AN120020 – Animal Welfare, Institutional (State) Award

6. OVERTIME, MEAL ALLOWANCE, CRIB AND REST BREAKS

(i) For all work done outside ordinary hours, the rate of pay shall be time and a half for the first two hours and double time thereafter. In computing overtime, each day's work shall stand alone. Overtime worked on a Sunday shall be paid for at the rate of double time, and on a holiday at the rate of double time and a half.

(ii) Meal Allowances - Where an employee is required to work overtime in excess of one hour on any day or shift, the employee shall be paid not less than that set out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for a meal, unless such notice has been given to such employee on or before the termination of the previous day's work.

Any employee required to work four or more hours overtime after the completion of a normal shift shall be paid the further sum set out in the said Item 3 for each four hours of overtime worked.

If an employee, pursuant to notice, has provided a meal or meals and is not required to work overtime, such employee shall be paid an amount as set out in Item 3 for the first meal, and an amount as also set out in Item 3 for the second or subsequent meals provided.

(iii) Crib Breaks - An employee required to work overtime in excess of two hours shall be granted a paid crib break of 20 minutes, such crib break to be taken at the conclusion of ordinary time worked and prior to commencing overtime. A further 20-minute paid crib break shall be granted after each four hours of overtime worked; provided that the employee is required to continue working beyond such crib break. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand, provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

(iv) All employees shall be allowed and shall take a break of 10 minutes for tea between 9.30 a.m. and 10.30 a.m.

(v) Where overtime or extra shifts are required to be worked, the employer shall give preference for such work to employees covered by the terms of this award.

(vi) (a) Subject to paragraph (b) of this subclause, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

(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.

(c) For the purposes of paragraph (b) of this subclause, what is unreasonable or otherwise will be determined having regard to:

(1) any risk to employee health and safety;
(2) the employee's personal circumstances including any family and carer's responsibilities;
(3) the needs of the workplace or enterprise;
(4) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(5) any other relevant matter.