Can a part-time employee be engaged under the Clerks - Private Sector Award 2010, for 8 hours per day (exclusive of a meal break) without payment for overtime? This employee will take a 60 minute lunch break during the course of the day, but will be paid for 8 hours at their ordinary hourly rate. This will equate to 32 hours per week. My understanding is that if they work less than 10 hours per day or 38 hours per week within the ordinary spread of hours, then this is permissible.
It is possible for an employee under the Clerks Private Sector Award 2010 to work eight hours per day without payment for overtime, however there are a few things that should be taken into account first.
Under this award, the maximum ordinary hours for day workers are an average of 38 per week and should be worked from 7.00 am to 7.00 pm Monday to Friday and from 7.00 am to 12.30 pm Saturday. In addition, the award states that not more than ten hours are to be worked in one day exclusive of meal breaks.
For part-time employees, the same principles as above apply, however part-time employees perform less than full-time hours on a reasonably predictable basis that is agreed between the employer and employee at the time of engagement.
In order to become entitled to overtime, an employee under this award must work for more than ten hours in a day, more than 38 hours in a week or outside the spread of ordinary hours.
In the example given, this employee works fewer than ten ordinary hours on each shift and fewer than 38 hours in a week. Provided that this employee performs this work between the spread of ordinary hours, they will not be entitled to overtime so your understanding is correct.
