AN120179 – Dental Assistants and Secretaries (State) Award

4. OVERTIME AND EVENING MEAL MONEY

(i) Subject to subclause (iii) of this clause, all time worked in excess of 40 hours per week shall be paid for at the overtime rates hereinafter prescribed.

(ii) Work done in excess of 40 hours per week or before the fixed starting time, or after the fixed finishing time, Monday to Friday inclusive, shall be paid for at the rate of double time in addition to the weekly salary actually paid. Subject to subclause (iii) of this clause, work done after noon on any Saturday shall be paid for at the rate of double time in addition to the weekly salary actually paid. In any case, any portion of an hour of 30 minutes or less shall be reckoned as 30 minutes and any portion of an hour above 30 minutes shall be reckoned as an hour.

(iii) Ordinary rates shall be payable for time worked within 30 minutes after the normal finishing time, but such time worked will be included for the purposes of calculating weekly overtime as provided by subclause (ii) of this clause.

If work continues for more than 30 minutes after the normal ceasing time, remuneration shall be payable at the rate of time and a quarter for the whole of the time worked after the normal finishing time.

(iv) Employees required to work for more than one hour after their ordinary ceasing time, Monday to Friday inclusive, shall be paid not less than an amount as set out in Item 2 of Table 2, Part B - Monetary Rates for evening meal money in addition to any overtime to which they may be entitled under the provisions herein before contained. If overtime exceeds five hours on any shift, a further meal allowance of the same amount shall be paid.

(v) No employee shall be required to work for more than five hours without a 20 minute paid crib break; provided that the morning and afternoon tea breaks shall not be breaks for the purposes of this subclause.

(vi) Reasonable Overtime

(a) Subject to paragraph (b) below, 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) 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 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.