ON CALL AND RECALL

Recall

(1) An employee, other than a casual employee, who is recalled to work for any purpose will be paid a minimum of three hours at the appropriate overtime rate provided that the employee will not be required to work for three hours if the work for which the employee was recalled to perform is completed in less time. Provided that for part time employees who are placed on call and who are recalled to duty, the same overtime provision shall apply as applies to full time employees.

(2) Where a casual employee, is recalled to work for any purpose payment will be made in accordance with clause 11 (1) (a) of this Agreement. Payment will commence from the time the casual employee commences the work for which they were recalled. In the event that the work for which the casual employee was recalled is cancelled for any reason, the casual employee will be paid for a minimum period of two hours.

(3) Where an employee, other than a casual employee, is recalled to work within 3 hours of starting work on a previous recall, the minimum overtime period shall commence from the time of the second, or subsequent recall. Provided that the effect of this subclause shall not be to pay three hours of overtime for each and every recall within the original three hour period, as a discrete period of overtime.

(4) Where an employee, other than a casual employee, is recalled to work for any purpose within three hours of commencing normal duty, the employee will be paid at the appropriate overtime rate for that period up to and until the commencement time of normal duty, but the employee will not be obliged to work for the full period if the work for which the employee was recalled is completed in less time.

(5) Where an employee, other than a casual employee, is recalled to duty in accordance with subclauses (1), (3) and (4) of this clause, then the payment of the appropriate overtime rate will commence from:

(a) in the case of an employee who is on call, from the time the employee starts work; (b) in the case of an employee who is not on call, time spent travelling to and from the

place of duty where the employee is actually recalled to perform emergency duty will be included with actual duty performed for the purpose of overtime payment. Provided that where an employee is recalled within three hours of commencing normal duty, only time spent in travelling to work will be included with actual duty for the purpose of overtime payment.

(6) 9.5 Hour Break for Employees On Call

The provisions of this subclause do not apply to casual employees.

(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 9.5 hours from when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift. In the event that a 9.5 hour break is not available between when the overtime duty was completed to immediately prior to the commencement of the next ordinary rostered shift, the employee shall 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 9.5 hours.

(b) Provided that, if instructed by the Employer, the employee is required to work without the break provided for in subclause (6) (a) of this clause, the employee will be paid at the overtime rate of double time until released from duty.

(c) Subclause (6) (a) and (6) (b) of this clause shall 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 9.5 hours immediately prior to the commencement of the recall overtime duty.

(d) Notwithstanding the provisions of subclauses (6) (a) and (6) (b) of this clause, where the Employer and the Federation agree in writing, other arrangements may be made to ensure an adequate break for employees on call in accordance with Clause 8 – Agreement Flexibility of this Agreement. Such arrangement shall ensure the health, safety and welfare of the employee or employees concerned and shall take into account the safety and welfare of patients.

(7) If an employee is recalled to work the employee will:

(a) except as provided in subclause (7)(b) of this clause be provided free of charge with transport from home to the hospital and return or, be paid the vehicle allowance provided in Clause 53 - Motor Vehicle Allowance of this Agreement;

(b) if recalled to work within three hours of commencing normal duty and the employee remains at work, the employee will be provided free of charge with transport from home to the hospital or, be paid the vehicle allowance provided in Clause 53 - Motor Vehicle Allowance of this Agreement, for the journey from the employee’s home to the hospital.

(8) (a) Directors of Nursing in rural health services that are recalled to duty for clinical nursing duties will be paid a minimum of 3 hours at the rate of time and one half. In lieu of overtime the Director of Nursing may elect to take the equivalent time worked as TOIL. Overtime or TOIL will not apply:

(i) where the Director of Nursing works in excess of 8 hours continuously within ordinary hours of work;

(ii) where the return to work is for duties of management (eg meetings, security, non-nursing emergencies); or

(iii) where other suitably trained nurses are available to deal with the recall. (b) Positions other than Directors of Nursing that attract this arrangement are to be

identified by the Chief Executive responsible for the Health Service. On Call Availability

(9) An employee, including casual employees, rostered to be on call for clinical nursing duties will be paid 18.75% of 1/38th of the rate of pay prescribed for a Level 1.2 Registered Nurse for each hour or part thereof the employee is on call. Provided that this payment shall not be made in respect to any period during which an employee is paid as a result of being recalled.

(10) An employee placed on-call is required to remain at their private residence or any other mutually agreed place as will enable the Employer to readily contact her/him during the hours for which the employee has been placed on-call. This should not prevent the provision by Employers of electronic or other devices by which the employee can be contacted as an alternative to being stationed at an agreed place. The Employer will provide the device at no charge.

(11) An employee rostered on call in a role where they are required to provide specialist clinical advice via the telephone direct to a patient will receive one hour overtime when telephone advice is provided. Subsequent telephone advice beyond the first hour will be paid a further one-hour overtime. However, multiple occasions of telephone advice within discrete hour periods will not attract an additional payment.

(12) Subject to subclauses (1), (3), (4), (5) and/or (7) of this clause, should an employee, other than a casual employee, rostered to be on call be recalled to duty, the employee is entitled to receive normal overtime provisions in accordance with the provisions of clause 27 (3) (a), (b) and (c) of this Agreement.

(13) If the usual means of contact between the Employer and the employee on-call 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 shall pay the employee 1/52nd of the annual rental paid

(14) No employee will 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 employee and the Employer.

(15) Notwithstanding any other provision of this Agreement, On Call allowance may be commuted to an annual amount, paid pro-rata fortnightly, by agreement between the Employer and employee.