AN160080 – Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
(1) Except as hereinafter provided in this clause, all time worked on any one day outside the ordinary hours of duty shall be paid for at the rate of time and one half for the first two hours and double time thereafter. All time worked on a Saturday after 6.00 p.m. or after 1.00 p.m. if the half day is observed on that day shall be paid for at the rate of double time.
(2) All time worked on Sundays shall be paid for at the rate of double time.
(3) (a) Subject to paragraph (b) hereof all time worked on any of the holidays prescribed by this award shall be paid for at the rate of double time and a half.
(b) In fruit and produce markets, ice and ice-cream establishments, milk and cream depots and the establishments of dealers in milk and cream, the worker shall be paid for work on holidays during "ordinary" hours, his ordinary day's pay, plus half time rate for the time actually worked and shall in addition be allowed a day in lieu to be added to his annual leave, or taken some other time if the worker and employer agree. For work in "overtime" hours a worker employed in one of the abovementioned establishments shall be paid overtime as provided in paragraph (a) hereof, where the time is worked continuously with work in "ordinary" hours.
Provided that where the worker and employer mutually agree, a worker shall be paid for work on holidays in accordance with the provisions of paragraph (a) of this subclause.
(4) Notwithstanding any other provision of this clause any recall to work on any day of the week shall be paid for with a minimum payment as for three hours at overtime rates and time reasonably spent in travelling shall be counted as time worked.
(5) In the computation of overtime each day shall stand by itself.
(6) (a) An employer may require any worker to work reasonable overtime at overtime rates, and such worker shall work overtime in accordance with such requirement.
(b) No organisation, party to this award, or worker or workers covered by this award shall in any way, whether directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
(7) Any clerk in receipt of a salary at the rate of twenty per centum per week or more in excess of the rate herein prescribed for a Clerical Officer Grade 3 Year 1 shall be paid at his ordinary rate of pay for any overtime worked in lieu of the rates prescribed by this clause.
(8) All overtime worked on Easter Eve in a retail store shall be paid at the rate of double time.
