AP782505CR - Graphics Arts - General - Award 2000
6.4.1 Requirement to work reasonable overtime
[6.4.1 substituted by PR923296 pp 29Oct02]
6.4.1(a) Subject to clause 6.4.1(b) an employer may require an employee to work reasonable overtime at overtime rates.
6.4.1(b) 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:
6.4.1(b)(i) any risk to employee health and safety;
6.4.1(b)(ii) the employee's personal circumstances including any family responsibilities;
6.4.1(b)(iii) the needs of the workplace or enterprise;
6.4.1(b)(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
6.4.1(b)(v) any other relevant matter.
All overtime earnings of an employee will be paid in full at the rate of time and one half for the first three hours and double time thereafter.
6.4.3 Overtime work on a Saturday or a Sunday
6.4.3(a) Except as otherwise provided, double time will be paid for all overtime work done on a Saturday or on a Sunday.
6.4.3(b) A weekly employee who has been notified that the employee will be required to work overtime on a Saturday (not being work which is continuous with work which commenced on a Friday) or on a Sunday and so report for work and is ready willing and able to perform such work will be provided on a Saturday with at least two hours work or at least two hours pay at double time or on a Sunday with at least four hours work or at least four hours pay at double time.
6.4.3(c) Except as otherwise provided in 6.1 - Hours of work or 6.2 - Special provisions for shiftwork employees, the provisions of this subclause will apply to a shift work employee provided that a shift work employee required to work overtime on a Saturday immediately after the finishing time of their ordinary working hours which commenced on a Friday will be paid in accordance with 6.4.2.
6.4.4 Work on a rostered day off
Work on a rostered day is overtime and is paid at time and one half for the first three hours and double time thereafter.
6.4.5 Work on a public holiday
An employee required to work on a public holiday will be paid pursuant to 7.5.8.
6.4.6 Meal period during overtime
6.4.6(a) An employee will not work overtime for longer than five hours without a meal period of half an hour.
6.4.6(b) Despite 6.4.6(a) where an employee working overtime can complete their work within three hours after their ordinary finishing time they may continue to work for that period without a break for a meal provided that they do not work for more than six and a half hours from their previous meal break.
6.4.6(c) Where overtime is worked before the ordinary hour of commencing work and such overtime is of one and a half hours or more the employee will, within five hours of the commencement of such overtime, be required to take a meal period of half an hour without deduction of pay. Nothing in this subclause will in any way affect the taking by the employee of their ordinary meal period prescribed by this award.
An employee who has worked overtime will be informed that they are entitled to and be granted a break of at least ten hours between the time of finishing work and the time when they next commence work, and no deductions will be made from their pay because of any time lost by reason of such break. Where the employee is required to work before they have completed the break of ten hours they will be paid double time for all time worked until they have had a break of at least ten hours.
6.4.8 Thirty six hour break
[6.4.8(a) corrected by S2976 from 01Feb00]
6.4.8(a) An employee who is required to work more than six consecutive days if a day work employee, or six consecutive shifts if a shift work employee, without a clear interval from work of 36 hours after the sixth day or shift, must be paid double for all work performed after the sixth day or shift until the employee has had such clear interval of 36 hours. If an employee is stood off for any period during the ordinary working week in order to allow a 36 hour break there will be no reduction in their weekly wage.
[6.4.8(b)(i) corrected by S2976 from 01Feb00]
6.4.8(b)(i) Despite 6.4.8(a), an employer and the majority of employees in the workplace or a section or sections of the workplace, may agree to a break of ten hours. Where this agreement is made an employee may not work more than thirteen consecutive days without a minimum break of 36 hours before the employee’s next days work or shift. Such an agreement must be recorded in the Time and wages book. This is not subject to 2.3 Faciliation.
[6.4.8(b)(ii) varied by S4010 from 01Feb00]
6.4.8(b)(ii) An employer will not insist on the employee working where the employee discloses that the employee is not free to work and discloses a good reason for the inability to work.
[6.4.8(c) varied by S4010 from 01Feb00]
6.4.8(c) The provisions of 6.4.8 will not apply where an agreement has been reached pursuant to 6.1.1(d)(i), 6.1.2(d)(i) or 6.1.3(f)(i) to introduce a seven day shift operation.
6.4.9 Time off in lieu of payment for overtime
6.4.9(a) Despite 6.4.2 an employee may choose, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed by the employer. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime. This agreement is subject to Level 1 Facilitation.
6.4.9(b) If an employee takes time off instead of payment for overtime then the amount of time off during ordinary hours will be taken at ordinary time rate, that is an hour for each hour worked.
6.4.9(c) If requested by an employee, an employer must within one week of receiving a request pay the employee for any overtime worked. The employee must be paid at overtime rates.
6.4.10 Limitation of overtime
No employee under sixteen years of age will be employed on overtime. No employee under seventeen years of age will be employed on overtime in any event before 7.00 a.m. or later than 9.00 p.m. on any working day.
