AN120130 – Clerical and Administrative Employees in Temporary Employment Services (State) Award

12. OVERTIME AND MEAL ALLOWANCE

(i) All time worked —

(a) outside the ordinary hours of work prescribed by clause 6, Hours; and/or

(b) in excess of eight hours on any day; and/or

(c) in excess of 38 hours in any week,

shall be overtime and shall be paid for at the rate of time and one-half for the first two hours and double time thereafter: Provided that overtime at the rate of double time shall be paid for all time worked after 12 noon on a Saturday: Provided further that in computing overtime each day's work shall stand alone.

(ii) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. An employee other than an hourly temporary employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had ten consecutive hours off duty, without loss of pay, for ordinary working time occurring during such absence. If on the instructions of the employer such an employee resumes or continues work without having had such ten consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she then shall be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) An employee working overtime shall be paid a meal allowance in any of the following circumstances:

(a) When required to work beyond 6.00 p.m. — as set in Item 3 of Table 2 — Other Rates and Allowances of Part B, Monetary Rates.

(b) If overtime continues beyond 10.00 p.m — as set in Item 4 of the said Table 2.

(c) Where the union agrees, an employer may supply his/her employees with a suitable meal, in which case the allowance set out in paragraphs (a) and (b) of this subclause shall not be payable.

(d) Meal allowances shall be paid not later than the next succeeding working day, except by mutual arrangement.

(iv) This clause shall apply to all employees.

(v) In computing overtime, any portion of an hour of less than 30 minutes shall be reckoned as 30 minutes and any portion in excess of 30 minutes shall be reckoned as one hour.