A: The General Retail Industry Award 2010 is the applicable Award. On average, a full-time employee works thirty-eight hours per week. For hours worked in addition to the usual thirty-eight hours, you must pay the employee time and a half for the first three hours, and then double time thereafter. However, if the overtime is completed on a Sunday you must pay the employee double time. Overtime is calculated on a daily basis.
An employee may elect to have time off instead of payment. The leave is to be taken within four weeks of the overtime being worked, or may be accumulated and taken as part of annual leave.
You should also note that an employee may refuse to work overtime in circumstances where the working hours are unreasonable. To determine whether the hours are unreasonable, you must have regard to the following: any risk to the employee’s health and safety; the employee’s personal circumstances, including family responsibilities; the needs of the workplace; the notice given to the employee; and any other relevant matter.
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