may require an employee
to work reasonable overtime at overtime rates.
All time required by the employer to be worked outside the ordinary
hours of work prescribed by clause 9, Hours, shall be overtime and shall be
paid for at the un-averaged rate of time and one-half for the first two hours
and double time thereafter; provided that overtime at the rate of double time
shall be paid for all overtime worked between midnight Friday and midnight Sunday. Provided further that in computing overtime
each day’s work shall stand alone.
(ii) 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. An employee other than
a casual employee who works so much overtime between the termination of their
ordinary work on one day and the commencement of their ordinary work on the
next day that they have 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 they have had ten consecutive hours off duty, without loss
of pay, for ordinary working time occurring during such absence. If on the instruction of the employer such
an employee resumes or continues work without having had such ten consecutive
hours off duty, they shall be paid at double rates until they are released from
duty for such period and he/she then shall be entitled to be absent until they
have had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(iii) Where an
employee has performed duty on overtime, the employee may be released from duty
for a period not exceeding the period of overtime actually worked subject to
the conditions herein:
(a) An employee
may only be released from duty in lieu of payment for overtime at the request
of the employee and with agreement from the employer. Such agreement shall be in writing and be kept with the time and
wages records.
(b) An employee
may not accumulate more than 20 hours to be taken as leave in lieu of overtime
payment and shall be taken within four weeks of the accrual. Where such leave is not taken in this period
it shall be paid at the appropriate overtime rate.
(c) This provision
shall only apply in respect of overtime worked between Monday to Friday
inclusive. Normal penalties for
overtime worked on Saturday and Sunday shall apply for those days.
(iv) An employee required
to attend the employer’s premises for a reason other than carrying out rostered
duties after leaving the place of employment (whether notified before or after
leaving the place of employment) shall be paid a minimum of two hours pay at
the appropriate rate for each such attendance.
Provided that this subclause shall not apply where a
period of duty is continuous (notwithstanding that the employer may allow the
employee a reasonable meal break before, during or after such attendance) with
the completion or commencement of ordinary working time.
(v) For work done
on a Sunday double ordinary time with a minimum payment for four hours’ work
shall be paid.
(vi) 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.
(vii) For the
purposes of subclause (vi) what is unreasonable or otherwise will be determined
having regard to:
(a) any risk to
employee health or safety;
(b) the employee's
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(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
(e) any other
relevant matter.
2. This
variation shall take effect from the first full pay period to commence on or
after 1 July 2003.
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.