AN150029 – Carpenters & Joiners (General) Award 1993

CLAUSE 19. OVERTIME AND SPECIAL TIME

#OPDATE 14:01:93 1st pp on or after

19.1 All time worked beyond the ordinary time of work, inclusive of time worked for accrual purposes as prescribed in Clause 17, shall be paid for at the rate of one and a half times ordinary rates for the first two hours thereof and at double time thereafter.

19.2 An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled; provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job he was recalled to perform is completed within a shorter period.
This sub-clause shall not apply in cases where it is customary for an employee to return to the employer's premises to perform a specific job outside the ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

19.3 If an employer requires an employee to work during the time prescribed by Clause 18 of this Award for cessation of work for the purpose of a meal, the employer shall allow the employee whatever time is necessary to make-up the prescribed time of cessation, and the employee shall be paid at the rate of double time for the period worked between the prescribed time of cessation and the beginning of the time allowed in substitution for the prescribed cessation time; provided, however, that the employer shall not be bound to pay in addition for the time allowed in substitution for the prescribed cessation time; and provided also that if the cessation time is shortened at the request of the employee to the minimum of 30 minutes prescribed in Clause 18 of this Award or to any other extent (not being less than 30 minutes) the employer shall not be required to pay more than the ordinary rates of pay for the time worked as a result of such shortening, but such time shall form part of the ordinary working time of the day.

19.4 Overtime work performed by shift workers employed on the second or third shifts of a day when two or three shifts are worked shall be paid for at twice the ordinary rates of payment.

19.5 No apprentice under the age of 18 years of age shall be required to work overtime or shift work unless the employee so desires. No apprentice shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent attendance at Technical School, as required by any statute, award or regulation applicable to the employee.

19.6 When an employee, after having worked overtime and/or a shift for which the employee has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide the employee with conveyance to the employee's home or to the nearest public transport.

19.7 An employee who works so much overtime -

(a) (i) between the termination of the employee's ordinary work on on one day or shift, and the commencement of the employee's ordinary work in the next day or shift that the employee has not at least ten consecutive hours off duty between these times;

(ii) or on Saturday, Sundays or holidays, not being ordinary working days or on a rostered day off, without having had ten consecutive hours off duty in the twenty four hours preceding the employee's next ordinary day or shift shall, subject to this sub-clause be released after completion of such overtime until the employee has had ten hours off duty without loss of pay for ordinary working time occurring during such absence.

(b) If on the instruction of the employer, such an employee resumes or continues to work without having had such ten consecutive hours off duty the employee shall be paid at double rates until the employee is released from duty for such period and the employee shall then be entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) The provisions of this sub-clause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

(i) For the purpose of changing shift rosters;

or

(ii) Where a shift worker does not report for duty and a day worker or shift worker is required to replace such shift worker; or

(iii) Where a shift worker is worked by arrangement between the employees themselves.

19.8 An employer may require any employee to work reasonable overtime at overtime rates and such employee work overtime in accordance with such requirement except as provided for in sub-clause 19.5.

19.9 An employee who has worked continuously (except for meal or crib times allowed by this award) for 20 hours shall not be required to continue at or recommence work for at least 12 hours.