AP818787CRV - Clerks (Road Transport Industry) Award 2002
25.1 Payment for working overtime
25.1.1 An employee will be paid overtime at the rate of time and a half for the first two hours and double time thereafter for all time worked:
25.1.1(a) in excess of the employee’s ordinary hours per day or per week;
25.1.1(b) before the normal commencement time on any day; or
25.1.1(c) after the normal finishing time on any day.
25.1.2 In computing overtime for an employee each day’s work stands alone.
25.2 Saturday work
A shift worker will be paid for a minimum of four hours work when required to work on a Saturday except when overtime is continuous with the employee’s regular shift hours.
25.3 Sunday and holiday work
The rates set out in clause 24 - Saturday, Sunday and public holiday rates, will apply to employees working overtime on a Sunday or public holiday.
25.4 Special rates not cumulative
The penalty rates prescribed in this clause are in substitution for and not cumulative on the shift allowances prescribed in 22.3.4.
25.5 Meal allowance
A shift worker required to work overtime in excess of one hour on any shift will be paid a meal allowance as prescribed in 18.1. If overtime exceeds five hours on any shift a further meal allowance will be paid.
25.6 Rest break
25.6.1 An employee working overtime will be allowed a crib time of twenty minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib break.
25.6.2 Unless the period of overtime is less than one and a half hours an employee before starting overtime after working ordinary hours will be allowed a meal break of twenty minutes which will be paid for at ordinary rates. An employer and the employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer will not be required to make any payment of any time allowed in excess of twenty minutes.
25.7 Rest period after overtime
25.7.1 An employee after the completion of overtime work performed on the specific instruction of the employer, after the usual ceasing time will be entitled to be absent, until the employee has had ten consecutive hours off duty without deduction of pay for ordinary time of duty occurring during such absence.
25.7.2 If on the instructions of the employer, an employee resumes work without having had ten consecutive hours off duty, the employee will be paid at the rate of double time until the employee is relieved from duty. The employee will then be entitled to be absent until the employee has had ten consecutive hours off duty without deduction of pay for ordinary time off duty occurring during the absence.
25.8 Return to duty
Where an employee is required to return to duty after the employee’s usual finishing time for that day the employee is entitled to be paid at the overtime rates provided in 25.1, but will receive a minimum payment as for three hours work. This clause does not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion of ordinary working time.
25.9 Time off in lieu of payment for overtime
25.9.1 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.
25.9.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked.
25.9.3 An employer will, if requested by the employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked under 25.1.1 where such time has not been taken within four weeks of accrual.
25.10 Transport of employee
The employer shall provide the employee with transport to or from his or her usual place of residence or the place where he or she leaves his or her own mode of transport when he or she works authorised overtime:
25.10.1 and the usual or reasonable means of transport are not available; or
25.10.2 where the overtime is performed before 6.30 a.m. or after 8.00 p.m.
25.11 Reasonable Overtime
[25.11 inserted by PR969930 ppc 14Mar06]
25.11.1 Subject to clause 25.11.2 an employer may require an employee to work reasonable overtime at overtime rates.
25.11.2 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:
25.11.2(a) any risk to employee health and safety;
25.11.2(b) the employee's personal circumstances including any family responsibilities;
25.11.3(c) the needs of the workplace or enterprise;
25.11.3(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
25.11.3(e) any other relevant matter.
