Common use of Reasonable Overtime Clause in Contracts

Reasonable Overtime. (a) In determining whether overtime is "reasonable overtime" for the purposes of subclause 49.1, the following must be taken into account: (i) any risk to Employee health and safety from working the additional hours; (ii) the Employee's personal circumstances, including family responsibilities; (iii) the needs of the workplace or enterprise in which the Employee is employed; (iv) 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; (v) any notice given by the Employer of any request or requirement to work the additional hours; (vi) any notice given by the Employee of their intention to refuse to work the additional hours; (vii) the usual patterns of work in the industry, or the part of an industry, in which the Employee works; (viii) the nature of the Employee's role, and the Employee's level of responsibility; and (ix) any other relevant matter. (b) An Employee may refuse to work overtime, if the request is unreasonable.

Appears in 6 contracts

Samples: Enterprise Agreement, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024

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Reasonable Overtime. (a) In determining whether overtime is "reasonable overtime" for the purposes of subclause 49.1, the following must be taken into account: (i) any risk to Employee health and safety from working the additional hours; (ii) the Employee's ’s personal circumstances, including family responsibilities; (iii) the needs of the workplace or enterprise in which the Employee is employed; (iv) 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; (v) any notice given by the Employer of any request or requirement to work the additional hours; (vi) any notice given by the Employee of their his or her intention to refuse to work the additional hours; (vii) the usual patterns of work in the industry, or the part of an industry, in which the Employee works; (viii) the nature of the Employee's ’s role, and the Employee's ’s level of responsibility; and; (ix) any other relevant matter. (b) An Employee may refuse to work overtime, if the request is unreasonable.

Appears in 5 contracts

Samples: Nurses and Midwives (Victorian Public Health Sector) (Single Interest Employers) Enterprise Agreement 2016 2020, Enterprise Agreement, Enterprise Agreement

Reasonable Overtime. (a) In determining whether overtime is "reasonable overtime" for the purposes of subclause clause 49.1, the following must be taken into account: (i) any risk to Employee health and safety from working the additional hours; (ii) the Employee's personal circumstances, including family responsibilities; (iii) the needs of the workplace or enterprise in which the Employee is employed; (iv) 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; (v) any notice given by the Employer of any request or requirement to work the additional hours; (vi) any notice given by the Employee of their intention to refuse to work the additional hours; (vii) the usual patterns of work in the industry, or the part of an industry, in which the Employee works; (viii) the nature of the Employee's role, and the Employee's level of responsibility; and (ix) any other relevant matter. (b) An Employee may refuse to work overtime, if the request is unreasonable.

Appears in 2 contracts

Samples: Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028, Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028

Reasonable Overtime. (a) In determining whether overtime is "reasonable overtime" for the purposes of subclause clause 49.1, the following must be taken into account: (i) any risk to Employee health and safety from working the additional hours; (ii) the Employee's personal circumstances, including family responsibilities; (iii) the needs of the workplace or enterprise in which the Employee is employed; (iv) 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; (v) any notice given by the Employer of any request or requirement to work the additional hours; (vi) any notice given by the Employee of their intention to refuse to work the additional hours; (vii) the usual patterns of work in the industry, or the part of an industry, in which the Employee works; (viii) the nature of the Employee's role, and the Employee's level of responsibility; and (ix) any other relevant matter. (b) An Employee may refuse to work overtime, if the request is unreasonable.

Appears in 1 contract

Samples: Nurses and Midwives (Victorian Public Sector) Single Interest Employer Agreement 2024 2028

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Reasonable Overtime. (ai) In determining whether overtime is "reasonable The Employer may request or require an Employee to work additional hours as overtime" for . (ii) An Employee may refuse to work additional hours if they are unreasonable. (iii) For the purposes of subclause 49.1, the following must clause 10.2(c)(ii) what is unreasonable or otherwise will be taken into accountdetermined having regard to: (iA) any risk to Employee Employee’s health and safety from working the additional hourssafety; (iiB) the Employee's ’s personal circumstances, circumstances including any family responsibilities; (iiiC) the needs of the workplace or enterprise in which the Employee is employedenterprise; (ivD) 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; (vE) any notice given by the Employer of any request or requirement to work the additional hours; (viF) any notice given by the Employee of their his or her intention to refuse to work the additional hours; (viiG) the usual patterns of work in the industry, or the part of an industry, in which the Employee works; (viiiH) the nature of the Employee's ’s role, and the Employee's ’s level of responsibility; and (ixI) any other relevant matter. (b) An Employee may refuse to work overtime, if the request is unreasonable.

Appears in 1 contract

Samples: Early Learning Agreement

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