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Joinery And Building Trades Award 2010 - cfmeu

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<strong>Joinery</strong> & <strong>Building</strong> <strong>Trades</strong> <strong>Award</strong> <strong>2010</strong><br />

30. OVERTIME<br />

30.1 Reasonable overtime<br />

(a) Subject to clauses 30.1(b) and (c), an employer may require an<br />

employee to work reasonable overtime at overtime rates.<br />

(b) An employee may refuse to work overtime in circumstances where the<br />

working of such overtime would result in the employee working hours<br />

which are unreasonable having regard to:<br />

(i) any risk to the employee’s health and safety;<br />

(ii) the employee’s personal circumstances including any family<br />

responsibilities;<br />

(iii) the needs of the workplace or enterprise;<br />

(iv) the notice (if any) given by the employer of the overtime and by<br />

the employee of their intention to refuse it; and<br />

(v) any other relevant matter.<br />

(c) No apprentice under the age of 18 years of age is required to work<br />

overtime or shiftwork unless the employee so desires.<br />

30.2 Payment for working overtime<br />

(a) Except as provided for in clauses 30.6 and 30.7, for all work done<br />

outside of ordinary hours by a day worker the overtime rate is 150%<br />

for the first two hours and 200% thereafter and for all work done outside<br />

of ordinary hours by a shiftworker the overtime rate is 200%.<br />

(b) Overtime work performed by a shiftworker employed on the second or<br />

third shifts of a day when two or three shifts are worked must be paid<br />

for at the rate of 200%.<br />

30.3 Call back<br />

(a) An employee recalled to work overtime after leaving the employer’s<br />

business premises (whether notified before or after leaving the<br />

premises) must be paid for a minimum of three hours work at the<br />

appropriate rates for each time the employee is so recalled. Except in the<br />

case of unforeseen circumstances arising, the employee must not be<br />

required to work the full three hours if the job they were recalled to<br />

perform is completed within a shorter period.<br />

(b) Clause 30.3(a) does not apply where it is customary for an employee to<br />

return to the employer’s premises to perform a specific job outside the<br />

employee’s ordinary hours or where the overtime is continuous, subject<br />

to a reasonable meal break, with the completion or commencement of<br />

ordinary hours.<br />

58 JBTA <strong>2010</strong>: Part 5

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