AN120187 – Dry Cleaning (State) Award
All time worked by a weekly employee in excess of 38 hours in a week or in excess of his/her normal number of daily hours or outside the daily limits prescribed in clause 19 - Hours of Work will be paid for at the rate of time and a half for the first three hours and double time thereafter. Each day will stand alone for the purpose of calculating overtime and any overtime worked on any day of the week will be paid for on a daily basis.
20.1 Requirement to work reasonable overtime
20.1.1 Subject to paragraph 20.1.2 an employer may require an employee to work reasonable overtime. The method of remuneration for such overtime shall be at overtime rates or by agreement in accordance with subclause 20.4, Time Off in Lieu.
20.1.2 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.
20.1.3 For the purposes of paragraph 20.1.2 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.
An employer may require any employee to work reasonable overtime at overtime rates and such employee will work overtime in accordance with such requirements.
20.2 Overtime Meal break
Notwithstanding anything contained in this award, employees required to work for longer than one and a half hours after the usual ceasing time will be allowed not less than 30 minutes meal break. This provision will not apply to employees on any day where there is an early ceasing time, unless a total of five and a half hours or more inclusive of overtime is to be worked following the midday meal break.
20.3 Overtime Rest period
An employee other than an employee subject to 20.2 who is required to work overtime for more than one hour beyond the ordinary ceasing time on any day, other than on a working day of less than eight hours, will be entitled to a rest period of ten minutes paid for at the appropriate rate.
20.4 Time Off In Lieu
20.4.1 An employer and an employee may agree that the employee will take time off in lieu of payment for all or some overtime worked.
20.4.2 The agreement will:
(a) provide for the time off in lieu of overtime to be taken in the normal working hours of the employee;
(b) provide for the time off to be taken to be calculated as "value time" i.e. if an employee works for 1 hour at time and half penalty rates, he/she will be entitled to take one and a half hours off in lieu;
(c) be in writing; and
(d) provide for the time off in lieu of overtime to be taken within a period of 2 months of the date on which the overtime is worked.
