AP834748 - Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000
32.1 When is an employee paid at overtime rates?
An employee is paid overtime rates for all time worked in excess of the ordinary rostered hours of duty specified in clauses 11 – Employment categories and 30 – Hours of work.
The overtime rate payable to an employee depends on the time at which the overtime is worked.
32.2.1 Monday to Saturday: one and a half times the award rate of pay for the first two hours of overtime; and twice the award rate of pay for the rest of the overtime.
32.2.2 Sunday: twice the award rate of pay for all overtime worked.
32.2.3 Rostered off duty day or days worked in excess of those provided in clauses 11 – Employment categories or 30 – Hours of work: twice the award rate of pay for all overtime worked.
32.2.4 In lieu of payment for overtime and by agreement between the employees and the employer, time off equivalent to the time worked may be granted when overtime is occasioned through the failure of another employee to report for duty except where a full additional shift is required when overtime rates shall apply.
32.3 What minimum payment applies when an employee is called back to work?
If an employee has ceased their ordinary hours of work on a particular day and is called upon to return to work after leaving work for that day then the employee is entitled to be paid for a minimum of four hour’s work.
32.4 Does an employee get a break after working overtime?
32.4.1 If starting work at the employee’s next rostered starting time would mean that the employee did not receive a full ten hour break then either: the employee may - without loss of pay - start work at such a later time as is necessary to ensure that the employee receives a break of at least ten hours; or the employer must pay the employee overtime rates for all work performed until the employee has received a break of at least ten hours.
32.4.2 The ten hour break referred to in 32.4.1 may be varied to eight hours by written agreement between the Union and the employer concerned.
32.5 Time off instead of payment for overtime
32.5.1 An employee may choose, with the consent of the employer, to take time off instead of payment for overtime at a time or times agreed with the employer. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime.
32.5.2 If an employee takes time off instead of payment for overtime then the amount of time off is to be equivalent to the pay the employee would have otherwise received for working the overtime in accordance with 32.2.
32.5.3 If requested by an employee an employer must within one week of receiving a request pay the employee for any overtime worked. The employee must be paid at overtime rates.
