AP806816CRV - Hairdressing and Beauty Services - Victoria - Award 2001
[30.1 substituted by PR927946 ppc 12Mar03]
30.1 An employer may require an employee to work reasonable overtime at overtime rates and the employee must work overtime upon the request of an employer subject to the following:
30.1.1 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:
30.1.2(a) any risk to employee health and safety;
30.1.2(b) the employee's personal circumstances including any family responsibilities;
30.1.2(c) the needs of the workplace or enterprise;
30.1.2(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
30.3.2(e) any other relevant matter.
30.2 The rate of time and a half for the first three hours and double time thereafter must be paid in any week to full-time or part-time employees for all overtime performed:
30.2.1 outside the ordinary times of beginning and ending work, as set out in 23.2, except Sunday where the rate is to be double time for all time worked. However treble time is to be paid for work commenced before the ordinary time of beginning work as set out in 23.2;
30.2.2 within the hours fixed as the ordinary times of beginning and ending work as set out in 23.2 and in excess of 38 hours per week;
30.2.3 within the ordinary times of beginning and ending work as set out in 23.2 of this Part but in excess of nine hours on any day of the week, except for two days where an employee works in excess of 10.5 hours.
30.3 The rate of double time must be paid to full-time employees for all overtime performed on a day that an employee is not rostered to work under 24.
30.4 Where it is mutually agreed between the employer and the full-time or part-time employee, instead of the overtime payment set out in this clause, the employee may be granted time off at the appropriate overtime rate for the time worked. Time off in lieu must equate to the overtime rate i.e. if the employee works one hour overtime and elects to take time off in lieu of payment the time off would equal one and a half hours or, where the rate of pay for overtime is double time, two hours.
30.5 Where an employee is required by her or his employer to attend any function or training night either at the employer's place of employment or elsewhere the time spent, including all time between normal rostered ceasing of work and the commencement of such function or training night, is to be counted as overtime and the appropriate overtime must be paid by the employer to the employee.
30.6 However, where an employee is invited to attend any function or training night by her or his employer and can freely choose whether she or he attends the function or training night and the employee chooses to attend voluntarily then the attendance is not to be counted as overtime to be paid by the employer to the employee.
30.7 Apprentices, juniors and trainees and hairdressing graduates must receive overtime payments according to their relevant percentage of the qualified or adult rate.
