Reasonable Additional Hours. 72.1 Subject to subclause 72.2, an Employer may require an Employee to work reasonable additional hours at the appropriate overtime rate as defined in clause 69(Overtime) of the Agreement. 72.2 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: (a) any risk to Employee health and safety arising from the additional hours; (b) the Employee's personal circumstances, including family responsibilities; (c) the needs of the workplace or enterprise in which the Employee is employed; (d) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours (e) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it; (f) the usual patterns of work in the industry, or the part of the industry, in which the Employee works; (g) the nature of the Employee’s role, and the Employee’s level of responsibility; (h) whether the additional hours are in accordance with an averaging arrangement agreed to by the Employer and Employee under clause 59 (Hours of Work); and (i) any other relevant matter.
Appears in 7 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Reasonable Additional Hours. 72.1 52.1 Subject to subclause 72.252.2, an Employer may require an Employee to work reasonable additional hours at the appropriate overtime rate as defined in clause 69(Overtime25 of Section 2 (Overtime) and clause 10 of Section 3 (Overtime) of the Agreement.
72.2 52.2 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:
(a) any risk to Employee health and safety arising from the additional hours;
(b) the Employee's personal circumstances, including family responsibilities;
(c) the needs of the workplace or enterprise in which the Employee is employed;
(d) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours
(e) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it;
(f) the usual patterns of work in the industry, or the part of the industry, in which the Employee works;
(g) the nature of the Employee’s role, and the Employee’s level of responsibility;
(h) whether the additional hours are in accordance with an averaging arrangement agreed to by the Employer and Employee under clause 59 22 of Section 2 and clause 7 of Section 3 (Hours of Work); and
(i) and any other relevant matter.
Appears in 6 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Reasonable Additional Hours. 72.1 (a) Subject to subclause 72.2, the provisions of this clause an Employer may require an Employee to work reasonable additional hours at the appropriate overtime rate rates as defined in clause 69(Overtime) of the Agreementsubclause 45.2.
72.2 (b) An Employee may refuse to work overtime in circumstances hours where they are unreasonable. In determining whether the working of such overtime would result in hours are reasonable or unreasonable, the Employee working hours which are unreasonable having regard tofollowing must be taken into account:
(ai) any risk to Employee employee health and safety arising from the additional hours;
(bii) the Employee's ’s personal circumstances, including family responsibilities;
(ciii) the needs of the workplace or enterprise in which the Employee is employed;
(div) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(ev) the notice (if any) given by the Employer of the overtime and by the Employee of his or her the Employee’s intention to refuse it;
(fvi) the usual patterns of work in the industry, or the part of the industry, in which the Employee works;
(gvii) the nature of the Employee’s role, and the Employee’s level of responsibility;
(hviii) whether the additional hours are in accordance with an averaging arrangement agreed to by the Employer and Employee under clause 59 (Hours of Work)Employee; and
(iix) any other relevant matter.
Appears in 3 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Reasonable Additional Hours. 72.1 63.1 Subject to subclause 72.263.2, an Employer the Company may require an Employee to work reasonable additional hours at the appropriate overtime rate as defined in clause 69(OvertimeClause 59 (Overtime) of the Agreement.
72.2 63.2 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:
(a) any risk to Employee health and safety arising from the additional hours;
(b) the Employee's personal circumstances, including family responsibilities;
(c) the needs of the workplace or enterprise in which the Employee is employed;
(d) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours
(e) the notice (if any) given by the Employer Company of the overtime and by the Employee of his or her intention to refuse it;
(f) the usual patterns of work in the industry, or the part of the industry, in which the Employee works;
(g) the nature of the Employee’s role, and the Employee’s level of responsibility;
(h) whether the additional hours are in accordance with an averaging arrangement agreed to by the Employer Company and Employee under clause 59 51 (Hours of Work); and
(i) and any other relevant matter.
Appears in 1 contract
Samples: Enterprise Agreement
Reasonable Additional Hours. 72.1 52.1 Subject to subclause 72.252.2, an Employer may require an Employee to work reasonable additional hours at the appropriate overtime rate as defined in clause 69(Overtime25 of Section 2 (Overtime) and clause 10 of Section 3 (Overtime) of the Agreement.
72.2 52.2 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:
(a) any risk to Employee health and safety arising from the additional hours;
(b) the Employee's personal circumstances, including family responsibilities;
(c) the needs of the workplace or enterprise in which the Employee is employed;
(d) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours
(e) the notice (if any) given by the Employer of the overtime and by the Employee of his or her intention to refuse it;
(f) the usual patterns of work in the industry, or the part of the industry, in which the Employee works;
(g) the nature of the Employee’s role, and the Employee’s level of QDWXUH RI WKH (PSOR\HH¶V UROH DQG W responsibility;
(h) whether the additional hours are in accordance with an averaging arrangement agreed to by the Employer and Employee under clause 59 22 of Section 2 and clause 7 of Section 3 (Hours of Work); and
(i) and any other relevant matter.
Appears in 1 contract
Samples: Enterprise Agreement