Common use of Reasonable Overtime Clause in Contracts

Reasonable Overtime. a) Subject to the following sub-clause, an Employer may require an employee to work reasonable overtime at overtime rates, other than part time employees, unless done in compliance with the provisions in this Agreement applicable to part-time employees. b) 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 having regard to: i. any risk to employee health and safety; ii. the employee’s personal circumstances including any family responsibilities; iii. the needs of the workplace or enterprise. iv. the notice (if any) given by the Employer of the overtime and by the employee of his or her intention to refuse it; and v. any other relevant matter. c) On jobs where overtime is necessary, the work crew may be rostered so that each employee is not disadvantaged as to the amount of overtime they can work. On any day that overtime is worked there will be no necessity for all employees on that particular job to work subject to the above. d) Overtime, if agreed between the Employer and the employee, can be worked on a rostered day off weekend. e) It is also acknowledged that employees required to first attend at the depot or registered office prior to starting time and then make their way to the work site will be paid as time worked. The return journey after ceasing work will also be paid as time worked. f) The full-time direct Employees of the Employer are the most suitable and capable workers to perform the tasks covered by this Agreement that are directly performed by the Employer, and are required during out of hours, on availability and other overtime situations. Accordingly, they will be given preference when such work is offered or required. g) In the event the Employer wishes to engage part time, casual or fixed term Employees to work outside ordinary hours which will or is likely to impact on the overtime earnings or job security of permanent full time Employees, the Employer will consult with the affected Employees prior to engaging those part time, casual or fixed term Employees. Engagement of part time, casual or fixed term Employees shall not occur without agreement between the parties.