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Higher duties

Higher duties apply when an employee performs work at a higher classification than their usual duties. For example, you might request an employee to perform higher duties to replace another employee who is on annual leave or sick leave.

Under the Retail Award, if you request an employee to perform higher duties for more than 2 hours in a day, they are entitled to be paid the higher rate for the whole day or shift.

An employee who performs higher duties for 2 hours or less must be paid the higher rate for the time worked at the higher level.

Employees performing higher duties will also get any relevant overtime, weekend or shift penalties on top of the higher hourly rate.

Make sure that any time that your employees are entitled to higher duties rates of pay it is recorded in your time and wages records.

Example

Amy is employed as a full-time shop assistant at Mandy's Fashion Store Pty Ltd and has worked at the store for 2 years. Amy's duties include customer service, processing sales, packing and pricing products. Amy is classified as a Retail Employee Level 1 under the Retail Award.

The second in charge (2IC) of the store, Ricky, takes 6 weeks of annual leave. Ricky is a senior salesperson and his duties include opening and closing the store and securing cash at the end of the day. Ricky is classified as a Retail Employee Level 3. Mandy offers Amy the position of the 2IC for six weeks and Amy accepts the offer.

For the 6 weeks that she works in Ricky’s position, Amy is entitled to payment as a Retail Employee Level 3.

One day that Amy is meant to be working, she has to come in late as she has a medical appointment. Mandy asks Matthew, another shop assistant, to work as the 2IC for 2 hours until Amy comes into work. Matthew is entitled to payment at the Retail Employee Level 3 rate for the 2 hours that he works in Amy's position, and his usual rate of pay for the rest of the shift. If Matthew were to work as the 2IC for more than 2 hours, then he would be entitled to payment at the higher rate for the entire shift.

Best Practice Tip

Consider implementing a higher duties policy which sets out when higher duties apply and how positions will be filled. The policy can cover the following situations:

  • a short term vacancy (for example, due to an unexpected absence)
  • a vacancy for a limited period of time (for example, where an employee is on annual leave or extended personal leave)
  • a long term vacancy (for example, where an employee is on parental leave or long service leave)
  • providing employees an opportunity to gain exposure to a higher role (for example, training your employees to replace a staff member who is leaving your business).

It is a good idea to give your employees a higher duties agreement each time they perform higher duties. This agreement can set out the additional duties required, the rate of pay, and the length of time higher duties will apply.

 

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Page last updated: 17 September 2010