AN120673 – Charitable Institutions (Professional Staff Social Workers)(State) Award
9.1 Where an employee is requested to perform duties in excess of their ordinary hours of work, she/he shall be paid for such time at the rate of time and one-half up to two hours in each day and thereafter at double time.
9.2 By agreement between the employee and employer, an employee may be compensated by way of time off in lieu of payment of overtime on the following bases:
(a) Time off in lieu of overtime must be taken at ordinary rates within one month of its being accrued.
(b) Where it is not possible for an employee to take time off in lieu of overtime within the one-month period, it is to be paid out at the appropriate overtime rate contained in subclause 9.1 of this clause, based on the rates of pay applying at the time payment is made.
(c) Employees cannot be compelled to take time off in lieu of overtime.
(d) Time off in lieu of overtime should only be considered as an option in those circumstances where the employer is able to provide adequate replacement staff to ensure that the level of the quality of service, that would otherwise have been provided had the overtime been paid, is in fact provided.
(e) Records of all time off in lieu of overtime owing to employees and taken by employees must be maintained by the employer.
