This is the Issued [printed] version of
OVERTIME AND ASSOCIATED MEAL BREAKS
Section 11.02
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[OVERVIEW]
[REFERENCES]
[POLICY]
[PROCEDURES]
[SOURCES OF INFORMATION]
OVERVIEW
11.02.01 The University may require a full-time General staff member to
work reasonable overtime. Wherever possible, the staff member
shall be given at least forty eight hours' notice of any overtime
to be worked.
11.02.02 A part-time General staff member shall not be required to work
overtime but may do so by mutual agreement.
11.02.03 A General staff member whose salary exceeds the maximum rate
of salary for Level 8 shall not be entitled to the payment of
overtime or the granting of time off in lieu of overtime payments,
except in special circumstances.
REFERENCES
Macquarie University General Staff Enterprise Agreement 1997 Clause 7.03
Macquarie University General Staff Enterprise Agreement 1997 Clause 7.07
Macquarie University General Staff Enterprise Agreement 1997 Clause 4.06
11.02.04 A supervisor may require a full-time General staff member to work reasonable overtime. A part-time General staff member may work overtime by mutual agreement. General staff whose salary does not exceed the maximum rate of salary for Level 8 shall be paid for such overtime at the rates prescribed in this Section or granted time off in lieu of overtime payment as specified below.
11.02.05 A General staff member whose salary exceeds the maximum rate
of salary for Level 8 shall not be entitled to the payment of
overtime or the granting of time off in lieu of overtime payments
as a matter of course. However, the Head of Division, Centre or
Office may decide, in special circumstances, to either approve
the payment of overtime or grant time off in lieu of overtime
payment to such staff.
11.02.06 Wherever possible, a full-time staff member shall be given at
least forty eight hours' notice of any overtime to be worked.
Where such notice is not given, the staff member shall not be
required to work overtime where the staff member satisfies the
supervisor that there is good and sufficient reason why she or
he cannot work overtime that day.
11.02.07 When overtime is necessary it shall, wherever reasonably practicable,
be so arranged that staff have at least ten consecutive hours
off duty between the work of successive days.
11.02.08 A staff member, who works so much overtime between the termination of ordinary duty on one day and the commencement of ordinary duty on the next day that there is not at least ten consecutive hours off duty between those times, shall be released after completion of such overtime until she/he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. Such staff member shall not report for duty during the next period of ordinary duty before the expiration of a period of not less than ten hours off duty from the completion of the overtime worked, unless directed otherwise by the Head of Division, Centre or Office or supervisor.
11.02.09 If, on the instructions of the Head of Division, Centre or Office or supervisor, such a staff member resumes or continues work without having had such ten consecutive hours off duty, she/he shall be paid overtime rates until she/he is released from duty for such period. She/he shall then be entitled to be absent until she/he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
11.02.10 This provision shall apply in the case of shift workers as if
eight hours were substituted for ten hours when overtime is worked
for the purpose of changing shift rosters or where a shift worker
does not report for duty and a day worker or a shift worker is
required to replace such shift worker.
Casual Staff
11.02.11 Specific provisions relating to the working and payment of overtime
to casual General staff members can be found in Section 6.03 of the Personnel Management Handbook.
Other Staff
11.02.12 The provision in 11.02.13 for part-time staff allows for a distinction between circumstances
where additional hours up to the full-time level are worked on
a regular basis by part-time staff (which should result in a change
in the part-time fraction of employment - with the formal agreement
of the staff member) and where this is a less regular variation
in the hours worked.
11.02.13 For part-time staff, ordinary hours agreed to be worked in excess
of the contract hours shall be paid for at the rate of one and
one fifth times the ordinary rate of pay between Monday and Friday
and at the rate of one and one half times the ordinary rate of
pay on Saturday, up until the number of ordinary hours for a full-time
staff member have been worked. Thereafter, overtime shall be paid,
which shall be at the same rate as would apply to a full-time
staff member.
