AN170026 – Disability Service Providers Award

10. TIME OFF IN LIEU OF PAYMENT

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:

(a) 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.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked (unless otherwise provided elsewhere in the award).

(c) An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed in Part V – Hours of Work, Penalty Payments, Shift Work and Overtime, Clause 4 - Overtime of this award, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.

(d) An employee or the employees may choose to request a union party to this award, to represent their interests in negotiation referred to in paragraph (a) of this subclause.

(e) 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 Regulation 25 of the Industrial Relations Regulations 1993.

(f) An employer shall record time off in lieu arrangements in the time and wages book as prescribed in Part IX – Award Compliance and Union Related Matters Clause 2 - Time and Wages Book of this award at each time this provision is used.