AP784988CRV - Insurance Industry Award 1998
19.1 Overtime need only be paid for if worked by direction of the employer.
19.2 Overtime must be paid for all time worked at the direction of the employer in excess of an employee’s ordinary hours on any day or outside the spread of hours.
19.3 No overtime need be paid to any employee whose job is graded at grade 6 or above.
19.4 Reasonable overtime
[19.4 inserted by PR922124 ppc 30Aug02]
19.4.1 Subject to clause 19.4.2 an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this clause.
19.4.2 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 having regard to:
19.4.2(a) any risk to employee health and safety;
19.4.2(b) the employee’s personal circumstances including any family responsibilities;
19.4.2(c) the needs of the workplace or enterprise.
19.4.2(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
19.4.2(e) any other relevant matter.
19.5 Payment for overtime
[19.4 renumbered as 19.5 by PR922124 ppc 30Aug02]
19.5.1 Overtime must be paid at the rate of time and one half for the first two hours on any day and double time thereafter. However all overtime on Saturdays and Sundays must be paid at the rate of double time with a minimum payment as for three hours work.
19.5.2 The hourly rate for the payment of overtime is to be calculated by dividing the employee’s actual weekly salary by the standard office hours worked in each office of each respondent.
19.5.3 Payment for overtime must be made on or before the next salary date, but overtime worked within one week of a salary date need not be paid for until the following salary date.
19.6 Meal money
[19.5.1 varied by S9276 PR908600; renumbered as 19.6.1 by PR922124 ppc 30Aug02; varied by PR923272; corrected by PR923872; varied by PR937591 PR951638 PR962257 PR975021 PR978586; PR983698 ppc 01Oct08]
19.6.1 If an employee entitled to be paid overtime, under 19.1 is directed to work after his/her normal or agreed hours on a week day for more than 2 hours the employee must be paid a meal allowance of $14.00. No employee will be required to work for more than 5 hours without an unpaid meal break of at least 30 minutes.
[19.5.2 varied by S9276 PR908600; renumbered as 19.6.2 by PR922124 ppc 30Aug02; varied by PR923272; corrected by PR923872; varied by PR937591 PR951638 PR962257 PR975021 PR978586; PR983698 ppc 01Oct08]
19.6.2 If an employee entitled to be paid overtime is directed to work overtime on Saturday, Sunday or a Public Holiday for more than 5 hours, the employee must be paid a meal allowance of $14.00. No employee will be required to work for more than 5 hours without an unpaid meal break of at least 30 minutes.
19.7 Time off in lieu of payment
[19.6 renumbered as 19.7 by PR922124 ppc 30Aug02]
19.7.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
19.7.2 Alternatively, by agreement with the employer, the employee may elect to be paid at ordinary rates for the time worked and take time off at the rate of one half hour or one hour for each hour of overtime worked as the case may be.
19.7.3 An employer must, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in 19.5, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.