11.02.14 For full-time staff, all overtime worked between Monday and 12
noon on Saturday shall be paid for at the rate of one and a half
times the ordinary rate of pay for the first two hours and double
the ordinary rate of pay thereafter until completion of the overtime
work.
11.02.15 For overtime worked on Saturday after 12 noon payment shall be made at the rate of double time.
11.02.16 All overtime worked between midnight Saturday and midnight Sunday shall be paid for at double the ordinary rate of pay with a minimum payment of four hours. Where overtime is performed for essential work on Sundays for feeding animals, watering, etc., and such overtime is of a duration of less than three hours the minimum payment shall be for three hours. These minimum payments shall not apply in circumstances where the overtime worked on Sunday follows directly upon ordinary hours worked on the Sunday.
11.02.17 All overtime worked on a public holiday shall be paid at two
and one half times the ordinary rate of pay with a minimum payment
of four hours. Where overtime is performed for essential work
for feeding animals, watering etc., and such overtime is of a
duration of less than three hours, the minimum payment shall be
for three hours.
Minimum on Sunday or Public Holidays
11.02.18 Where Sunday or Public Holiday overtime is involved, it will
be expected that, wherever practicable, staff will work at least
4 hours except where the minimum of 3 hours payment is provided
for above.
11.02.19 Where a staff member reports for duty for prearranged overtime
on a day which they would not have been required to work and,
on reporting for duty on that day, finds that no overtime is available,
the staff member shall be paid three hours overtime at the overtime
rate for that day.
11.02.20 Each day's overtime shall stand alone and shall be calculated
to the nearest quarter of an hour.
11.02.21 Where a staff member performs duty in respect of which she/he
is entitled to receive any overtime payment and the staff member
is agreeable to the granting of time off in lieu of overtime payment,
the Head of Division, Centre or Office or other personnel delegate
may, instead of approving that overtime payment, grant to the
staff member time off for a period equivalent to the full overtime
payment in hours which would have been payable. For example:
11.02.22 Except in the case of staff above Level 8, where the Head of
Division, Centre or Office shall decide, time off in lieu of overtime
payment will be subject to mutual agreement, otherwise payment
will be made for such overtime.
11.02.23 The maximum number of hours of time off in lieu of overtime payments that may be accumulated by a staff member shall not exceed the number of hours in the staff member's ordinary working fortnight.
11.02.24 Accumulated time off in lieu of overtime payment shall be taken at a time mutually agreed upon between the staff member concerned and the supervisor, provided that the time off shall be taken within a period of six months from the time that the overtime was performed.
11.02.25 The monitoring of the use of this leave will occur within local
leave arrangements and no record of eligibility and use is maintained
in the Personnel Office. Time off in lieu of overtime payment
may be arranged to be taken in conjunction with other forms of
leave but pay in advance will not be provided for time taken in
lieu of overtime payment.
11.02.26 If circumstances require that time in lieu of overtime payment
to the credit of a staff member is subsequently to be paid instead
as overtime, an amended timesheet should be prepared and approved
for payment.
11.02.27 The parties have agreed to derive and include an alternative
basis for determining appropriate rates for meal allowances in
an Enterprise Agreement.
11.02.28 If more than two hours overtime are worked after normal finishing time Monday to Friday, a meal break of not less than thirty minutes shall be taken as soon as possible after the normal finishing time.
11.02.29 If more than four hours overtime are worked Saturdays, Sundays
or Public Holidays, a meal break of not less than forty minutes
nor more than one hour shall be taken. (See also Section 11.03.04)
11.02.30 Overtime rates shall not be payable for meal breaks.
11.02.31 The meal allowances are as follows:
PROCEDURES
11.02.32 Overtime and meal allowances should be claimed by filling out
the General Staff Timesheet (Form 14.01a). This also provides for the recording of the decision to accept
time off in lieu of overtime payments but the taking of this time
is to be monitored at the local level. If a timesheet shows only
time off in lieu it is not to be forwarded to the Personnel Office.
SOURCES OF INFORMATION
Helen Siluk, Personnel Office (9761)
Gail Flint, Personnel Office (9787)