AP824979 - Clerks’ (Capral Aluminium Limited) Award 2003
13. OVERTIME AND SUNDAY AND HOLIDAY WORK - GENERAL CONDITIONS
13.1 Weekly overtime
Notwithstanding anything contained in clauses 11 - Overtime and 14 - Shift work of this award, if any weekly overtime in excess of 8 hours is worked by an employee, not more than 8 hours shall be payable at the rate of double time.
13.2 Rest period before recommencing work
13.2.1 When overtime work including work on a rostered day off or work on a Sunday or a holiday referred to in clause 15 - Holidays of this award is necessary, it shall whenever reasonably practicable be so arranged that an employee works not more than 14 hours in any period of 24 consecutive hours, so that each employee may have at least ten consecutive hours off duty in each such 24 consecutive hours.
13.2.2 When an employee finishes a period of work he or she shall, subject to this subclause, be released until he or she has had ten consecutive hours off duty without loss of pay for his/her ordinary working time occurring during such absence.
13.2.3 If, on the instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he or she shall be paid at the rate of double time until he or she is released from duty for such period and he or she shall then be entitled to be absent until he or she has had ten consecutive hours off duty without loss of pay for his or her ordinary working time occurring during such absence.
13.2.4 Overtime worked in the circumstances specified in 13.3 hereof shall not be regarded for the purpose of this subclause when the actual time worked is less than 3 hours on such recall or on each of such recalls.
13.3 Call back
An employee recalled to work after the usual finishing hour of work for that day shall be paid for a minimum of 4 hours work at the appropriate rate. Provided that this subclause shall not apply where the work is continuous (subject to a meal break of not more than one hour) with the completion or commencement of ordinary working time.
13.4 Saturday work
An employee required to work overtime on a Saturday shall be afforded at least 4 hours work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime or work commenced on the previous day or completed on the following day. Provided that where work continues over 2 days the minimum payment shall be for 4 hours at the appropriate rate.
13.5 Sunday and holiday work
An employee required to work on a Sunday or holiday referred to in clause 15 - Holidays of this award shall be afforded at least 4 hours work or paid for 4 hours at the appropriate rate except where such work is continuous with overtime or work commenced on the previous day or completed on the following day. Provided that where work continues over 2 days the minimum payment shall be for 4 hours at the appropriate rate.
13.6 Meal breaks
13.6.1 An employee shall not be required to work overtime for more than 5 hours without a break for a meal.
13.6.2 An employee working overtime for one and one half hours or more after working ordinary hours shall, before starting such overtime, be allowed a meal break of 20 minutes which shall be paid for at ordinary rate.
13.6.3 An employee working overtime shall be allowed a meal break of 20 minutes without deduction of pay after each 4 hours of overtime worked provided he or she continues work after such meal break.
13.6.4 The employer and an employee may agree to any variation of this subclause to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
13.7 Meal allowance
[13.7 varied by PR947795 PR959580 PR975044 PR978731; PR983354 ppc 01Oct08]
An employee required to work overtime for more than one and one half hours after normal ceasing time without being notified on the previous day or earlier, shall be paid an amount of $11.10 or shall be supplied with a meal by the employer.
13.8 Reasonable overtime
13.8.1 Subject to 13.8.2 an employer may require an employee to work reasonable overtime at overtime rates.
13.8.2 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:
13.8.2(a) any risk to employee health and safety;
13.8.2(b) the employee's personal circumstances including any family responsibilities;
13.8.2(c) the needs of the workplace or enterprise;
13.8.2(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
13.8.2(e) any other relevant matter.
13.9 Transport after 8.00 pm
No employee shall be required to work overtime after 8.00 p.m. unless provided with transport or other escort home.
