Australia Electrical, Electronic and Communications Contracting Award 2020 (MA000025)
Part 5: Overtime and Penalty Rates – Australia Electrical, Electronic and Communications Contracting Award 2020 (MA000025)

Australia Electrical, Electronic and Communications Contracting Award 2020 (MA000025) 20.7: 20.7 Make time off instead of overtime pay only by separate written agreement and pay out untaken time

By written agreement, the parties may arrange for the employee to take time off in place of payment for particular overtime already worked, with a separate agreement for each pay period's overtime. The agreement must state the overtime hours and when they were worked, that time off will be taken instead of payment, and that on request the employer must pay any untaken overtime at the rate applying when it was worked, in the next pay period after the request. Time off equals the overtime hours worked, must be taken within 6 months at agreed times, and if not taken in that period is paid in the next pay period. Untaken time is also paid on termination. Email or other electronic exchanges suffice. The employer must keep each agreement as an employee record and must not pressure an employee about making one. A request under s 65 may lead to such an agreement.

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