Hobart Day Surgery Pty Ltd

[2013] FWCA 527

[2013] FWCA 527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Hobart Day Surgery Pty Ltd
(AG2013/4251)

HOBART DAY SURGERY PTY LTD NURSES AGREEMENT 2011

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 12 FEBRUARY 2013

Application by Hobart Day Surgery Pty Ltd to vary to remove an ambiguity or uncertainty.

A. Pursuant to s.217 of the Fair Work Act 2009 (the Act), the Hobart Day Surgery Pty Ltd Nurses Agreement 2011 is varied as follows:

1. By inserting a new clause 20(i) as follows:

(i) On Call and Call Back

(i) On call allowance

The rate for being on call shall be $3.50 per hour Monday to Friday and $4.50 per hour Saturdays, Sundays and public holidays.

(ii) Call Back

An employee recalled to work overtime after leaving his/her employer’s premises (whether notified before or after leaving such premises) shall be paid at the appropriate overtime rate applicable to his/her salary:

(A) For the first recall a minimum payment of four (4) hours work; and

(B) For each subsequent recall a minimum payment of three hours worked.

Provided always that time reasonably spent in getting to and from work shall be regarded as time worked.

Provided further than an employee who is recalled to work within two hours of his or her normal starting time shall be paid at overtime rates with a minimum payment of three hours at double time and then would be paid at ordinary rates for that shift.

(iii) 8 hour Break

An employee shall be entitled to an eight hour break immediately following the cessation of call back duty without loss of pay, prior to be required to commencing their normal rostered shift. If the employee, on the instructions of the employer resumes or continues work without having had such eight consecutive hours off duty, the employee shall be paid at double time until released from duty for such period, and shall then be entitled to be absent until he/she has eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive days.

B. This variation shall operate from 12 February 2013.

C. The consolidated version of the Hobart Day Surgery Pty Ltd Nurses Agreement 2011, as varied, is attached to this decision.

COMMISSIONER

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