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You work hard for DCJ. You are entitled to be paid for the work that you do – it is part of your conditions of employment.  Being paid to be On-Call is not a gift from the Department, it’s your entitlement

The Crown Employees (Public Service Conditions of Employment) Award 2009 commits the parties to this Award to:

91. Recall to Duty

91.1    A staff member recalled to work overtime after leaving the employer’s premises shall be paid for a minimum of three (3) hours work at the appropriate overtime rates.

91.2    The staff member shall not be required to work the full three (3) hours if the job can be completed within a shorter period.

91.3    When a staff member returns to the place of work on a number of occasions in the same day and the first or subsequent minimum pay period overlap into the next call out period, payment shall be calculated from the commencement of the first recall until either the end of duty or three (3) hours from the commencement of the last recall, whichever is the greater. Such time shall be calculated as one continuous period.

91.4    When a staff member returns to the place of work on a second or subsequent occasion and a period of three (3) hours has elapsed since the staff member was last recalled, overtime shall only be paid for the actual time worked in the first and subsequent periods with the minimum payment provision only being applied to the last recall on the day.

91.5    A recall to duty commences when the staff member starts work and terminates when the work is completed. A recall to duty does not include time spent travelling to and from the place at which work is to be undertaken.

91.6    A staff member recalled to duty within three (3) hours of the commencement of usual hours of duty shall be paid at the appropriate overtime rate from the time of recall to the time of commencement of such normal work.

91.7    This clause shall not apply in cases where it is customary for a staff member to return to the Department’s premises to perform a specific job outside the staff member’s ordinary hours of duty, or where overtime is continuous with the completion or commencement of ordinary hours of duty. Overtime worked in these circumstances shall not attract the minimum payment of three (3) hours unless the actual time worked is three (3) or more hours.

92. On-Call (Stand-By) and on-Call Allowance

92.1    Unless already eligible for an on-call allowance under another industrial instrument, a staff member shall be:

92.1.1 Entitled to be paid the on call allowance set out in Item 13 of Table 1 – Allowances of Part B Monetary Rates when directed by the Department to be on call or on standby for a possible recall to duty outside the staff member’s working hours;

92.1.2 If a staff member who is on call and is called out by the Department, the overtime provisions as set out in clause 89, Overtime Worked by Shift Workers or clause 90, Overtime Worked by Day Workers of this award, whichever is appropriate, shall apply to the time worked;

92.1.3 Where work problems are resolved without travel to the place of work whether on a weekday, weekend or public holiday, work performed shall be compensated at ordinary time for the time actually worked, calculated to the next 15 minutes.

Managers must, at all times, be guided by the Award, Agreements and Departmental Policies.

Your entitlements are not a gift, reward or favour.

Managers CANNOT take away your entitlements, they are the result of hard won gains by the union movement and the workers we represent.

Your entitlements cannot be taken away at the discretion of the manager/district.  Don’t be intimidated into giving up what you are entitled to.

If you continue to experience difficulties, please contact the PSA’s Member Support Centre in the first instance – telephone 1800 772 679.

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