AN170042 – Hairdressing, Health and Beauty Industry Award

4. OVERTIME, SUNDAY WORK AND HOLIDAY WORK

(a) Overtime

(i) For all work performed outside of the hours prescribed in Part IV - Hours of Work, Penalty Payments and Overtime, Clause 1 – Hours of Work, and Clause 3 - Saturday Work and Evening Work hereof, and subject to subclause (v) of this clause, payment shall be made at the rate of time and one half for the first three hours and double time thereafter.

(ii) An employee who is required or recalled to work overtime after a period of one hour from the time fixed for ceasing work, whether or not the employee has been notified before ceasing work, shall receive a minimum payment as for three hours overtime worked.

(iii) 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 having regard to:

(A) any risk to employee health and safety;

(B) the employee’s personal circumstances including any family responsibilities;

(C) the needs of the workplace and 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.

(iv) No trainee under the age of 18 years shall be required to work overtime unless he or she so desires.

(v) In computing overtime each day's work shall stand alone.

(vi) For the purpose of determining the appropriate hourly rate for overtime purposes, the appropriate weekly rates shall be divided by thirty-eight.

(vii) For the purpose of determining overtime entitlements of an employee, any employee who works ten minutes or more past the time fixed for ceasing work shall be paid overtime rate for all time worked after the time fixed for ceasing work.

PROVIDED that this subclause shall not be used to obtain unpaid work from an employee on a regular basis.

(b) Time Off In Lieu of Payment

Where an employee requests and the employer agrees, time off at the penalty equivalent may be allowed in lieu of payment for overtime. Provided that such time off shall be paid at the ordinary rate.

PROVIDED that an employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in this clause, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.

(c) Sunday Work

For all time worked on a Sunday, payment shall be made at the rate of double time with a minimum payment of four hours.

(d) Holiday Work

For all time worked on any of the holidays mentioned in Part V – Holidays with Pay and Leave, Clause 1 – Holidays With Pay, payment shall be made at the rate of double time and one half with a minimum payment of four hours.”