Part J - General Staff Conditions

73. Overtime and Time in Lieu

73.1 Subject to this clause, all authorised time worked in excess of or outside of the ordinary hours of duty prescribed by clause 70 will be overtime and will be paid for at overtime rates in accordance with this clause .

73.2 Where the ordinary hours of duty are fixed, each day's work will stand alone in computing overtime and overtime rates will apply to all time worked in excess of or outside of the fixed hours.

73.3 Where daily ordinary hours of duty are flexible the total hours worked in a work cycle will be computed and overtime rates will apply to all time worked in excess of the ordinary hours of duty prescribed for the work cycle.

73.4 Any period of overtime which is continuous with ordinary duty and which extends beyond midnight will be deemed to have been performed on the day the overtime commenced.

73.5 Where overtime is not continuous with ordinary duty and involves duty before and after midnight, the overtime will be deemed to have been worked on the day for which the higher rate is payable.

73.6 Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime worked in a work cycle.

73.7 The salary of a staff member for the purposes of computation of overtime will not include shift work allowances or the casual loading but will include higher duties allowance and any other allowance in the nature of salary.

73.8 Payment for overtime calculated for any period in accordance with the provisions of this clause will not be subject to any limitation in amount within a work cycle as defined at clause 70.

73.9 Subject to clause 73.10 below, the following rates will apply in respect of overtime:

	Time worked	Overtime payment
Staff members other than shift staff members	Monday to Saturday inclusive	ordinary rate plus 50% for the first 3 hours and ordinary rate plus 100% thereafter;
Staff members other than shift staff members	Sunday	ordinary rate plus 100%;
All staff members	University holiday	ordinary rate plus 150%.
Shift staff members	Except on a holiday	ordinary rate plus 100%

73.10 A staff member in receipt of a salary in excess of that prescribed for the top of the scale for Higher Education Worker (HEW) level 7 will not be eligible to receive payment for overtime but will be allowed time off equivalent to the period of overtime worked. A staff member in receipt of a salary not exceeding that prescribed for the top of the scale for a Higher Education Worker (HEW) level 7 may, by mutual agreement between the staff member and the University reached prior to overtime being worked, take time off in lieu of overtime payment such time off being calculated in the same manner as is prescribed in sub-clause 73.9 above for payment for overtime worked. The process for taking time off in lieu of overtime will be in accordance with the existing relevant University Policy. There will be no entitlement to be paid for any accrued time off in lieu of overtime that has not been taken at the time of resignation or termination.

No Unreasonable Overtime

73.11 The University may require a staff member to work reasonable overtime and payment will be made in accordance with this clause. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working hours which are unreasonable having regard to:

any risk to staff health and safety;
the staff member's personal circumstances including any family responsibilities;
the needs of the University;
the notice (if any) given by the University of the overtime and by the staff member of his or her intention to refuse it; and
any other relevant matter.