The Case

EPI Capital Pty Ltd (2023)

EPI Capital Pty Ltd (EPI) applied to the Fair Work Commission (FWC) under section 160 of the Fair Work Act 2009 (Cth) to vary the Clerks–Private Sector Award 2020 (the Award). EPI sought to remove the uncertainty arising from the overtime provisions when employees take leave.

Under the Award, employees are entitled to overtime when an employee works over 38 ordinary hours per week or in excess of 10 ordinary hours per day. EPI sought to vary the Award to exclude any hours an employee is on leave during the week from the 38-ordinary-hour maximum total.