AN120089 – Building and Construction Industry (State) Award
29.1 All time worked beyond an employees ordinary time of work (inclusive of time worked for accrual purposes as prescribed in clauses 27.1 and 30.9 of this award), Monday to Friday, shall be paid for at the rate of one and a half time ordinary rates for the first two hours and at double time thereafter.
29.2 An employee recalled to work overtime after leaving the employers 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. Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period.
29.3 Subclause 29.2 hereof shall not apply in cases where it is customary for an employee to return to the employers premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
29.4 If an employer requires an employee to work during the time prescribed by clause 28.1 of this award for cessation of work for a meal break, the employee shall be paid for 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 meal break. If the cessation time is shortened at the request of the employee to the minimum of 30 minutes prescribed in clause 27 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.
29.5 No employee under the age of eighteen years shall be required to work overtime or shift work unless the employee so desires.
29.6 No apprentice or trainee shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent the employees attendance at a training facility, as required by any statute, award or regulation.
29.7 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 pay the cost of, or provide, transport to the employees home or to the nearest public transport.
29.8 (a) An employee who works so much overtime:
(i) between the termination of the employees ordinary work day or shift, and the commencement of the employees ordinary work in the next day or shift that the employee has not had at least ten consecutive hours off duty between these times; or
(ii) on Saturdays, Sundays and holidays, (not being ordinary working days) or on a rostered day off, without having had ten consecutive hours off duty in the 24 hours preceding the employees ordinary commencing time on the next ordinary day or shift, shall subject to this subclause 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 instructions 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 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 subclause 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 a shift worker is required to replace such shift worker; or
(iii) Where a shift is worked by arrangement between the employees themselves.
29.9 (a) (i) Subject to paragraph (ii) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.
(ii) 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.
(iii)For the purposes of paragraph (ii) what is unreasonable or otherwise will be determined having regard to:
(a) any risk to employee health and safety;
(b) the employee's personal circumstances including any family and carer responsibilities;
(c) the needs of the workplace or enterprise;
(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and,
(e) any other relevant matter.
(b) An employee who has worked continuously (except for meal and crib times allowed by this award) for twenty hours shall not be required to continue at or commence work for at least twelve hours.
29.10 All work performed on any of the holidays prescribed in clause 36, Public Holidays and Holiday Work, or substituted in lieu thereof, shall be paid for at the rate of double time and a half.
29.11 The provisions of 29.4 and 29.8 hereof shall apply in respect of work on a holiday.
29.12 An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.
29.13 All work performed on a Saturday or a Sunday shall be paid in accordance with clause 31, Weekend Work of this award.
