The Varied Australian National University Enterprise Agreement 2005 – 2008

Schedule 3 – Overtime, Shift Work, Loadings and Allowances

S3.2 Overtime

S3.2.1 Overtime Allowance Eligibility
A staff member who works regular overtime may be paid an overtime allowance in lieu of the overtime payments prescribed at S3.2.3, to compensate for all overtime worked. The delegate may approve payment of an overtime allowance to a staff member at ANU Officer 8 level or above where that staff member's duties necessitate long working hours and/or significant hours of work outside the normal span of hours.

S3.2.2 Exceptions for overtime payments
A general staff member will be eligible to receive the rates of pay prescribed in S3.2.3 except where the staff member is employed at ANU Officer 8 level or above; a flexible working arrangement in accordance with clause 22 applies and where the work can be accommodated within that arrangement; the staff member is in receipt of an overtime allowance in accordance with S3.2.1; or the staff member requests time off in lieu of an overtime payment (for a period equivalent to the overtime rate) with the agreement of the supervisor.

S3.2.3 Rates of overtime pay
Subject to S3.2.3(a) - S3.2.3(d) general staff members, including casuals, who are eligible to be paid for overtime and directed by their supervisor prior to the overtime being worked, will be paid in accordance with the following table.

S3.2.3 (a) 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. 

S3.2.3 (b) 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.

S3.2.3 (c) Examination invigilators, field interviewers, Library, Drill Hall Gallery or School of Art Gallery staff members employed on a part time or casual basis will not be paid overtime rates for work outside of the span of hours defined in 21.2.  These categories of staff will be paid 250% for work performed on a public holiday and at the overtime rates for overtime worked in excess of the ordinary number of hours of work defined in 21.1.

S3.2.3 (d) An observatory night assistant will not be paid at the overtime rates prescribed above, but will be paid 150% of the ordinary hours pay rate for the first 8 hours of overtime and 200% of the ordinary rate thereafter for all time worked in excess of 70 hours in a fortnight.

S3.2.4 A casual staff member receiving any of the overtime rates provided for in S3.2.3 is not eligible to be paid the casual loading referred to in 17.4.3 for overtime work. Where a shift worker works overtime, the overtime rate prescribed in S3.2.3 will be in substitution for and not cumulative upon a shift loading.

S3.2.5 Availability duty
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. Payment will be made in accordance with S3.6.4.

S3.2.6 Notice periods
A staff member will be paid a short call allowance at the level specified in S3.6.4(b) where the staff member is not on availability duty; is required to work overtime on a Sunday or public holiday; and has received less than 24 hours' notice of that requirement. In addition 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.

S3.2.7 Cancellation allowance
A staff member is entitled to 6 hours' notice of cancellation of overtime.  Where notice is less, the staff member will be paid the specified cancellation allowance in S3.6.4(b).

S3.2.8 Additional meal break
Subject to S4.7 a staff member who is required to work overtime may be entitled to an additional meal break.

S3.2.9 Overtime not continuous with ordinary hours
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 be paid for a minimum of 4 hours at the appropriate overtime rate; and a travelling allowance at the rate specified in S3.6.4(b). However, this 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.

S3.2.10 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.

S3.2.11 Rest relief after overtime
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.

S3.2.12 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.

S3.2.13 Assistance with transport
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.

S3.2.14 Overtime coinciding with daylight savings changeovers
Where a staff member is performing overtime work at the time of a changeover from standard time to summer time, or the reverse, payment will be made in respect of elapsed time.

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