Common use of ON-CALL/RECALL Clause in Contracts

ON-CALL/RECALL. 23.1 On call (a) For the purposes of this Agreement an employee is on call when the employee is directed by the employer to remain at such a place as will enable the employer to readily contact the employee during the hours when the employee is not otherwise on duty. In so determining the place at which the employee will remain, the employer may require that place to be within a specified radius from the hospital or place of employment. (b) An employee rostered to be on call will be paid the allowance prescribed in subclause 23.1(c) for each hour or part thereof the employee is on call. (c) An employee rostered to be on call will be paid 18.75% of 1/38th of the rate prescribed for a Level 1.2 Registered Nurse and will be adjusted in line with the percentage wage increases prescribed in Clause 24 – Classification Structure and Wages of this Agreement in accordance with the following table: First pay period on or after date of Registration First pay period on or after 7 October 2011 First pay period on or after 7 October 2012 $5.03 per hour $5.24 per hour $5.47 per hour (d) The payments referred to in subclause 23.1(c) will not be made in respect to any period for which overtime is paid when the employee is recalled to work. (e) If the usual means of contact between the employer and the employee is a telephone and if the employee pays or contributes towards the payment of the rental of such telephone the employer will pay the employee an amount being a proportion of the telephone rental calculated on the basis that for each seven days on which an employee is required to be on call the employer will pay the Employee 1/52nd of the annual rental paid by the employee. (f) Provided that where the employer and the Union agree in writing, other arrangements may be made for compensation of on call work to enrolled community nurses or enrolled community school nurses. (g) Where it is determined that the means of contact is to be by pager or mobile telephone the employer will provide the employee with the device at no charge. (h) An employee will not be required to remain on call whilst on leave or the day before commencing leave, or whilst on accrued days off, or the day before commencing accrued days off, unless by mutual agreement between the nurse and employer. 23.2 Ten hour break for employees on call (a) Where an employee who is on call is recalled to perform overtime duty, the employee will be provided with a continuous break of not less than 10 hours from when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift. (b) In the event that the 10 hour break provided for in paragraph (a) of this subclause is not available between when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift, the employee will be entitled to be absent from duty without loss of pay for ordinary working time, until the employee has been provided with a continuous break of 10 hours. (c) Provided that, if instructed by the employer the employee is required to work without the break provided for in paragraph (a) and (b) of this subclause, the employee will be paid at the overtime rate of double time until released from duty. (d) The preceding paragraphs of this subclause will not apply where an employee is recalled to work within three hours of the commencement of the employee’s next ordinary rostered shift and the employee has had a continuous break of at least 10 hours immediately prior to the commencement of the recall overtime duty. (e) Notwithstanding the provisions of paragraphs (a), (b) and (c) of this subclause, where the employer and the Union agree in writing, other arrangements may be made to ensure an adequate break for employees on call in accordance with Clause 11 of this Agreement. Such arrangement will ensure the health, safety and welfare of the employee or employees concerned and will take into account the safety and welfare of patients. (f) The provisions of this subclause do not apply to casual employees.

ON-CALL/RECALL. 23.1 On call (a) For the purposes of this Agreement an employee is on call when the employee is directed by the employer Employer to remain at such a place as will enable the employer Employer to readily contact the employee during the hours when the employee is not otherwise on duty. In so determining the place at which the employee will remain, the employer Employer may require that place to be within a specified radius from the hospital or place of employment. (b) An employee rostered to be on call will be paid the allowance prescribed in subclause 23.1(c) for each hour or part thereof the employee is on call. (c) An employee rostered to be on call will be paid 18.75% of 1/38th of the rate prescribed for a Level 1.2 Registered Nurse and will be adjusted in line with the percentage operative date of wage increases prescribed in Clause 24 – Classification Structure and Wages of this Agreement in accordance with the following table: First pay period on or after date of Registration First pay period on or after On and from 7 October 2011 First pay period on or after 2013 On and from 7 October 2012 2014 On and from 7 October 2015 $5.03 5.74 per hour $5.24 5.97 per hour $5.47 6.27 per hour (d) The payments referred to in subclause 23.1(c) will not be made in respect to any period for which overtime is paid when the employee is recalled to work. (e) If the usual means of contact between the employer Employer and the employee is a telephone and if the employee pays or contributes towards the payment of the rental of such telephone the employer Employer will pay the employee an amount being a proportion of the telephone rental calculated on the basis that for each seven days on which an employee is required to be on call the employer Employer will pay the Employee employee 1/52nd of the annual rental paid by the employee. (f) Provided that where the employer Employer and the Union agree in writing, other arrangements may be made for compensation of on call work to enrolled community nurses or enrolled community school nurseswork. (g) Where it is determined that the means of contact is to be by pager or mobile telephone the employer Employer will provide the employee with the device at no charge. (h) An employee will not be required to remain on call whilst on leave or the day before commencing leave, or whilst on accrued days off, or the day before commencing accrued days off, unless by mutual agreement between the nurse employee and employerEmployer. 23.2 Ten hour break for employees on call (a) Where an employee who is on call is recalled to perform overtime duty, the employee will be provided with a continuous break of not less than 10 ten hours from when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift. (b) In the event that the 10 ten hour break provided for in paragraph 23.2 (a) of this subclause is not available between when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift, the employee will be entitled to be absent from duty without loss of pay for ordinary working time, until the employee has been provided with a continuous break of 10 ten hours. (c) Provided that, if instructed by the employer Employer the employee is required to work without the break provided for in paragraph 23.2 (a) and 23.2 (b) of this subclause), the employee will be paid at the overtime rate of double time until released from duty. (d) The preceding paragraphs of this subclause will not apply where an employee is recalled to work within three hours of the commencement of the employee’s next ordinary rostered shift and the employee has had a continuous break of at least 10 ten hours immediately prior to the commencement of the recall overtime duty. (e) Notwithstanding the provisions of paragraphs subclauses 23.2 (a), 23.2 (b) and 23.2 (c) of this subclause), where the employer Employer and the Union agree in writing, other arrangements may be made to ensure an adequate break for employees on call in accordance with Clause 11 of this Agreement– No Further Claims/Agreement Flexibility. Such arrangement will ensure the health, safety and welfare of the employee or employees concerned and will take into account the safety and welfare of patients. (f) The provisions of this subclause do not apply to casual employees.

