Common use of OUT OF HOURS CONTACT Clause in Contracts

OUT OF HOURS CONTACT. 27.1 For the purpose of this Clause: 27.1.1 On Call - shall mean a written instruction to an employee to remain at the employee’s residence or to otherwise be immediately contactable by telephone or paging system outside of the employee’s normal hours of duty in case of a call out requiring an immediate return to duty. 27.1.2 Availability - shall mean a written instruction to an employee to remain contactable, but not necessarily in immediate proximity to a telephone, outside the employee’s normal hours of duty and be available to respond and return to duty if necessary within 3 hours. “Availability” will not include situations in which employees carry paging devices, mobile telephones or make their telephone numbers available only in the event that they may be needed for casual contact or recall to work. Recall to work under such circumstances would constitute emergency duty in accordance with subclause 27.8 of this Clause. 27.2 An employee who is authorised by the Head, or by a duly authorised senior employee, to be on “out of hours contact” during that person’s period off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof that person is on “out of hours contact” On Call Level 4 minimum weekly rate x 1 x 18.75 37.5 100 Availability Level 4 minimum weekly rate x 1 x 18.75 x 50 37.5 100 100 Provided that payment in accordance with this subclause shall not be made with respect to any period for which payment is made in accordance with the provisions of Clause 28 –Shift Work – Conditions and Allowance of this Agreement when the employee is recalled to work. 27.3 Where an employee is required to be “on call” or “available” the University shall, if necessary, arrange for a telephone to be installed at the employee’s residence and shall pay connection, disconnection and rental charges involved. If the employee so required to be “on call” or “available” has a telephone already connected the University shall pay all rental charges. Provided that where the University supplies the employee with a mobile telephone the University is not required to pay any rental charges on the employee’s home telephone. 27.4 Where an employee rostered for “on call” or “availability” is recalled for duty during the period for which the employee is on “out of hours contact” then the employee shall receive payment of hours worked in accordance with subclause 27.2 of this Agreement. The “on call” or “availability” allowance prescribed by subclause 27.2 of this Clause shall not be paid in addition to any overtime paid in these circumstances. 27.5 Time spent travelling to and from the place of duty, where an employee rostered “on call” or “availability” is actually recalled to duty, shall be included with actual duty performed for the purposes of overtime payment. 27.6 The minimum payment provisions provided in subclause 24.9 of this Agreement shall not apply to an employee rostered for “out of hours contact” duty. 27.7 An employee in receipt of an “out of hours contact” allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause 27.8 of this Clause. 27.8 Where an employee is called on duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which called on duty, then if called to duty: 27.8.1 On a Saturday, Sunday or public holiday, otherwise than during prescribed hours of duty he/she shall be entitled to payment at the rate in accordance with subclause 27.2 of this Agreement for a minimum period of 3 hours; 27.8.2 Before or after the prescribed hours of duty on a weekday he/she shall be entitled to payment at the rate in accordance with subclause 27.2 of this Agreement for a minimum period of 2.5 hours. 27.8.3 For the purpose of this Clause, where an employee is recalled more than once, each period of emergency duty shall stand alone in respect to the application of the minimum period of payment, subject to subclause 27.10 of this Clause. 27.9 Time spent travelling to and from the place of duty where an employee is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment. 27.10 An employee recalled to work to perform emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an employee called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.

