Australian National University Enterprise Agreement 2003-2006

Part Three — Employment Conditions | Section 2 — Hours of Work and Workloads

27. Overtime

27.1 'Overtime' is work which is performed at the direction of the supervisor and which is:

27.1(a) in excess of the ordinary number of hours of work as defined in sub-clause 26.1.2; and/or

27.1(b) required to be worked outside the span of hours as defined in sub-clause 26.2.

27.2 Rates of overtime pay

27.2.1 Subject to sub-clauses 27.2.2, 27.2.3, 27.2.4 and 27.2.5, general staff members, including casuals, who are eligible to be paid for overtime, will be paid in accordance with the following table.

27.2.2 A cleaner or security officer who is not a shift worker, or is a shift worker not rostered to work on a Saturday, will receive 200% of his or her ordinary hours rate of pay for all hours worked on a Saturday.

27.2.3 The following categories of part time or casual staff members will not be paid overtime rates for work outside of the span of hours defined in sub-clause 26.2:

27.2.3(a) examination invigilators;

27.2.3(b) field interviewers; or

27.2.3(c) staff member employed in the Library, the Drill Hall Gallery or the ITA Gallery.

27.2.4 A staff member referred to in sub-clause 27.2.3 will be paid:

27.2.4(a) 250% of his or her applicable hourly rate for work performed on a public holiday; and

27.2.4(b) at the overtime rates provided for in sub-clause 27.2.1 for overtime worked in accordance with paragraph 27.1(a).

27.2.5 An observatory night assistant will not be paid at the overtime rates prescribed in 27.2.1, but will be paid at the following rates for all time worked in excess of 70 hours in a fortnight:

27.2.5(a) 150% of the ordinary hours pay rate for the first 8 hours of overtime; and

27.2.5(b) 200% of the ordinary rate thereafter.

27.2.6 A casual staff member receiving any of the overtime rates provided for in this clause is not eligible to be paid the casual loading referred to in sub-clause 12.3 for overtime work.

27.3 Eligibility for overtime pay

27.3.1 Subject to sub-clause 27.3.2, a staff member will be eligible to receive the rates of pay prescribed in sub-clause 27.2 where:

27.3.1(a) the staff member is employed at or below the ANU Officer 7 level; and

27.3.1(b) the requirement to work overtime was directed by the supervisor prior to the overtime being worked;

27.3.2 The rates of pay prescribed in sub-clause 27.2 will not apply where a flexible working arrangement in accordance with clause 30 applies and where the work can be accommodated within that arrangement (including where the staff member is in receipt of an overtime allowance in accordance with sub-clause 27.4).

27.3.3 Where a shift worker works overtime, the overtime rate prescribed in sub-clause 27.2 will be in substitution for and not cumulative upon a shift loading.

27.3.4 A shift worker will be paid at the ordinary time rate, exclusive of penalty rates, for a public holiday which falls on any Monday to Friday inclusive, except that he or she will be paid at the public holiday rate for time actually worked on that day.

27.4 Overtime allowance

27.4.1 A staff member who works regular overtime may be paid an overtime allowance in lieu of the overtime payments prescribed at sub-clause 27.2, to compensate for all overtime worked.

27.4.2 The delegate may approve payment of an overtime allowance to a staff member above the level of ANU Officer 7 level where that staff member's duties necessitate long working hours and/or significant hours of work outside the normal span of hours.

27.5 Overtime conditions

Requirement to work overtime
27.5.1 A staff member may be required to work reasonable overtime. However, where a staff member has personal commitments or personal circumstances arise, and where the nature of those commitments or circumstances are such that it would be unreasonable for the University to prevent the staff member from attending to them, the staff member may refuse to work outside his or her span of hours.

Availability duty
27.5.2 The University may place a staff member on availability duty on a daily basis. A staff member on availability duty must remain able to be contacted by telephone and attend the University as required within an agreed time.

27.5.3 A staff member employed at the ANU Officer 7 level or below, is entitled to an allowance in accordance with S4.4 of Schedule 4 for the period for which he or she is on availability duty.

Notice periods
27.5.4 A staff member will be paid a short call allowance at the level specified in S4.4 of Schedule 4 where the staff member:

27.5.4(a) is not on availability duty;

27.5.4(b) is required to work overtime on a Sunday or public holiday; and

27.5.4(c) has received less than 24 hours' notice of that requirement.

27.5.5 In addition to the circumstances listed at sub-clause 27.5.4, where a staff member is directed to immediately attend an emergency situation, regardless of the day upon which that requirement falls, he or she will be paid the short call allowance at S4.4 of Schedule 4.

27.5.6 A staff member is entitled to 6 hours' notice of cancellation of overtime. Where notice is less, the staff member will be paid a cancellation allowance at the level specified in S4.4 of Schedule 4.

Additional meal break
27.5.7 Subject to sub-clause 29.1.3 a staff member who is required to work overtime may be entitled to an additional meal break.

Time off in lieu of overtime payment
27.5.8 Time off in lieu of an overtime payment (for a period equivalent to the overtime rate) may be taken at the request of the staff member with the agreement of the supervisor.

Overtime not continuous with ordinary hours
27.5.9 Where a staff member, who is not paid an availability allowance, is required to work overtime that is not continuous with his or her ordinary hours, the staff member is entitled to:

27.5.9(a) be paid for a minimum of 4 hours at the appropriate overtime rate; and

27.5.9(b) a travelling allowance at the rate specified in S4.4 of Schedule 4.

27.5.10 Sub-clause 27.5.9 will not apply where the interval between the completion of the staff member's ordinary hours and the commencement of overtime is a meal break of not more than 2 hours which has been agreed between the staff member and his or her supervisor.

27.5.11 A staff member who is paid an availability allowance and who is required to work overtime that is not continuous with his or her ordinary hours is entitled to be paid for a minimum of 3 hours at the appropriate overtime rate, calculated from the time at which the staff member was called to return to work. If more than one attendance is required, the amount paid will not be more than that which would have been paid had the employee remained at work for the whole period.

Rest relief after overtime
27.5.12 A staff member who works approved overtime is entitled to a minimum of 9 hours between the termination of work on one day and the commencement of duty the next day. Where the staff member's ordinary working time commences less than 9 hours after the staff member has finished work, he or she will not be required to attend work until that period has elapsed but will be paid in full for those hours which would ordinarily be worked on that day.

27.5.13 In circumstances where it is impossible to release a staff member for 9 consecutive hours, the staff member will be paid double time for all hours worked until able to take a 9-hour break.

Assistance with transport
27.5.14 Where a staff member is required at short notice to work until it is too late to travel by the last public transport or other regular means of commuting to his or her usual place of residence, the University will provide proper transport free of charge.

Overtime coinciding with daylight savings changeovers
27.5.15 Where a staff member is performing overtime work at the time of a changeover from standard time to summer time, or vice versa, payment will be made in respect of elapsed time.

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