AN150039 – Clerks' (South Australia) Award
CLAUSE 6.3 OVERTIME (OTHER THAN SATURDAYS, SUNDAYS OR PUBLIC HOLIDAYS)
OPDATE 26:08:97 1st pp on or after
6.3.1 Overtime rates will be paid in the following circumstances:
6.3.1.1 when an employee works in excess of the maximum ordinary hours as prescribed by Clause 6.1.1, or Clause 4.2.2.2 in the case of part-time employees;
6.3.1.2 when an employee works outside the span of hours as prescribed by Clause 6.1.2.1;
6.3.1.3 when an employee works in excess of the maximum ordinary hours per day as prescribed by Clause 6.1.2.4
6.3.2 The rate at which overtime must be paid is:
6.3.2.1 one and a half times the ordinary hourly rate for the first 3 hours of overtime on any one day;
6.3.2.2 twice the ordinary hourly rate for any hours overtime in excess of three hours on any one day.
6.3.3 Any overtime payable under the Award must be paid in addition to the payment of ordinary hours to which the employee is entitled pursuant to this Award.
6.3.4 Junior Employees
No junior employee, under 17 years of age, will be required to work overtime on any day after 6.00pm unless the employee agrees otherwise.
6.3.5 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 must provide a suitable means of transport for such employee to their place of residence.
6.3.6 Call Out
An employee recalled for duty after an interval of 3 hours or more after the employee’s normal finishing time must be paid at overtime rates for a minimum of 3 hours.
6.3.7 Rest Period After Overtime
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. An employee who works so much overtime between the termination of the employee’s ordinary hours on one day and the commencement of the employee’s 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 sub-clause, 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. If, on the instructions of the employer, an employee resumes or continues work without having had such 8 consecutive hours off duty the employee will be paid at double the ordinary hourly rate of pay until the employee is 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 working time occurring during such absence. Notwithstanding 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.
6.3.8 Meal Break During Overtime
6.3.8.1 Any employee who on any day is required to remain at work or to return to work after the usual finishing time will, when that additional work necessitates taking a meal away from the employee’s place of residence, be supplied with a suitable meal by the employee’s employer or be paid a meal allowance in accordance with the Meal Allowance in Schedule 3 which must be paid to the employee on the next day.
6.3.8.2 An employee required to work overtime must be allowed a meal break of not more than 1 hour or less than one half hour (which must not be counted as time worked) to commence not more than 5 hours from the commencement of work or from the end of the lunch period taken as provided by Clause 6.2.
6.3.9 Time Off in Lieu of Overtime
Notwithstanding 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 must be taken at the ordinary time rate, that is an hour for each hour worked.
6.3.9.3 An employer must, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in Clause 6.3, for any overtime worked under this sub-clause where such time has not been taken within four weeks of accrual.
6.3.9.4 Paragraph 6.3.9.1 is subject to the employer informing the Union where the Union has members 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 the 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 shall record time off in lieu arrangements in the time and wages book as prescribed in Section 102 of the Act at each time this provision is used.