OUT OF HOURS CONTACT. 27.1 For the purpose of this Clause: 27.1.1 On Call - shall mean a written instruction to an employee to remain at the employee’s residence or to otherwise be immediately contactable by telephone or paging system outside of the employee’s normal hours of duty in case of a call out requiring an immediate return to duty. 27.1.2 Availability - shall mean a written instruction to an employee to remain contactable, but not necessarily in immediate proximity to a telephone, outside the employee’s normal hours of duty and be available to respond and return to duty if necessary within 3 hours. “Availability” will not include situations in which employees carry paging devices, mobile telephones or make their telephone numbers available only in the event that they may be needed for casual contact or recall to work. Recall to work under such circumstances would constitute emergency duty in accordance with subclause 27.8 of this Clause. 27.2 An employee who is authorised by the Head, or by a duly authorised senior employee, to be on “out of hours contact” during that person’s period off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof that person is on “out of hours contact” On Call Level 4 minimum weekly rate x 1 x 18.75 37.5 100 Availability Level 4 minimum weekly rate x 1 x 18.75 x 50 37.5 100 100 Provided that payment in accordance with this subclause shall not be made with respect to any period for which payment is made in accordance with the provisions of Clause 28 –– Shift Work – Conditions and Allowance of this Agreement when the employee is recalled to work. 27.3 Where an employee is required to be “on call” or “available” the University shall, if necessary, arrange for a telephone to be installed at the employee’s residence and shall pay connection, disconnection and rental charges involved. If the employee so required to be “on call” or “available” has a telephone already connected the University shall pay all rental charges. Provided that where the University supplies the employee with a mobile telephone the University is not required to pay any rental charges on the employee’s home telephone. 27.4 Where an employee rostered for “on call” or “availability” is recalled for duty during the period for which the employee is on “out of hours contact” then the employee shall receive payment of hours worked in accordance with subclause 27.2 of this Agreement. The “on call” or “availability” allowance prescribed by subclause 27.2 of this Clause shall not be paid in addition to any overtime paid in these circumstances. 27.5 Time spent travelling to and from the place of duty, where an employee rostered “on call” or “availability” is actually recalled to duty, shall be included with actual duty performed for the purposes of overtime payment. 27.6 The minimum payment provisions provided in subclause 24.9 of this Agreement shall not apply to an employee rostered for “out of hours contact” duty. 27.7 An employee in receipt of an “out of hours contact” allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause 27.8 of this Clause. 27.8 Where an employee is called on duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which called on duty, then if called to duty: 27.8.1 On a Saturday, Sunday or public holiday, otherwise than during prescribed hours of duty he/she shall be entitled to payment at the rate in accordance with subclause 27.2 of this Agreement for a minimum period of 3 hours; 27.8.2 Before or after the prescribed hours of duty on a weekday he/she shall be entitled to payment at the rate in accordance with subclause 27.2 of this Agreement for a minimum period of 2.5 hours. 27.8.3 For the purpose of this Clause, where an employee is recalled more than once, each period of emergency duty shall stand alone in respect to the application of the minimum period of payment, subject to subclause 27.10 of this Clause. 27.9 Time spent travelling to and from the place of duty where an employee is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment. 27.10 An employee recalled to work to perform emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an employee called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.

OUT OF HOURS CONTACT. 27.1 For the purpose of this Clauseclause: 27.1.1 On Call - shall mean a written instruction to an employee to remain at the employee’s residence or to otherwise be immediately contactable by telephone or paging system outside of the employee’s normal hours of duty in case of a call out requiring an immediate return to duty. 27.1.2 Availability - shall mean a written instruction to an employee to remain contactable, but not necessarily in immediate proximity to a telephone, outside the employee’s normal hours of duty and be available to respond and return to duty if necessary within 3 three hours. “Availability” will not include situations in which employees carry paging devices, mobile telephones or make their telephone numbers available only in the event that they may be needed for casual contact or recall to work. Recall Subject to clause 28.2.1 recall to work under such circumstances would constitute emergency duty in accordance with subclause 27.8 of this Clauseclause. 27.2 An employee who is authorised by the Head, or by a duly authorised senior employee, to be on “out of hours contact” during that person’s period off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof that person is on “out of hours contact” On Call Level 4 minimum weekly rate x 1 x 18.75 37.5 100 Availability Level 4 minimum weekly rate x 1 x 18.75 x 50 37.5 100 100 Provided that payment in accordance with this subclause paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of Clause clause 28 –– Shift Work – Conditions and Allowance of this Agreement when the employee is recalled to work. 27.3 Where an employee is required to be “on call” or “available” the University shall, if necessary, arrange for a telephone to be installed at the employee’s residence and shall pay connection, disconnection and rental charges involved. If the employee so required to be “on call” or “available” has a telephone already connected the University shall pay all rental charges. Provided that where the University supplies the employee with a mobile telephone the University is not required to pay any rental charges on the employee’s home telephone. 27.4 Where an employee rostered for “on call” or “availability” is recalled for duty during the period for which the employee is on “out of hours contact” then the employee shall receive payment of hours worked in accordance with subclause 27.2 28.2 of this Agreement. The “on call” or “availability” allowance prescribed by subclause 27.2 of this Clause clause shall not be paid in addition to any overtime paid in these circumstances. 27.5 Time spent travelling to and from the place of duty, where an employee rostered “on call” or “availability” is actually recalled to duty, shall be included with actual duty performed for the purposes of overtime payment. 27.6 The minimum payment provisions provided in subclause 24.9 of this Agreement shall not apply to an employee rostered for “out of hours contact” duty. 27.7 An employee in receipt of an “out of hours contact” allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause 27.8 of this Clauseclause. 27.8 Where an employee is called on duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which called on duty, then if called to duty: 27.8.1 On a Saturday, Sunday or public holiday, otherwise than during prescribed hours of duty he/she shall be entitled to payment at the rate in accordance with subclause 27.2 of this Agreement for a minimum period of 3 hours; 27.8.2 Before or after the prescribed hours of duty on a weekday he/she shall be entitled to payment at the rate in accordance with subclause 27.2 of this Agreement for a minimum period of 2.5 hours. 27.8.3 For the purpose of this Clause, where an employee is recalled more than once, each period of emergency duty shall stand alone in respect to the application of the minimum period of payment, subject to subclause 27.10 of this Clause. 27.9 Time spent travelling to and from the place of duty where an employee is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment. 27.10 An employee recalled to work to perform emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an employee called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.