Based on what you've told us, it looks like you're covered by the Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089].
An employee can take time off instead of being paid overtime, if they ask for it and the employer agrees to it in writing. This agreement must be kept as a time and wages record.
When time off is chosen, an employee has to get the same amount of time off as the rate of overtime they would have been paid.
The following types of employees are not entitled to time off instead of overtime pay:
- employees mainly doing vehicle sales
- casual driveway attendants, roadhouse attendance and console operators
- employees working at fuel retailing establishments.
The time off equal to overtime rates is:
- time and a half = 1 ½ hours time off
- double time rate = 2 hours time off
- double time and a half (on public holidays only) = 2 ½ hours time off
Example: Equal time off to the rate of overtime (time and a half)
Drew works 3 hours of overtime that would have been paid at the rate of time a half.
This means that Drew is entitled to 4 ½ hours off instead of getting paid overtime.
Taking the time off
The time off has to be:
- taken within 4 weeks of working the overtime at a time that suits the employer and employee or
- taken within 8 weeks of working the overtime at a time that suits the employer and employee, when the employee has arranged to bank up to 8 hours of overtime.
Overtime payments when ending employment
Any time off that accumulated instead of being paid as overtime has to be paid out at the overtime rate when employment ends. The entitlement will be paid out at the rate that applied at the time the overtime was worked.
To find out more about who this award applies to, go to the Vehicle Award summary.
Source reference: Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089] clauses 28.2 and 28.3