Clause 20: overtime

20.1 Rates - Overtime shall be paid at the following rates:

20.1.1 Weekdays (Monday to Friday inclusive) - At the rate of time and one half for the first two hours and at the rate of double time thereafter for all directed overtime worked:

(i) For employees, working under the hours averaging provisions of subclause 8.4 of clause 8, Hours, who are directed to work overtime after 6.00 pm on a weekday following seven hours of normal work.

(ii) For employees not working under the hours averaging provisions of the said subclause 8.4, who are directed to work overtime on a weekday following seven hours of normal work.

20.1.2 Saturday - All overtime directed to be worked on a Saturday at the rate of time and one half for the first two hours and at the rate of double time thereafter.

20.1.3 Sundays -All overtime directed to be worked on a Sunday at the rate of double time.

20.1.4 Public Holidays - All overtime directed to be worked on a public holiday at the rate of double time and one half.

20.2 If an employee is absent from duty on any working day during any week in which directed overtime has been worked, the time so lost may be deducted from the total amount of overtime worked during the week unless the employee has been granted leave of absence or the absence has been caused by circumstances beyond the employee’s control.

20.3 An employee who works directed overtime on a Saturday, Sunday or public holiday shall be paid a minimum payment as for three hours' work at the appropriate rate.

20.4 Meal Breaks and Allowances

20.4.1 An employee who works directed overtime is entitled to a meal break as follows:

(i) an employee not working under the averaging of hours scheme as provided at subclause 8.4 of clause 8, Hours, who is required to work overtime on weekdays for 1½ hours or more after the employee’s ordinary hours of duty, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked;

(ii) an employee working under the averaging of hours scheme as provided at the said subclause 8.4, who is required to work overtime on weekdays beyond 6.00 pm and until or beyond 8½ hours after commencing duty plus the time taken for lunch, shall be allowed 30 minutes for a meal and thereafter, 30 minutes for a meal after every five hours of overtime worked;

(iii) an employee required to work overtime on a Saturday, Sunday or public holiday shall be allowed 30 minutes for a meal after every five hours of overtime worked.

20.4.2 Meal allowances are set out in Item 2 in Table 2 of Schedule 2, Part B and are payable for meal breaks taken as above, if an adequate meal has not been provided by the Department and:

(i) the time worked is directed overtime;

(ii) the employee incurred expenditure in obtaining the meal in respect of which the allowance is sought;

(iii) where the employee was able to cease duty for at least 30 minutes before or during the working of overtime to take the meal, the employee did so;

(iv) overtime is not being paid in respect of the time taken for the meal break.

20.5 Rest Periods

20.5.1 An employee who works overtime shall be entitled to be absent until eight consecutive hours have elapsed.

20.5.2 Where an employee, at the direction of the supervisor, resumes or continues work without having had eight consecutive hours off duty, then such employee shall be paid at the appropriate overtime rate until released from duty. The employee shall then be entitled to eight consecutive hours off duty and shall be paid for the ordinary working time occurring during the absence.

20.6 Recall to Duty

20.6.1 An employee recalled to work overtime after leaving the employer’s premises shall be paid for a minimum of three hours' work at the appropriate overtime rates.

20.6.2 The employee shall not be required to work the full three hours if the job can be completed within a shorter period.

20.6.3 A recall to duty commences when the employee starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

20.6.4 An employee recalled to duty within three hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

20.6.5 This subclause shall not apply in cases where it is customary for an employee to return to the Department’s premises to perform a specific job outside the employee’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three hours unless the actual time worked is three or more hours.

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