AN120154 – Concrete Pipe and Concrete Products Factories Consolidated (State) Award
(a) For all work done outside the ordinary starting or ceasing times of work on any one day or shift, Monday to Friday, inclusive, the rate of time and one-half for the first two hours and double time thereafter shall be paid.
(b)
(i) If, on the instructions of the employer, an employee reports for overtime work on a Saturday, the employee shall be paid for a minimum of four hours work at the prescribed rate. In the event of an employee attending for work but not being required, the employee shall be paid the minimum of three hours work at the prescribed rate.
(ii) An employee recalled to work overtime, Monday to Friday, inclusive, after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at the appropriate overtime rate for each time the employee is so recalled.
(c)
(i) 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.
(ii) An employee (other than a casual employee) who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day or shift that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after the completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(iii) If, on the instructions of the employer, such employee resumes work without having had ten consecutive hours off duty, the employee shall be paid at double time rates until the employee is released from duty for such period. Further, the employee shall then be entitled to be absent until they have had ten consecutive hours off duty, without deduction of pay for ordinary working time occurring during such absence.
(iv) 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:
(1) for the purpose of changing shift rosters; or
(2) where a shift is worked by arrangement between the employees themselves.
(d) The rostered day prescribed in paragraphs (a) and (b) of subclause (iii) of clause 3, Implementation of the 38-Hour Week, may be worked where it is required by the employer; in which case, in addition to the payment of any accrual which has not previously been paid, the employee shall be paid time and a half for the first two hours and double time thereafter shall apply.
(e) The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practice of "one in, all in" overtime shall not apply.
(f) Reasonable Overtime
(i) Subject to clause (ii) an employer may require an employee to work reasonable overtime. The method of remuneration for such overtime shall be at overtime rates or as otherwise provided by 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 (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.
