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AT805114CRV - Federal Meat Industry (Retail and Wholesale) Award 2000 [Transitional]

25. OVERTIME

25.1 All time worked outside the ordinary working hours on any day will be deemed to be overtime and will be paid for at time and one half for the first three hours and double time thereafter.

[25.2 substituted by PR957053 ppc 01Apr05]

25.2 Subject to clause 25.2.1 an employer may require an employee to work reasonable overtime at overtime rates as defined, including an employee working to the Payment by Results clause.

25.2.1 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:

25.2.1(a) any risk to employee health and safety;

25.2.1(b) the employee’s personal circumstances including any family responsibilities;

25.2.1(c) the needs of the workplace or enterprise;

25.2.1(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

25.2.1(e) any other relevant matter.

25.3 Time off in lieu of payment for overtime

25.3.1 Where an employee with the consent of the employer has accrued an entitlement to time off in lieu of overtime, they will be able to use that entitlement for any leave purpose.

25.3.2 Time off in lieu must equate to the overtime rate - that is, if the employee works one hour overtime and elects to take time off in lieu of payment the time off would equal one and a half hours or, where the rate of pay for overtime is double time, two hours.

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