20. Overtime, Shift Penalties and Loadings
- Professional staff collective agreement
- The University must not require an employee to work overtime unless the request is reasonable and reasonable notice is given of the request.
- An employee may refuse to work overtime, without prejudice or disadvantage to their employment, in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
- any risk to employee health and safety;
- the employee's personal circumstances including any family responsibilities;
- the needs of the workplace or enterprise;
- the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
- any other relevant matter, including but not limited to the matters contained in section 62 subsection (3) of the Fair Work Act 2009.
- Unless in an emergency, all overtime worked must be authorised in writing in advance by the appropriate supervisor. Shift penalties will not apply where overtime is paid.
- Unless there is mutual agreement between the supervisor and the employee regarding flexible working arrangements, including but not limited to time-off-in-lieu, overtime is payable for all work in excess of the ordinary daily hours and for work done outside the ordinary span of hours for the position. Payment of overtime will be calculated to the nearest 15 minute block.
- Where flexible working arrangements apply, the maximum number of ordinary hours that can be worked each day before overtime applies will be 10 hours. Each day will stand alone.
- A casual employee will only be entitled to overtime where hours worked are in excess of 10 ordinary hours per day. Each day will stand-alone.
- An employee on HEO 8.1 or above will not be eligible to receive overtime payments provided that the University may in special circumstances pay overtime or grant time-off-in-lieu.
- If an employee is instructed to report for overtime on a day when he/she would not have to work, and on reporting for duty finds that there is no work, the employee will be paid three (3) hours overtime at the appropriate overtime rate.
- The following rates are to be paid to eligible employees for:
- all overtime worked where time off in lieu has not been mutually agreed; or
- ordinary hours worked on weekends/public holidays in which case time off in lieu does not apply.
- The provisions of Schedule 4 will apply to shift workers.
- An employee may choose, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer. This agreement should be in writing. A maximum of 35 hours may be accrued at any one time. The employee should take the time off within four weeks of working the time off in lieu of payment of overtime.
- If an employee takes time off in lieu of payment for overtime then time off in lieu accrues at the same rate as the overtime payment.
- Part-time employees who agree to work above their contract hours will either be entitled to time in lieu or be paid at time and one quarter until the number of ordinary hours for a full time employee have been worked, provided that normal overtime pay applies for work beyond 7 hours per day, 35 hours per week and outside the ordinary span of hours.
- Alternatively, a part time employee may elect to have a variation to their contract to reflect the changed hours, in which case sub clause 20.13 would not apply.
|Day Worked||Overtime/Loading Rate|
|Monday to Saturday||150% of the ordinary rate of pay for the first two hours; and 200% of the ordinary rate of pay thereafter.|
|Sunday||200% of the ordinary rate of pay|
|Public Holidays||250% of the ordinary rate of pay|
Time off in lieu of overtime
Part time - employees