AN120399 – Oyster Farms, &c. (State) Award
(i) All time worked in excess of the hours prescribed in clause 1, Hours, of this award, shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.
(ii) Double time shall be paid for all work performed on Sundays and the rate of double time and one-half shall be paid for all work performed on holidays as prescribed by clause 5, Holidays.
(iii) Employees required to work during their fixed meal breaks shall be paid at overtime rates until they receive a meal break of the usual period.
(iv) 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) above, what is unreasonable or otherwise will be determined having regard to:
(i) any risk to employee health and safety;
(ii) the employee's personal circumstances including any family and carer responsibilities;
(iii) the needs of the workplace or enterprise
(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
