AN150038 – Clerks (Retail Industry) Award
CLAUSE 6.3 OVERTIME
OPDATE 12:03:2004 on and from
6.3.1 Overtime rates are payable in the following circumstances:
6.3.1.1 Where an employee works in excess of the maximum ordinary hours as prescribed in clause 6.1.
6.3.1.2 When an employee works outside the spread of ordinary hours as set out in subclauses 6.1.2, 6.1.3 and 6.1.4.
6.3.1.3 When an employee works in excess of the maximum ordinary hours per day as prescribed in subclause 6.1.6.
6.3.2 Overtime is payable at the rate of time and one-half for the first 3 hours worked on any one day, and at double time for any hours in excess of 3 hours overtime worked on any day.
6.3.3 Any overtime payable under this Award must be paid in addition to payment for ordinary hours to which an employee is entitled pursuant to this Award.
6.3.4 The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees will be the appropriate weekly rate prescribed by this Award, divided by 38. The basis for calculating overtime rates for casual employees will be the appropriate weekly rate prescribed by this Award, divided by 38 and multiplied by
1.2.
6.3.5 Junior employees
No Junior employee under 17 years of age will be required to work overtime on any day after 6:30pm unless the employee agrees otherwise.
6.3.6 Transport after overtime
Where an employee who has been required to work overtime ceases work at a time when usual and reasonable means of transport are not available, the employer will provide a suitable means of transport for such an employee to the employee's place of residence.
6.3.7 Call out
An employee recalled for duty after an interval of 3 hours or more after the employees normal finishing time will be paid at overtime rates for a minimum of 3 hours.
6.3.8 Rest period after overtime
6.3.8.1 When overtime work is necessary it will, wherever reasonably practicable, be so arranged that employees have at least 8 consecutive hours off duty between the work of successive days.
6.3.8.2 An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 8 consecutive hours off duty between those times will, subject to this subclause, be released after completion of such overtime until the employee has had 8 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
6.3.8.3 If, on the instructions of their employer, an employee resumes or continues work without having had such 8 consecutive hours off duty, the employee will be paid at double rates until released from duty for such period and the employee will then be entitled to be absent until the employee has had 8 consecutive hours off duty without loss of pay for ordinary work time occurring during such absence.
6.3.8.4 Despite the above provisions, no employee will be required to work without the employee's consent for more than 16 hours in any period of 24 hours commencing from the time the employee started work.
6.3.9 Time off in lieu of overtime
Despite provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of time off in lieu of overtime provided that:
6.3.9.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
6.3.9.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate, that is an hour for each hour worked.
6.3.9.3 An employer will, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in clause 6.3 of this Award, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.
6.3.9.4 Clause 6.3.9.1 is subject to the employer informing the appropriate Union that has member(s) employed at the enterprise of its intention to introduce an enterprise system of time off in lieu of overtime flexibility, and providing a reasonable opportunity for that Union to participate in negotiations.
6.3.9.5 Once a decision has been taken to introduce an enterprise system of time off in lieu, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to Section 102 of the Act.
6.3.9.6 An employer will record time off in lieu arrangements in the time and wages book as prescribed in Section 102 of the Act each time this provision is used.
