AP824979 - Clerks’ (Capral Aluminium Limited) Award 2003
11.1 Subject to clause 10 - Hours of work of this award, work done by day clerical employees in excess of or outside the ordinary working hours prescribed by this award shall be paid for at the rate of time and one half for the first two hours on any one day and at the rate of double time thereafter, such double time to continue until the completion of the overtime work.
11.1.1 Day clerical employees who, in lieu of ordinary day work, work at night for periods of not less than 8 hours on less than five consecutive nights shall be paid at the rate of time and one half of the ordinary rate of pay prescribed by this award except on a Saturday, a Sunday or a holiday referred to in clause 12 - Sunday and holiday work of this award, when they shall be paid at the appropriate overtime rates.
11.1.2 In this subclause night means any hours between 4.00 p.m. and 8.00 a.m.
11.2 Time off in Lieu
11.2.1 An employee may agree with the employer to take time off instead of payment for overtime at a time or times to be agreed at the time of arranging for, or directing, the overtime to be worked. Notwithstanding, time off pursuant to this provision shall only be taken on a day which is mutually agreeable to the parties and falls within four weeks of the overtime being worked. If such time in lieu off is not taken within the stipulated period, the employee shall be paid for the overtime worked at the prescribed rate and the eligibility for the time off shall cease. Time off in lieu to the extent provided may be taken by agreement as part of a normal working day. In which event the period off shall commence from the time at which time off is taken and shall count as if the time had been worked for all other purposes.
11.2.2 If an employee takes time off in lieu of overtime, then the amount of time off is to be equivalent to the pay the employee would have otherwise received for working the overtime.
