Enterprise Bargaining Agreement
(Trades & Services Staff - Catering & Retail, Cleaning & Caretaking, & Miscellaneous Services Staff) 2000
Part 2 - Conditions applying in common to all trades and services staff
Section 4 - Hours of Work, Breaks, Overtime, Shift Work, Weekend Work
- Meal Breaks
- Overtime
- Summer Time
- Work on Public Holidays and University Holidays
- Penalty Rates not Cumulative
36. MEAL BREAKS
An unpaid daily meal break of not less than 30 minutes and not more than an hour shall be taken during ordinary hours as prescribed in clauses 71, 84, 103, 109, and 128 of this Agreement where a staff member is required to work more than 5 hours in a day. Time taken as meal breaks shall not be paid for and shall not be counted as time worked.
A staff member shall not be required to work for more than 5 hours continuously without a meal break. However, a staff member may elect to work up to six consecutive hours without such a break for a meal.
37. OVERTIME
37.1 Definition of overtime
All time worked either:
- outside the staff member's specified span of hours (where applicable); or
- in excess of 7.6 hours in a day plus any time worked for RDO accrual purposes; or
- in excess of 38 hours from midnight Sunday to midnight of the following Sunday
shall be regarded as overtime.
37.2 Payment of overtime
Except where otherwise provided in this Agreement, the following rates shall apply for the payment of overtime worked calculated to the nearest quarter of an hour of the total amount of overtime worked in a fortnightly payroll period:
Overtime worked any time Monday to Saturday inclusive - time and a half for the first two hours and double time thereafter, such double time rate to continue until the completion of the overtime work; and
Overtime worked on a Sunday - double time.
37.3 Time off in lieu of payment of overtime
Where a staff member has worked overtime, he/she shall be paid for such overtime except where there is agreement between the staff member and his/her supervisor to take time off in lieu of payment of overtime. Any agreed time off in lieu of payment of overtime shall be equivalent to the hours of overtime worked multiplied by the appropriate overtime penalty rate, and the supervisor shall be responsible for ensuring that the staff member is given the opportunity to take any time accrued as soon as operationally convenient.
Provided that a staff member in receipt of a salary in excess of that prescribed for the top of the scale for HEW level 7 shall not be eligible to receive payment for overtime but shall be allowed time off equivalent to the period of overtime worked.
37.4 Overtime meal allowance
After working 10 hours on any day as one continuous period, including any ordinary time worked, a staff member shall be entitled to an unpaid meal break of 30 minutes and to be paid an overtime meal allowance of $16.10, provided that he/she is required to resume working overtime after that meal break.
If the overtime continues for a further 5 hours after the meal break, a further unpaid meal break of 30 minutes shall be taken and another overtime meal allowance of $16.10 shall be paid, provided that the staff member is again required to resume working overtime after that subsequent meal break.
Provided further that such meal breaks may be deferred in emergency situations.
37.5 Standing by
A staff member required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at the ordinary rate of pay from the time which he/she departs the premises of the University after he/she is told to hold himself/herself in readiness.
37.6 Recall to duty
Where a staff member is recalled to work overtime after leaving the premises of the University (whether notified before or after leaving the premises) and he/she returns to the premises of the University to perform such overtime, he/she shall be entitled to be paid for a minimum of three hours' work at the appropriate rate(s) except where otherwise provided elsewhere in this Agreement.
Provided that:
- the above minimum payment provision shall not apply where it is customary for the staff member to return to the University's premises to perform a specific job outside his/her ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of the staff member's ordinary working hours;
- the above minimum payment provision does apply to overtime worked on a Saturday and/or Sunday where such overtime is not continuous with ordinary working hours and except where otherwise provided elsewhere in this Agreement;
- the staff member shall not be required to work the full three hours if the job he/she was recalled to perform is completed within a shorter period; and
- where more than one overtime attendance is involved in a three-hour period, the above minimum payment provision shall not operate to increase the overtime payment beyond that which would have been payable had the employee remained on duty from the time of commencing one attendance to the time of ceasing a subsequent attendance.
37.7 Rest period after overtime
37.7.1 A staff member required by the University to work so much overtime that there is not a break of at least 10 consecutive hours plus reasonable travelling time between the cessation of one period of duty and the commencement of the next ordinary period of duty shall be released after completion of the overtime duty for a period of not less than 10 consecutive hours plus reasonable travelling time and such release shall be without any loss of pay for scheduled ordinary duty occurring during such absence.
37.7.2 Notwithstanding the above, a staff member required to resume or continue work without having had at least 10 consecutive hours plus reasonable travelling time off duty shall be paid at the rate of double time until released from duty for not less than 10 consecutive hours plus reasonable travelling time off duty and such release shall be without loss of pay for any scheduled ordinary duty occurring during such absence.
37.7.3 For the purposes of this clause, "reasonable travelling time" shall mean the period of time normally required to travel from the place of residence of the staff member to his/her normal workplace and back.
37.8 Requirement to work reasonable overtime
The University may require a staff member to work reasonable overtime and such employee shall work overtime in accordance with such requirement. Provided that the primary care-giving responsibilities of the staff member shall be taken into account for the purposes of this clause.
38. SUMMER TIME
Notwithstanding anything contained elsewhere in this Agreement, where by reason of legislation summer time is prescribed as being in advance of the standard time, the length of any shift -
- commencing before the time prescribed pursuant to the relevant legislation for the commencement of a summer time period; and
- commencing on or before the time prescribed pursuant to such legislation for the termination of a summer time period -
shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock in each case to be set to the time fixed pursuant to the legislation.
In this clause, the expressions "standard time" and "summer time" shall bear the same meanings as are prescribed by legislation, and "legislation" shall mean the Summer Time Act 1972, as amended or as substituted.
39. WORK ON PUBLIC HOLIDAYS AND UNIVERSITY HOLIDAYS
A rate of double time and a half of ordinary time shall be paid for any and all work (including any overtime) performed by a trades and services staff member (including any casual trades and services staff member) on any of the days specified as a holiday under clause 49 or any other day as the University's Chancellor or Vice-Chancellor shall declare a holiday.
In the case of a casual trades and services staff member, the casual loading payable for time worked Monday to Friday will apply in addition to the holiday penalty rate of double time and half of ordinary time notwithstanding that the holiday worked may fall on a Saturday or Sunday.
40. PENALTY RATES NOT CUMULATIVE
Where time worked is required to be paid for at more than the ordinary rate, such time shall not be subject to more than one penalty but shall be subjected to only that penalty which is to the staff member's greatest advantage. For the purposes of this clause, a casual, part-time or seasonal loading shall not be regarded as a penalty. |
