AP825433 - Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited Clerical and Administrative Employees Award 2003
23.1 Entitlement to overtime - permanent employees
An employee will be entitled to the payment of overtime when:
23.1.1 They are 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 21.6.2).
23.1.2 A full-time employee works in excess of 46 hours in a week or 152 hours in any four week cycle.
23.1.3 A part-time employee works in excess of 38 hours in a week or 128 hours in any four week cycle.
23.1.4 An employee works in excess of five days in any week (or six days in accordance with 21.9).
23.1.5 An employee is required to work a non rostered shift (except for a part-time employee who has been offered and has accepted additional hours of work in accordance with 21.6.2).
23.1.6 A permanent employee works in excess of twenty days in any four week cycle.
23.1.7 An employee works in excess of ten and a half hours (excluding meal breaks) on any shift.
23.1.8 An employee works in excess of nine hours (excluding meal breaks) on any shift except on two shifts in any week when an employee may be rostered to work up to a maximum of ten and a half hours (exclusive of meal breaks), without payment of overtime.
23.1.9 A day worker is rostered to work outside their ordinary hours.
23.1.10 A shift worker is rostered to work outside their ordinary hours.
23.2 Entitlement to overtime - casual employee
A casual employee is entitled to overtime at the applicable rates in 23.3 when they work:
23.3 Overtime rates
23.3.1 Authorised overtime will be paid at the following rates:
23.3.2 Overtime will be calculated to the nearest fifteen minutes.
23.4 Overtime to stand alone
Each shift will stand alone (i.e. overtime will be treated on a daily or shift basis and will be non-cumulative).
23.5 Time off instead of overtime
An employee may elect to take time off instead of overtime provided:
23.5.1 The time off will be calculated at the overtime equivalent;
23.5.2 The employee will be entitled to a fresh choice of payment or time off on each occasion overtime is worked;
23.5.3 Time off must be taken within one calendar month of the working of the overtime, or it will be paid out.
23.6 Overtime and meal breaks
23.6.1 Where an employee (including a casual) is required to work overtime after their normal ceasing time they will be entitled to an unpaid meal break of twenty minutes duration when more than one and one half hours overtime has been worked.
23.6.2 An employee required to work overtime after a rostered shift of five hours or after completing five hours since their last meal break will be entitled to an unpaid meal break of between 30 and 60 minutes prior to commencing overtime.
23.6.3 No employee will work more than five hours without receiving a meal break.
23.6.4 Upon resumption of work, the employee will be entitled to a further unpaid meal break of twenty minutes when a further five hours of overtime have been completed.
23.7 Meal allowance
[23.7.1 varied by PR948056 PR959421 PR975032 PR979474; PR983633 ppc 01Oct08]
23.7.1 An employee (including a casual employee) will be entitled to a meal allowance of $10.15, whenever they are provided with a twenty minute unpaid meal break in accordance with the provisions of 23.6.
[23.7.2 varied by PR948056 PR959421 PR975032 PR979474; PR983633 ppc 01Oct08]
23.7.2 Where an employee is rostered to work an additional shift as overtime and it continues for more than five hours, the employee shall be entitled to a meal allowance of $10.15 and an unpaid meal break of between 30 and 60 minutes duration.
23.7.3 There will be no entitlement to the meal allowance as described in 23.7.1 and 23.7.2 where an employee is required to work overtime after they have worked a rostered shift of five hours or have completed five hours work since their last meal break and is therefore entitled to an unpaid break of between 30 and 60 minutes prior to commencing such overtime.
23.7.4 An employee will not be entitled to payment of a meal allowance as detailed in 23.7.1 or 23.7.2, if they have received 24 hours notice or have been notified prior to completion of their previous shift of the requirement to work such overtime.
[23.7.5 varied by PR948056 PR959421 PR975032 PR979474; PR983633 ppc 01Oct08]
23.7.5 Where an employee has been requested to work overtime as previously outlined and is subsequently advised that such overtime is not required they shall be entitled to payment of $10.15.
23.8 Reasonable overtime
[23.8 inserted by PR948056 ppc 27May04]
23.8.1 Subject to clause 23.8.2 an employer may require an employee to work reasonable overtime at overtime rates.
23.8.2 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:
23.8.2(a) any risk to employee health and safety;
23.8.2(b) the employee's personal circumstances including any family responsibilities;
23.8.2(c) the needs of the workplace or enterprise;
23.8.2(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
23.8.2(e) any other relevant matter.
