MAINTENANCE, OUTDOOR AND OTHER STAFF (INDEPENDENT SCHOOLS) (STATE) AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, industrial organisation of employees.

 

(No. IRC 3809 of 2003)

 

 

VARIATION

 

1.          Delete clause 9, Overtime, of the award published 1 August 2003 (340 I.G. 750) and insert in lieu thereof the following:

 

9.  Overtime

 

(a)        Subject to the provisions of subclause (d) of this clause, an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in subclauses (b) of this clause and 17.4 of clause 17, Carer's Leave

 

All work done outside ordinary hours may be dealt with in accordance with subclause (b) of this clause provided that, where under that subclause payment is made for such overtime, the rate of pay shall be time and one half for the first two hours and double time thereafter.  In computing overtime, each day shall stand alone.

 

All overtime worked by an employee between midnight Friday and midnight Sunday shall be paid at the rate of double time for a minimum of three hours.

 

(b)        Time Off in lieu of Overtime

 

Where an employee has performed duty on overtime, the employee may take time off in lieu of payment for overtime for a period not exceeding the period of overtime actually worked (that is, an hour for each hour of overtime worked) subject to the conditions herein:

 

(i)         There is agreement between the employer and employee.

 

(ii)        The time off in lieu must be taken within four weeks of the end of the week in which the overtime was worked.  Where such time off is not given or taken within this period, it shall be paid for at the appropriate overtime rate.

 

(iii)       An employee may not accumulate more than 20 hours to be taken as time off in lieu of overtime payment.  Any overtime in excess of 20 hours must be paid for at the appropriate overtime rate.

 

(iv)       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.

 

(c)        Call Back

 

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 the attendance is not continuous with completion of ordinary working hours.  The taking of a meal break shall not of itself mean that the duty is not continuous.

 

(d)        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.

 

(e)        For the purposes of subclause (d) of this clause, what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health or safety;

 

(ii)        the employee's personal circumstances, including any family and carer responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

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

 

(v)        any other relevant matter.

 

Notation: the employers and the Union are of the view that, where hours are varied in accordance with subclause (a) of clause 8, Hours, such hours cannot properly be regarded as overtime.

 

2.          This variation shall take effect from the first pay period commencing on or after 20 August 2003.

 

 

 

J. P. MURPHY, Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.