Common use of ON-CALL/RECALL Clause in Contracts

ON-CALL/RECALL. 6.4.1 Employees may be required to remain on-call to ensure appropriate access to staff for emergencies, not to support routine theatre lists (including routine weekend lists). Where clinically appropriate and taking into account patient and staff safety with respect to staff fatigue and WHS matters, employees on-call may request to work overtime at the end of their shift but cannot be directed to do so by the employer. However this can only occur if there are sufficient relevant specialist, experienced and competent on-call staff to ensure safe coverage for all emergencies. The employer cannot direct the employee to remain in the workplace during the period on call. 6.4.2 The employee will ensure that they are easily contactable during the hours for which they have been placed on-call and may be required to remain within an agreed access period of the workplace, as specified within a particular site or department. 6.4.3 Where an employee is required to remain on-call they will be paid an On-Call Allowance per period of 24 hours or part thereof. See Part 7.10 – Allowances. 6.4.4 Where an employee is required to remain on-call and they are not recalled to work the time spent on-call will not count as hours worked. 6.4.5 Where an employee is required to remain on-call and is recalled to work the overtime provisions will apply. Further, they will be paid for a minimum of 4 hours work at the appropriate overtime rate in addition to the On-Call Allowance. See Part 7.10 – Allowances. 6.4.6 The recall period for which the employee is paid will commence when the employee arrives at the workplace. 6.4.7 Employees will not be required to remain on-call whilst on leave (paid or unpaid) or on the day before their leave period begins. 6.4.8 The employer will endeavour not to require an employee to remain on-call on an Accrued Day Off or on the day before an Accrued Day Off. Where it is necessary to ensure continuity of service the employee shall be paid a relevant On-Call Allowance. See Part 7.10 – Allowances. 6.4.9 Where an employee is required to remain on-call during a meal break they will be paid an On-Call Allowance. See Part 7.10 – Allowances. 6.4.10 An employee recalled to work will be provided with transport to and from their home or refunded the cost of the transport. 6.4.11 Where an employee has completed one period of work on-call and returns home and then is recalled in again during the same 24 hour period of on-call then the second and subsequent periods of work time will be added to the first period of on-call when calculating overtime payments. 6.4.12 Casual employees who remain on-call will be paid rates and penalties applicable to permanent staff, excluding the casual loading. 6.4.13 Where an employee is not on-call but is recalled to work the time spent travelling to and from the workplace will be considered hours worked and paid at overtime rates. Example 1: ▇▇▇▇▇ is rostered to be on-call at the conclusion of her shift. ▇▇▇▇▇ is told to stay back prior the end of her shift, and before she has ‘touched-off’, for an emergency operation, e.g. LSCS. The hospital will pay this time at overtime rates in addition to the on call allowance. Where ▇▇▇▇▇ is required to be on call, has ‘touched off’ and is recalled to return to work, the overtime provisions will apply. ▇▇▇▇▇ will be paid for a minimum of 4 hours work at the appropriate overtime rates in addition to the on-call allowance. When Natalia is not on-call, but is recalled to work, the time spent travelling to and from work, will be considered hours worked and paid at overtime rates. Natalia will be entitled to be provided with transport to and from home or where she used her own vehicle, will be reimbursed the cost of transport at the rate listed in Appendix B.

ON-CALL/RECALL. 6.4.1 Employees may be required to remain on-call to ensure appropriate access to staff for emergencies, not to support routine theatre lists (including routine weekend lists). Where clinically appropriate and taking into account patient and staff safety with respect to staff fatigue and WHS matters, employees on-call may request to work overtime at the end of their shift but cannot be directed to do so by the employer. However this can only occur if there are sufficient relevant specialist, experienced and competent on-call staff to ensure safe coverage for all emergencies. The employer cannot direct the employee to remain in the workplace during the period on call. 6.4.2 The employee will ensure that they are easily contactable during the hours for which they have been placed on-call and may be required to remain within an agreed access period of the workplace, as specified within a particular site or department. 6.4.3 Where an employee is required to remain on-call they will be paid an On-Call Allowance per period of 24 hours or part thereof. See Part 7.10 – Allowances. 6.4.4 Where an employee is required to remain on-call and they are not recalled to work the time spent on-call will not count as hours worked. 6.4.5 Where an employee is required to remain on-call and is recalled to work the overtime provisions will apply. Further, they will be paid for a minimum of 4 hours work at the appropriate overtime rate in addition to the On-Call Allowance. See Part 7.10 – Allowances. 6.4.6 The recall period for which the employee is paid will commence when the employee arrives at the workplace. 6.4.7 Employees will not be required to remain on-call whilst on leave (paid or unpaid) or on the day before their leave period begins. 6.4.8 The employer will endeavour not to require an employee to remain on-call on an Accrued Day Off or on the day before an Accrued Day Off. Where it is necessary to ensure continuity of service the employee shall be paid a relevant On-Call Allowance. See Part 7.10 – Allowances. 6.4.9 Where an employee is required to remain on-call during a meal break they will be paid an On-Call Allowance. See Part 7.10 – Allowances. 6.4.10 An employee recalled to work will be provided with transport to and from their home or refunded the cost of the transport. 6.4.11 Where an employee has completed one period of work on-call and returns home and then is recalled in again during the same 24 hour period of on-call then the second and subsequent periods of work time will be added to the first period of on-call when calculating overtime payments. 6.4.12 Casual employees who remain on-call will be paid rates and penalties applicable to permanent staff, excluding the casual loading. 6.4.13 Where an employee is not on-call but is recalled to work the time spent travelling to and from the workplace will be considered hours worked and paid at overtime rates. Example 1: ▇▇▇▇▇ is rostered to be on-call at the conclusion of her shift. ▇▇▇▇▇ is told to stay back prior the end of her shift, and before she has ‘touched-off’, for an emergency operation, e.g. LSCS. The hospital will pay this time at overtime rates in addition to the on call allowance. Where ▇▇▇▇▇ is required to be on call, has ‘touched off’ and is recalled to return to work, the overtime provisions will apply. ▇▇▇▇▇ will be paid for a minimum of 4 hours work at the appropriate overtime rates in addition to the on-call allowance. When Natalia ▇▇▇▇▇▇▇ is not on-call, but is recalled to work, the time spent travelling to and from work, will be considered hours worked and paid at overtime rates. Natalia ▇▇▇▇▇▇▇ will be entitled to be provided with transport to and from home or where she used her own vehicle, will be reimbursed the cost of transport at the rate listed in Appendix B.