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November 24, 2020

Question from Stuart Gale ([email protected])

We have commenced doing some work on the weekends for 1 to 2 of our employees. The Timber Industry Award states that a paid break of 20 mins must be provided without deduction of pay, it also states that if this crib time is between 10am & 1pm it can be paid at ordinary rates. Do we have to pay super on the 20 minutes of ordinary time and do we have to accrue leave on this time also?

Regards
Stuart

Dear Stuart

Under the Timber Industry Award 2020, in relation to weekend crib time, annual leave will not accrue on crib time for a day worker on a 5 day week regardless of whether it is at ordinary rate. This is because the relevant clause (19.4) deals with overtime and time outside ordinary hours – the weekend work you refer to – and annual leave does not accrue on overtime. In this instance, there is a distinction between ordinary hours of work and ordinary rates. Employees will be entitled to paid crib time at ordinary rate if this crib time is between 10am & 1pm as provided by and according to the award.

In relation to superannuation, the payment for weekend crib time would not be OTE and therefore not attract super.

Kind regards

 

Benjamin Mann

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