ON-CALL/RECALL. 23.1 On call (a) For the purposes of this Agreement an employee is on call when the employee is directed by the employer Employer to remain at such a place as will enable the employer Employer to readily contact the employee during the hours when the employee is not otherwise on duty. In so determining the place at which the employee will remain, the employer Employer may require that place to be within a specified radius from the hospital or place of employment. (b) An employee rostered to be on call will be paid the allowance prescribed in subclause 23.1(c) for each hour or part thereof the employee is on call. (c) An employee rostered to be on call will be paid 18.75% of 1/38th of the rate prescribed for a Level 1.2 Registered Nurse and will be adjusted in line with the percentage operative date of wage increases prescribed in Clause 24 – Classification Structure and Wages of this Agreement in accordance with the following table: First pay period on or after date of Registration First pay period on or after On and from 7 October 2011 First pay period on or after 2016 On and from 7 October 2012 2017 $5.03 6.36 per hour $5.24 per hour $5.47 6.46 per hour (d) The payments referred to in subclause 23.1(c) will not be made in respect to any period for which overtime is paid when the employee is recalled to work. (e) If the usual means of contact between the employer Employer and the employee is a telephone and if the employee pays or contributes towards the payment of the rental of such telephone the employer Employer will pay the employee an amount being a proportion of the telephone rental calculated on the basis that for each seven days on which an employee is required to be on call the employer Employer will pay the Employee employee 1/52nd of the annual rental paid by the employee. (f) Provided that where the employer Employer and the Union agree in writing, other arrangements may be made for compensation of on call work to enrolled community nurses or enrolled community school nurseswork. (g) Where it is determined that the means of contact is to be by pager or mobile telephone the employer Employer will provide the employee with the device at no charge. (h) An employee will not be required to remain on call whilst on leave or the day before commencing leave, or whilst on accrued days off, or the day before commencing accrued days off, unless by mutual agreement between the nurse employee and employerEmployer. 23.2 Ten hour break for employees on call (a) Where an employee who is on call is recalled to perform overtime duty, the employee will be provided with a continuous break of not less than 10 ten hours from when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift. (b) In the event that the 10 ten hour break provided for in paragraph 23.2 (a) of this subclause is not available between when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift, the employee will be entitled to be absent from duty without loss of pay for ordinary working time, until the employee has been provided with a continuous break of 10 ten hours. (c) Provided that, if instructed by the employer Employer the employee is required to work without the break provided for in paragraph 23.2 (a) and 23.2 (b) of this subclause), the employee will be paid at the overtime rate of double time until released from duty. (d) The preceding paragraphs of this subclause will not apply where an employee is recalled to work within three hours of the commencement of the employee’s next ordinary rostered shift and the employee has had a continuous break of at least 10 ten hours immediately prior to the commencement of the recall overtime duty. (e) Notwithstanding the provisions of paragraphs subclauses 23.2 (a), 23.2 (b) and 23.2 (c) of this subclause), where the employer Employer and the Union agree in writing, other arrangements may be made to ensure an adequate break for employees on call in accordance with Clause 11 of this Agreement– No Further Claims/Agreement Flexibility. Such arrangement will ensure the health, safety and welfare of the employee or employees concerned and will take into account the safety and welfare of patients. (f) The provisions of this subclause do not apply to casual employees.