15.5 Rest period after Overtime
15.5.1 Where overtime is necessary, whenever possible it shall be organised so that employees shall have at least ten (10) consecutive hours off duty. If so much overtime is worked that an employee cannot take a ten (10) consecutive hour break before the normal commencement time, they shall be entitled to time off without loss of normal pay until they have had a ten (10) consecutive hour break. If a ten (10) hour break is not given then the employee is paid double time for all hours worked until a ten (10) consecutive hour break is taken.
This means that after working overtime – any overtime – you take a 10 hr break or you get paid double time until a ten hour break is taken. This is irrespective of how long a break you might have had prior to the overtime. The attached document implies that if you have had a 10hr break prior to working the overtime then you do not have to take a 10hr break after. This is a misapplication of the Agreement. The clause clearly refers to Rest period after Overtime.
15.5.2 If a day worker is recalled to work overtime between the time determined by extending the employee’s usual ceasing time on the previous day by eight (8) hours and 0400 hours, the employee’s normal starting time the next day shall be put back by the number of hours worked between those times or paid at double time for the number of hours worked between those times.
This means that if you are recalled to work overtime between the hours of; finish time + 8hrs and 0400hrs, you only get stood down with pay for the number of hours you worked between those times or you get paid double time until that duration of a break is taken. For example if your start time is 0700 and your finish time is 15:30 and you get called in at midnight and work from midnight to 0400 then you would not start work until 11am the following day or get paid double time until that 4hr break is taken. Anything outside the span of hours above is simply reverts to the 10hr break rule.
Management has been using the attached flow charts, which are a breach of the Ausgrid Agreement. As a result of this it is apparent that many of you will actually be entitled to payment at double time when such breaks described above were not taken. I encourage all of you in this situation to make the relevant claims you are entitled to under the Agreement. This will involve consulting your own records and / or requesting time sheet records from your area management. If there are any issues with you getting this information please contact your local delegate who will assist with the process.