AP817693 - Kmart Australia Ltd Award 2002
19.1 Reasonable overtime
[19.1 substituted by PR930951 ppc 14Apr03]
19.1.1 Subject to clause 19.1.2 Kmart may require an employee to work reasonable overtime at appropriate overtime rates other than on public holiday and subject to the savings provisions in this award.
19.1.2 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:
19.1.2(a) any risk to employee health and safety;
19.1.2(b) the employee’s personal circumstances including any family responsibilities;
19.1.2(c) the needs of the workplace or enterprise;
19.1.2(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
19.1.2(e) any other relevant matter.
19.2 An employee shall be entitled to the payment of overtime when:
19.2.1 A permanent employee is required to work before or after their rostered shift, except for a part-time employee who has been offered and has accepted additional hours of work in accordance with clause 10.3.5.
19.2.2 A full-time employee works in excess of 46 hours in any week or in excess of 152 hours in any four week cycle.
19.2.3 A part-time employee works in excess of the hours specified in clause 10.2.3(f).
19.2.4 A casual employee works in excess of 38 hours in any week.
19.2.5 An employee works in excess of five days in any week (or six days in accordance with clause 17.1.4 and clause 17.2.4).
19.2.6 A full-time or part-time employee is required to work a non rostered shift (except for either the circumstances provided for in clause 17.1.12 and clause 17.2.8 or for a part-time employee who has been offered and has accepted additional hours of work in accordance with clause 10.3.5).
19.2.7 A full-time employee works in excess of nineteen days in any four week cycle.
19.2.8 A part-time employee works in excess of twenty days in any four week cycle.
19.2.9 An employee works outside the award span of hours.
19.2.10 An employee works in excess of nine hours (excluding meal breaks) on any shift, provided that an employee may work up to ten and one half hours in accordance with clause 17.1.7 and clause 17.2.7 without the payment of overtime.
19.3 Overtime shall be paid at the following rates:
19.3.1 Monday to Saturday
19.3.1(a) full-time and part-time employees - first two hours 150% and 200% thereafter;
19.3.1(b) casual employees - first two hours at 170% and 220% thereafter.
19.3.2 Sunday
19.3.2(a) full-time and part-time employees - 200%;
19.3.2(b) casual employees - 220%.
19.3.3 Public holiday
19.3.3(a) full-time and part-time employees - 250%;
19.3.3(b) casual employees - 270%.
19.3.4 Each day shall stand alone, i.e. overtime shall be treated on a daily basis and shall be non-cumulative.
19.4 Time off in lieu of overtime
By agreement with Kmart an employee may elect to take time off in lieu of overtime provided:
19.4.1 any such agreement is in writing,
19.4.2 the time off shall be calculated at the overtime equivalent,
19.4.3 the employee shall be entitled to a fresh choice of payment or time off on each occasion overtime is worked;
19.4.4 time off must be taken within 28 days of the working of the overtime, or shall be paid out.
