General Retail Industry Award 2020 [MA000004]
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[Varied by PR723906; corrected by PR724574; varied by PR731097]
21.1 Reasonable overtime
(a) Subject to section 62 of the Act and clause 21.1, an employer may require an employee to work reasonable overtime hours at overtime rates.
(b) An employee may refuse to work overtime hours if they are unreasonable.
(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 21.1 the following must be taken into account:
(i) any risk to employee health and safety from working the additional hours;
(ii) the employee’s personal circumstances, including family responsibilities;
(iii) the needs of the workplace or enterprise in which the employee is employed;
(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
(v) any notice given by the employer of any request or requirement to work the additional hours;
(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(viii) the nature of the employee’s role, and the employee’s level of responsibility;
(ix) whether the additional hours are in accordance with averaging terms in this award inserted pursuant to section 63 of the Act, that applies to the employee; and
(x) any other relevant matter.
21.2 Payment of overtime
[21.2(a) varied by PR723906 ppc 20Nov20]
(a) An employer must pay a full-time employee for hours worked in excess of the ordinary hours of work or outside the span of hours (excluding shiftwork) or outside the roster conditions prescribed in clause 15—Ordinary hours of work at the overtime rate specified in column 2 of Table 10—Overtime rates.
[21.2(b) substituted by PR731097 ppc 01Jul21]
(b) An employer must pay a part-time employee for hours worked in excess of their guaranteed hours as agreed in clause 10.5 or as varied under clause 10.6 or clause 10.11 at the overtime rate specified in column 2 of Table 10—Overtime rates.
(c) An employer must pay a casual employee at the overtime rate specified in column 3 of Table 10—Overtime rates (inclusive of the casual loading) for hours worked by the casual employee:
(i) in excess of 38 ordinary hours per week or, if the casual employee works in accordance with a roster, in excess of 38 ordinary hours per week averaged over the course of the roster cycle; or
(ii) outside the span of ordinary hours for each day specified in clause 15.1 (Ordinary hours of work), subject to clause 15.2; or
(iii) in excess of 11 hours on one day of the week and in excess of 9 hours on any other day of the week.
(d) Overtime is calculated on a daily basis.
(e) Overtime rate
An employer must pay an employee for overtime worked in accordance with clause 21.2 at the following rates:
Table 10—Overtime rates
For overtime worked on
% of minimum hourly rate of pay
% of minimum hourly rate of pay
(inclusive of casual loading)
Monday to Saturday—first 3 hours
Monday to Saturday—after 3 hours
[NOTE 1 varied by PR723906 ppc 20Nov20]
NOTE 1: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications according to when overtime is worked.
[NOTE 2 inserted by PR723906 ppc 20Nov20; corrected by PR724574 ppc 20Nov20]
NOTE 2: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1 to the overtime rates for full-time and part-time employees prescribed by clause 21.2(e).
21.3 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.
EXAMPLE: By making an agreement under clause 21.3 an employee who worked 2 overtime hours at the rate of 150% is entitled to 3 hours’ time off.
(c) Time off must be taken:
(i) within the period of 6 months after the overtime is worked; and
(ii) at a time or times within that period of 6 months agreed by the employee and employer.
(d) If the employee requests at any time to be paid for overtime covered by an agreement under clause 21.3 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 21.3(c), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(g) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 21.3 will apply for overtime that has been worked.
NOTE: Clause 6—Requests for flexible working arrangements contains additional provisions to section 65 of the Act relating to requests for flexible working arrangements. If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).
(h) If, on the termination of the employee’s employment, time off for overtime worked by the employee covered by an agreement under clause 21.3 has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.3.