24.1 Subject to 24.2 the University may require an employee to work reasonable overtime at overtime rates.
24.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
24.2.1 any risk to employee health and safety;
24.2.2 the employee’s personal circumstances including any family responsibilities;
24.2.3 the needs of the workplace or enterprise;
24.2.4 the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
24.2.5 any other relevant matter.
24.3 All work performed by direction of the Head or by a duly authorised senior employee -
24.3 (a) before the normal starting time or after the normal finishing time on any working day, Monday to Friday inclusive or on a Saturday, Sunday or holiday, by an employee who works the normal hours of duty as stated in this Agreement;
24.3 (b) before the starting time or after the finishing time of the ordinary rostered hours of duty on any day when rostered off duty by an employee who is required to work rostered hours of duty in accordance with the provisions of clause 28, Shift Work – Conditions and Allowance as provided in this Agreement
shall be classed as overtime and, subject to the provisions of this clause, shall be paid for at the hourly rate prescribed by subclause 24.5 of this clause.
24.4 An employee who is required to work rostered hours of duty in accordance with the provisions of clause 28, Shift Work – Conditions and Allowance as provided in this Agreement, shall not be paid at overtime rates for work performed during ordinary rostered hours of duty on a Saturday, Sunday or holiday.
24.5 (a) Payment for overtime shall be calculated on an hourly basis in accordance with the formulae -
| Weekdays |
For the first three hours on any one week day |
fortnightly salary x 3
75 2 |
| |
After the first three hours on any one week day |
fortnightly salary x 2
75 1 |
| Saturdays |
For the first three hours on any Saturday |
fortnightly salary x 3
75 2 |
| |
After the first three hours or after 12 noon, whichever is the earlier, on any Saturday |
fortnightly salary x 2
75 1 |
| Sundays |
|
fortnightly salary x 2
75 1 |
| Holidays: |
Employees referred to in subclause 24.3 (a):
During normal hours of duty (in addition to the normal day’s pay) -
During hours outside of normal hours of duty - |
fortnightly salary x 3
75 2
fortnightly salary x 5
75 2 |
| |
Employees referred to in subclause 24.3 (b):
During ordinary rostered hours of duty –
During hours outside of ordinary rostered hours of duty - |
NIL
fortnightly salary x 5
75 2 |
24.5 (b) For the purpose of this subclause “fortnightly salary” shall not include any personal allowance, special allowance or higher duties allowance unless otherwise approved by the Vice-Chancellor. Provided that a special allowance or higher duties allowance shall be included in “fortnightly salary” when overtime is worked on duties for which these allowances are specifically paid.
24.6 Time off in lieu of payment may be granted where the employee so elects in writing. The time off will be determined on an hourly basis by dividing the amount to which the employee would otherwise be entitled at the prescribed rate by the employee’s normal hourly rate of pay.
24.7.1 Where an employee is required to work overtime on a regular basis a commuted overtime allowance may be agreed. Such allowance may only be established with the express agreement of both the employee and the University.
24.7.2 In negotiating or reviewing the allowance the employee may request the involvement of an employee representative.
24.7.3 The allowance will be based on the overtime provisions contained in this clause and will have regard for the anticipated hours of overtime to be worked. The basis of the calculation will be recorded and signed by the employee and his/her supervisor.
24.7.4 Any allowance agreed will be reviewed at the request of either the employee or the University and in any event, at least every 12 months from the date the allowance commenced.
24.7.5 Any allowance agreed will not be superannuable and will not be included in the calculations of annual recreation leave loading.
24.8 No claim for payment or time off in lieu under the provisions of this clause shall be allowed in respect of any day on which the additional time worked amounts to less than 30 minutes. Provided that no employee shall be directed to work than less 30 minutes.
24.9 An employee who is required to return to duty —
24.9.1 on a Saturday, Sunday or holiday, shall be entitled to payment for overtime at the prescribed rate for a minimum period of three hours; or
24.9.2 before or after the prescribed hours of duty on any week day, shall be entitled to payment for overtime at the prescribed rate for a minimum period of —
one and a half hours when prior notice has been given,
and
two and a half hours when prior notice has not been given.
For the purposes of this subclause, where an employee is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.
24.10 The provisions of subclause 24.9 of this clause shall not apply in cases where it is customary for an employee to return to the place of employment to perform a specific job outside the prescribed hours of duty or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of prescribed hours of duty.
24.11 Where an employee is directed to work overtime at a place other than the usual headquarters and the time spent in travelling to and from that place is in excess of the time normally spent in travelling to and from the usual headquarters then such excess time shall be deemed to form part of the overtime worked.
24.12 Except as provided in subclause 24.10 of this clause, payment for overtime or the granting of time off in lieu of overtime shall not be approved in respect of:
24.12.1 an employee whose maximum salary, or maximum salary and allowance in the nature of salary, exceed(s) the amount determined from time to time as set out for Level 7 in Schedule A – Classification Salary and Structures;
24.12.2 an employee whose work is not subject to close supervision.
24.13.1 Notwithstanding the provisions of subclause 24.12 of this clause, where from the nature of the duties required or from other relevant circumstances it appears just and reasonable, any such employee as is referred to in that subclause shall, with the special approval of the Vice-Chancellor, be paid overtime or granted time off in lieu as prescribed by subclause 24.2 or 24.6 respectively, of this clause.
24.13.2 When an employee not subject to close supervision is directed by the Head or by a duly authorised senior employee to carry out specific duties involving the working of overtime, and provided such overtime can be reasonably determined, such employee shall be entitled to payment or time off in lieu of overtime worked in accordance with subclause 24.2 and 24.6, respectively, of this clause.
24.14.1 Where an employee performs overtime duty after the time at which the employee’s normal hours of duty end on one day and before the time at which the employee’s normal hours of duty are to commence on the next succeeding day for a period which results in the employee not being off duty between these times for a continuous period of not less than ten hours, the employee is entitled to be absent from duty without loss of salary until, from the time of ceasing overtime duty, the employee has been off duty for a continuous period of ten hours. Provided that when an employee is required to return to or continue work without such break the employee shall be paid at double the ordinary rate until released from duty, until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
24.14.2 The provisions of this subclause shall not apply to employees on call.
24.15 Where an employee is required to work a continuous period of overtime which extends past midnight into the succeeding day, the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of payment provided for in subclause 24.2 of this clause.
24.16 Where overtime is cancelled with less than four (4) hours' notice, an allowance of one (1) hour’s pay at the appropriate overtime rate shall be paid.
24.17 A break of at least 30 minutes, which shall not be reckoned as overtime, shall be made for meals between 7.00 am and 8.45 am, between 12.00 noon and 2.00 pm and between 4.30 pm and 6.30 pm when overtime is performed. Except in the case of an emergency, an employee shall not be compelled to work more than five hours’ overtime duty without a meal break. At the conclusion of a meal break the calculation of the five hour limit recommences.
24.18 An employee required to work overtime who purchases a meal shall be reimbursed for each meal purchased at the rate shown below, provided that the overtime worked when such a meal is purchased totals not less than two hours. Such reimbursement shall be in addition to any payment for overtime to which the employee is entitled.
| |
$ |
Morning meal
Midday meal
Evening meal |
8.58
10.55
12.69 |
These allowances will be varied on an annual basis each July to give effect to movements to the CPI Index for the March quarter of the relevant year.
| 
