AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
26.1 Reasonable overtime
[new 26.1 inserted by PR922123 ppc 30Aug02]
26.1.1 Subject to clause 26.1.2 an employer may require an employee to work reasonable overtime in accordance with the provisions of this clause.
26.1.2 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:
26.1.2(a) any risk to employee health and safety;
26.1.2(b) the employee’s personal circumstances including any family responsibilities;
26.1.2(c) the needs of the workplace or enterprise.
26.1.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
26.1.2(e) any other relevant matter.
26.2 Payment for working overtime
[26.1 renumbered as 26.2 by PR922123 ppc 30Aug02]
An employee must be paid overtime for:
26.2.1 All work in excess of 38 hours in a week; or where an employee works in accordance with a roster as set out in 24.1.7 of this award, all work in excess of those hours.
26.2.2 All work before the regular commencing time on any one day;
26.2.3 All work after the prescribed ceasing time on any one day;
26.2.4 All work in excess of nine hours on any one day. However on one day each week up to eleven hours may be worked without the payment of overtime. By mutual agreement additional days of up to eleven ordinary hours may be worked without the payment of overtime; and
26.2.5 All work in excess of five days in any one week (or six days or four days under 24.1.4).
26.3 Overtime - Monday to Saturday
[26.2 renumbered as 26.3 by PR922123 ppc 30Aug02]
Overtime worked Monday to Saturday must be paid at the rate of time and one half for the first two hours and double time for all other hours.
26.4 Overtime - Sundays
[26.3 renumbered as 26.4 by PR922123 ppc 30Aug02]
Overtime worked on Sundays must be paid at the rate of double time with a minimum payment for three hours.
26.5 Overtime - holidays
[26.4 renumbered as 26.5 by PR922123 ppc 30Aug02]
Overtime worked on a holiday must be paid at the rate of double time and a half with a minimum payment for three hours.
26.6 Overtime - newsagencies
[26.5 renumbered as 26.6 by PR922123 ppc 30Aug02]
However, where a newsagency is open for the sale of newspapers on any Sunday or holiday, overtime on that day must be paid for at the rate of time and a half, with a minimum payment for two hours.
26.7 Time off in lieu of payment for overtime
[26.6 renumbered as 26.7 by PR922123 ppc 30Aug02]
By mutual agreement the rate for overtime may be time off in lieu of overtime. However time off will be calculated at the penalty equivalent, and the employee will be entitled to a fresh choice of payment or time off on each occasion on which overtime is worked. However this time off must be taken within one calendar month of the working of the overtime or it will be paid out.
26.8 Rounding up of overtime hours
[26.7 renumbered as 26.8 by PR922123 ppc 30Aug02]
The period of overtime worked must be rounded up to the next highest half hour, except where an employee is required to work after closing time to attend to customers in the shop, or in connection with the closing of the shop, including checking of cash received, when the time actually worked will count.
26.9 Overtime to stand alone
[26.8 renumbered as 26.9 by PR922123 ppc 30Aug02]
In the calculation of overtime, each day will stand alone and be paid for on a daily basis.
26.10 Alternative time off in lieu of overtime arrangements
[26.9 renumbered as 26.10 by PR922123 ppc 30Aug02]
Notwithstanding provisions elsewhere in the award, the employer and majority of employees at an enterprise may agree to establish a system of time off in lieu of overtime provided that:
26.10.1 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.
26.10.2 Overtime taken as time off during ordinary time hours shall be taken at the overtime rate, in accordance with 26.6 hereof.
26.10.3 An employer shall, if requested by an employee, provide payment at the rate provided for the payment of overtime as prescribed elsewhere in clause 26 - Overtime, for any overtime worked under this subclause where such time has not been taken within four weeks of accrual.
26.10.4 Clause 26.9 is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of time off in lieu of overtime flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
26.10.5 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.
26.10.6 An employer shall record time off in lieu arrangements in the time and wages book each time this provision in used.
