AN160068 – Clerks (Unions and Labor Movement) Award 2004
(1) All time worked in excess of eight hours in any one day and/or in excess of 38 hours in any week, shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter.
(2) (a) All work performed on a Sunday or after 12 noon on a Saturday shall be paid for at the rate of double time.
(b) All time worked on any of the Public Holidays prescribed by this Award shall be paid for at the rate of double time and a half.
(3) In the computation of overtime each day shall stand by itself.
(4) (a) By agreement between the employer and an employee, time off during ordinary hours shall be granted instead of payment of overtime pursuant to the provisions of this clause.Such time off shall be calculated in accordance with the same formula outlined within subclauses (1) and (2).
(b) All time accrued in accordance with paragraph (a) of this subclause shall be taken within one month of it being accrued at a time agreed between the employer and the employee.
(c) Where such time off in lieu is not taken in accordance with paragraph (b) of this subclause, it shall, by agreement between the employer and the employee, be taken in conjunction with a future period of annual leave or the employer shall discharge its obligation to provide time off in lieu by making payment for the accrued time off when the employee’s wages are paid at the end of the next pay period.
(d) Upon termination of an employee’s service with an employer, the employee shall be paid for all accrued time off which remains owing to the employee at the date of termination.
(5) (a) When overtime work is necessary it shall, wherever reasonably practicable, be so arrangedthat employees have at least 10 consecutive hours off duty between the work of successive days.
(b) If, on the instructions of the employer, such an employee resumes or continues work without having had such 10 consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(6) (a) Subject to paragraph (b) of this subclause an employer may require an employee to work reasonable overtime at overtime rates.
(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
(i) any risk to the employee’s health and safety;
(ii) the employee’s personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
(7) Any employee in receipt of a salary at the rate of twenty per centum per week or more in excess of the rate herein prescribed for his/her classification may agree with the employer an alternative method of compensation for hours worked outside of ordinary hours.
