AP806313CRV - National Fast Food Retail Award 2000
The rate of overtime shall be time and one-half for the first two hours on any one day and at the rate of double time thereafter, except on a Sunday which shall be paid for at the rate of double time.
25.1 An employee shall be paid overtime for all work as follows:
25.1.1 In excess of:
25.1.1(a) 38 hours per week; or
25.1.1(b) an average of 38 hours per week in accordance with clause 23 - Hours, of this award;
25.1.1(c) five days per week (or six days or four days pursuant to 23.1.1).
25.1.1(d) In excess of nine hours on any one day. Provided that on one day per week up to eleven hours may be worked without the payment of overtime. Subject to the two preceding paragraphs and by mutual agreement additional days of up to eleven ordinary hours may be worked without the payment of overtime;
25.1.2 Before an employee's regular commencing time on any one day;
25.1.3 After the prescribed ceasing time on any one day;
25.1.4 Outside the ordinary hours of work:
[25.1.4 varied by PR961169 ppc 07Nov05]
25.1.4 Outside the ordinary hours of work:
25.2 Where an employee works overtime on a Sunday and that work is not immediately preceding or immediately following ordinary hours, then that employee must be paid double time with a minimum payment of four hours at such rate.
25.3 Any portion of an hour less than 30 minutes shall be reckoned as 30 minutes and any portion of an hour over 30 minutes shall be reckoned as one hour except where an employee is required to work after closing time to attend to customers then in the shop, or in connection with closing the shop including the checking of cash received, when the time actually worked shall count.
25.4 By mutual agreement the rate for overtime may be time off in lieu of overtime provided that:
25.4.1 Time off shall be calculated at the penalty equivalent;
25.4.2 The employee is entitled to a fresh choice of payment or time off on each occasion overtime is worked;
25.4.3 Time off must be taken within one calendar month of the working of the overtime, or it shall be paid out.
25.5 Reasonable overtime
[25.5 inserted by PR928608 ppc 27Feb03]
25.5.1 An employer may require an employee other than a casual to work reasonable overtime in accordance with the provisions of this clause.
25.5.2 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:
25.5.2(a) any risk to employee health and safety;
25.5.2(b) the employee’s personal circumstances including any family responsibilities;
25.5.2(c) the needs of the workplace or enterprise;
25.5.2(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
25.5.2(e) any other relevant matter.
