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February 04, 2021

Question from Olivia Tarrant-Hunt ([email protected])

Hi, we have a casual employee under the Clerks private sector award. We pay her overtime if she works more than 10 hours per day or 40 hours per week or if she works on weekends. Is this correct? I’m finding the award quite confusing.

Hi Olivia

Unfortunately the Help Desk service is unable to provide specific legal advice regarding your workplace.  We are only able to provide general guidance and clarification of the law.

Clause 21.1(b) requires you to pay employees overtime rates if they work over 10 ordinary hours in any one day (the overtime rates for casuals are detailed at clause 21.4(a), Table 5 Column 3).

Clauses 13.2 and 21.1(a) provide that if an employee works over 38 hours in a week, they are entitled to overtime rates.

In respect of weekend work, if an employee has worked over 38 hours over Monday to Friday and they are required to work on the weekend, they must be paid a minimum of 3 hours of overtime if they work on a Saturday or a minimum of 4 hours of overtime if they work on a Sunday (see clause 21.4(b)-(c)).  The casual overtime rates for working on a Saturday or Sunday are detailed at clause 21.4(a), Table 5 Column 3.

If you require professional legal advice on a commercial basis, you may contact Hannah Dunai, Senior Associate at Holding Redlich, at[email protected] or (03) 9321 9816.

Kind regards

Ella Clements

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