SCHOOL SUPPORT STAFF (ARCHDIOCESE OF SYDNEY, DIOCESES OF BROKEN BAY AND PARRAMATTA) (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)

 

 

VARIATION

 

1.          Delete clause 11, Overtime, of the award published 13 July 2001 (326 I.G. 40), 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.

 

 

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Printed by the authority of the Industrial Registrar.