AN160222 – Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection), Industry Award No. 29 of 1980
(1) (a) Subject to the provisions of this subclause, all work done beyond the ordinary working hours on any day, Monday to 12 noon Saturday, inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with Clause 8. - Hours.
(b) (i) Overtime done on Saturdays after 12.00 noon or on Sundays shall be paid for at the rate of double time.
(ii) Overtime done on any day prescribed as a holiday under this award shall be paid for at the rate of double time and a half.
(c) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this subclause.
(2) (a) (i) An employee required to work overtime for more than two hours, without being notified on the previous day or earlier that the employee will be so required to work, shall be supplied with a meal by the employer or be paid $8.60 for a meal and if, owing to the amount of overtime worked, a second or subsequent meal is required, the employee shall be supplied with each such meal by the employer or be paid $5.90 for each meal so required.
(ii) No such payments need be paid to employees living in the same locality as their workshops who can reasonably return home for such meals.
(iii) If an employee in consequence of receiving such notice has provided himself/herself with a meal or meals and is not required to work overtime, or is required to work less overtime than notified, the employee shall be paid the amounts above prescribed in respect of the meals not required.
(b) (i) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.
(ii) No organisation party to this award, or employee or employees covered by this award, shall in any way, directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
(3) The provisions of this clause do not operate so as to require payment of more than double time rates, or double time and a half on a holiday prescribed under this award, for any work performed.
(4) (a) When overtime is necessary it shall, wherever reasonably practicable, be so arranged that workers have at least ten (10) consecutive hours off duty between the work of successive days.
(b) A worker who works so much overtime between the termination of his/her ordinary time work on one day or rostered shift and the commencement of his/her ordinary time on the next day or rostered shift, that he/she has not had at least ten (10) consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he/she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c) If, on the instructions of his or her employer, such a worker resumes or continues work without having had such ten (10) consecutive hours off duty, he/she shall be paid at the rate of double time until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(d) The provisions of this subclause may be read substituting eight (8) hours for ten (10) hours where it is mutually agreed to do so by an employer and employee.
