AN150130 – Retail Industry (South Australia) Award

CLAUSE 6.10 OVERTIME (OTHER THAN SUNDAYS AND PUBLIC HOLIDAYS)
OPDATE 15:03:2006 1st pp on or after

6.10.1 Where an employee works on any one day in excess of the maximum number of ordinary hours set out in clause 6.1.2 that employee must be paid overtime rates for the hours in excess of the maximum permitted for that day.

6.10.2 Where an employee works outside the spread of ordinary hours as set out in clause 6.1.1 that employee must be paid overtime for the hours so worked.

6.10.3 If the employer utilises a 7-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 38 hours over the relevant 7-day cycle period.

6.10.4 If the employer utilises a 14-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 76 hours over the relevant 14-day cycle period.

6.10.5 If the employer utilises a 21-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 114 hours over the relevant 21-day cycle period.

6.10.6 If the employer utilises a 28-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 152 hours over the relevant 28-day cycle period.

6.10.7 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 one day.

6.10.8 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.

6.10.9 The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees who are paid pursuant to Schedule 1 shall be the appropriate weekly rate prescribed by Schedule 1, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 1 and in column 4 of Schedule 2.

The basis for calculating overtime rates to be paid under this Award for casual employees paid pursuant to Schedule 1 shall be the appropriate weekly rate prescribed by Schedule 1 as increased by 20% and divided by 38. The result shall then be rounded off to the nearest cent. These rates are set out in column 3 of Schedule 1 and in column 5 of Schedule 2.

The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees who are paid pursuant to Schedule 2 shall be the appropriate weekly rate prescribed by Schedule 2, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 2.

The basis for calculating overtime rates to be paid under this Award for casual employees who are paid pursuant to Schedule 2 shall be the appropriate weekly rate prescribed by Schedule 2 as increased by 20% and divided by 38 and rounded off to the nearest cent. These rates are set out in column 3 of Schedule 2.

6.10.10 The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees who are paid pursuant to Schedule 3 shall be the appropriate weekly rate prescribed by Schedule 3, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 3.

The basis for calculating overtime rates to be paid under this Award for casual employees paid pursuant to Schedule 3 shall be the appropriate weekly rate prescribed by Schedule 3 as increased by 20% and divided by 38. The result shall then be rounded off to the nearest cent. These rates are set out in column 3 of Schedule 3.

6.10.11 Where an employer and an employee mutually agree in writing, the employee may be allowed time off in lieu of payment for overtime. Such time off in lieu of payment for overtime may be accumulated and taken off work at a mutually agreed time. Time off work in lieu of payment for overtime must be in substitution for ordinary hours that the employee would otherwise be obliged to work. An employee taking time off work in lieu of payment for overtime must be permitted to take that time off work without loss of pay for the ordinary hours that the employee would otherwise be obliged to work but for the operation of this provision. In taking time off in lieu of payment for overtime, the employee must be permitted to be absent from work for the number of hours for which the employee would otherwise have been entitled to be paid for the overtime worked.

6.10.12 This clause does not apply to employees paid pursuant to Schedule 4. Specific provisions for these employees are contained in clause 4.10.

NOTE: The ordinary hours of work for in or in connection with the supply of food or beverage in a cafe, a restaurant employees employed, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award are not set out in clause 6.1 but in clause 4.8 of this Award.