AN120152 – Community Pharmacy (State) Award 2001
23.1 An employee shall be paid overtime for all work:
23.1.1 in excess of 12 hours per day or an average of 38 hours per week in accordance with Clause 19 - Hours of Work;
23.1.2 performed outside rostered hours.
23.2 Overtime shall be paid for as follows:
23.2.1 Monday to Saturday inclusive
23.2.2 At time and a half for the first two hours and double time thereafter.
23.2.3 In computing overtime, less than 30 minutes shall be reckoned as 30 minutes and more than 30 minutes shall be reckoned as an hour.
23.2.4 Provided that where an employee is required to work after closing time to attend to customers then in the pharmacy only time actually worked shall count.
23.3 All overtime on Sunday shall be paid at the rate of double time.
23.4 Where an employee is working overtime in ordinary hours which attract a penalty rate then the higher of the overtime or penalty rate applies to all such hours.
23.5 Time Off in Lieu of Payment for Overtime
23.5.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
23.5.2 Overtime taken as time off during ordinary time hours shall be taken at the overtime rate.
23.5.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked where such time has not been taken within four weeks of accrual.
23.6 Reasonable Overtime
23.6.1 Subject to paragraph 23.6.2 an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for in this award.
23.6.2 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.
23.6.3 For the purposes of paragraph 23.6.2 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.
