As we approach harvest season and a generally busy period for all, we want to remind members of the requirements of the Vehicle Repair, Services and Retail Award 2020 (the Award) in relation to standing by and call-backs.
Standing by
This is an arrangement where the employer regularly requires an employee to hold themselves in readiness for a call-back. During a period of ‘standing by’, an employee is paid at ordinary rates for the whole period.
Note: employees in a garage, engaged as the driver of a tow or repair vehicle or the assistant to such a driver are excluded from the standing by provisions contained within the Award, therefore no “standing by” payment is required in these scenarios.
Call-back
This is where an employee is recalled to work overtime after having left the workplace for the day. Under the Award there are two separate scenarios for a call-back:
Call-back (general)
Call-back (breakdowns etc.)
Note: Where, by mutual agreement, an employee is rostered to make themselves available outside normal working hours to be called upon for breakdown, accident or roadside service work, they will be paid at the rate of double time for the period recalled, provided that in the case of each call-back the employee will be paid for at least a period of one hour at double time.
Rest Periods Between Shifts
Where an employee works 3 actual hours or more for a recall, Clause 24.12 of the Award provides for a 10-hour rest period without loss of pay after employees perform the overtime work.
What if an employer requires the employee to resume work without a 10-hour break?
If the employer instructs the employee to resume work without having had a 10 consecutive hour rest period, the employee must be paid at the rate of double time until the employee is released from duty for such a consecutive period.
What if ordinary hours fall during the 10-hour rest period being provided?
Ordinary hours of work that fall during the 10-hour rest period following overtime that the employee would normally work will count as time worked and must be provided for with no loss of pay at the employee’s ordinary rate of pay.
Given the WHS risk of employees working excessive hours, please be sure to monitor this closely and take measures to reduce this risk where necessary.
For more assistance in this area, or if you have any questions relating to this, please contact the MTA Workplace Relations Team on (08) 8291 2000 or email wr@mtasant.com.au