AN140062 – Clay Products Industry Award - State 2003
6.6.1 All time worked before the ordinary starting time or after the ordinary ceasing time, or outside the ordinary working hours, or in excess of 38 hours per week, shall be deemed to be overtime.
6.6.2 All overtime, except as hereinafter provided shall be paid for at one and a-half times for ordinary rate of the first 3 hours and double time thereafter:
Provided that if employees are called upon to work overtime on Saturday they shall be paid at one and a-half times the ordinary rate for the first 3 hours and double time thereafter, with a minimum of 3 hours' work or payment therefore.
6.6.3 Overtime worked by shift workers shall be paid for at the rate of double time.
6.6.4 Except in the case of continuous shift workers for whom Sunday work is a rostered ordinary shift, all time worked on Sundays shall be deemed to be overtime and shall be paid for at the rate of double time, with a minimum of 3 hours' work or payment therefore.
6.6.5 Any employee who is required to continue working for more than 2 hours after the ordinary ceasing time shall be allowed 30 minutes for a meal after the first 2 hours worked and, also, 30 minutes after each further 4 hours worked.
6.6.6 Any employee called upon to work overtime for more than 2 hours after the ordinary ceasing time, shall be paid an allowance of $9.60 for a meal, or shall be supplied by the employer with a reasonable meal in lieu of such payment, in respect of each meal break allowed during such overtime as provided for in clause 6.6.5.
6.6.7 Where an employee has provided themselves with customary meals after receiving notice to work certain overtime the employee shall be paid the relevant meal allowance of $9.60 for each meal so provided in the event that the overtime work is not performed or ceases before the notified time of conclusion of work where such time of conclusion would, but for the giving of prior notice, have involved payment of one or more meal allowances.
6.6.8 All time worked by employees during their ordinary meal period shall be paid for at the rate of double time. Where an employee is called upon to work during their ordinary meal period the employee shall, if a day worker, be allowed a break in the employer's time of not less than 30 minutes nor more than one hour, or if a shift worker, one-half hour break after the completion of such work. Until such break is allowed the employee shall be paid at the rate set out herein.
6.6.9 An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of ordinary work on the next day that the employee has not at least 10 consecutive hours off duty between those times, shall, subject to clause 6.6.9, be released after completion of such overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If on the instructions of their employer such an employee resumes or continues work without having had such 10 consecutive hours off duty the employee shall be paid double rates until released from duty for such period and shall then be entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence:
Provided that where an employee is recalled to work overtime and works not more than 2 hours' overtime, clause 6.6.9 shall not apply.
The provisions of clause 6.6.9 shall apply in the case of shift workers who rotate from one shift to another as if 8 hours were substituted for 10 hours when overtime is worked:
(a) for the purpose of changing shift rosters; or
(b) where a shift worker does not report for duty; or
(c) where a shift is worked by arrangement between the employees themselves.
6.6.10 Where an employee is called out after the employee has completed their shift and has actually left the job, the employee shall be paid for a minimum of 4 hours at the rate of time and a-half, and at the rate of double time for the time worked after 4 hours.
6.6.11 An employee who is required to return to perform overtime between 12.01 a.m. Monday and midnight Friday (other than on public holidays) which work does not continue after their normal starting time, shall be entitled to a 30 minute crib break after the completion of each 4 hours of overtime worked and no deduction of pay shall be made in respect thereof:
Provided that an employee who is required to report back to work to perform overtime more than 2 hours but less than 4 hours prior to their ordinary starting time shall be allowed 30 minutes crib break at their ordinary starting time for which the employee shall be paid at ordinary rates.
