AP820387 - Clerks’ (Oil Companies) Award 2002
[19 varied by PR933161 PR947207 PR959020 PR975079 PR978458; PR983369 ppc 01Oct08]
19.1 An employee, required to work overtime for more than one and a half hours will, for each crib break prescribed in this clause, either be supplied with a meal by the employer or be paid $12.55. Payment need not be made to an employee living in the same locality as his/her work place who can reasonably return home for a meal.
19.2 An employee who is required to work on a holiday will, for each crib break, either be supplied with a meal by the employer or be paid:
19.2.1 where work continues for more than nine and a half hours a meal allowance of $12.55 will apply. After each additional four hours of continuous work, a subsequent meal allowance of $12.55 provided that he/she continues work after each such period; or
19.2.2 where the work is extended unexpectedly beyond the time when the employee would ordinarily be expected to have a meal on any such day, a meal allowance of $12.55 for each such meal.
19.2.3 Payments under this subclause need not be made to an employee living in the same locality as his/her work place, who can reasonably return home for a meal.
19.3 A day worker, or shift worker on other than seven-day shifts, required to work on a Saturday or Sunday (not being a day on which he/she is ordinarily required to work) or a seven-day shift worker required to work on his/her rostered day off will, for each meal break or crib break, either be supplied with a meal by the employer or be paid $12.55 provided he/she continues to work beyond such meal break or crib break. This payment need not be made to an employee living in the same locality as his/her work place who can reasonably return home for a meal.
19.4 A meal allowance of $12.55 will be paid to any employee who is called in earlier than one and a half hours before the time on any day when he/she would have commenced work had he/she not been so called in (notwithstanding that, in the case of a day worker, such time is outside the spread of ordinary hours specified in clause 25 - Hours of Work, or in the case of a shift worker, that time is earlier than the commencement of his/her ordinary shift hours) and therefore misses a meal which otherwise he/she would have had at home. This meal allowance will not apply after seven days where the change is to new earlier commencing times which are introduced as the employee’s new regular commencing times. Further, the meal allowance need not be paid to any employee who is supplied with a meal by the employer.
19.4.1 Should any employee be similarly called in early on Saturday or Sunday or on a holiday (not being a day on which such employee ordinarily is required to work) or, in the case of a seven-day shift worker, on his/her rostered day off, he/she will be paid the said allowance in accordance with the provisions and intent of 19.4. For the purpose of this paragraph, if a seven-day shift worker is changing shift following his/her rostered day off the time he/she commenced work in the terms of 19.4 on his/her last preceding ordinary shift day will be taken as the time he/she would have commenced work on the rostered day off on which he/she is called in early to start work.
