Conditions applying in common to all trades and services staff

This Part shall apply in common to all trades and services staff except where otherwise expressly provided.

Section 4 - Hours of Work, Breaks, Overtime, Shift Work, Weekend Work

35. Overtime

35.1 Definition of overtime

All time worked either:

• outside the staff member's specified span of hours (where applicable); or
• in excess of 7.6 hours in a day plus any time worked for RDO accrual purposes; or
• in excess of 38 hours from midnight Sunday to midnight of the following Sunday

shall be regarded as overtime.

35.2 Payment of overtime

Except where otherwise provided in this Agreement, the following rates shall apply for the payment of overtime worked calculated to the nearest quarter of an hour of the total amount of overtime worked in a fortnightly payroll period:

Overtime worked any time Monday to Saturday inclusive - time and a half for the first two hours and double time thereafter, such double time rate to continue until the completion of the overtime work; and

Overtime worked on a Sunday - double time.

35.3 Time off in lieu of payment of overtime

Where a staff member has worked overtime, he/she shall be paid for such overtime except where there is agreement between the staff member and his/her supervisor to take time off in lieu of payment of overtime. Any agreed time off in lieu of payment of overtime shall be equivalent to the hours of overtime worked multiplied by the appropriate overtime penalty rate, and the supervisor shall be responsible for ensuring that the staff member is given the opportunity to take any time accrued as soon as operationally convenient.

Provided that a staff member in receipt of a salary in excess of that prescribed for the top of the scale for HEW level 7 shall not be eligible to receive payment for overtime but shall be allowed time off equivalent to the period of overtime worked.

35.4 Overtime meal allowance

After working 10 hours on any day as one continuous period, including any ordinary time worked, a staff member shall be entitled to an unpaid meal break of 30 minutes and to be paid an overtime meal allowance of $16.10, provided that he/she is required to resume working overtime after that meal break.

If the overtime continues for a further 5 hours after the meal break, a further unpaid meal break of 30 minutes shall be taken and another overtime meal allowance of $16.10 shall be paid, provided that the staff member is again required to resume working overtime after that subsequent meal break.

Provided further that such meal breaks may be deferred in emergency situations.

35.5 Standing by

A staff member required to hold himself/herself in readiness to work after ordinary hours shall until released be paid standing-by time at the ordinary rate of pay from the time which he/she departs the premises of the University after he/she is told to hold himself/herself in readiness.

35.6 Recall to duty

Where a staff member is recalled to work overtime after leaving the premises of the University (whether notified before or after leaving the premises) and he/she returns to the premises of the University to perform such overtime, he/she shall be entitled to be paid for a minimum of three hours' work at the appropriate rate(s) except where otherwise provided elsewhere in this Agreement.

Provided that:

• the above minimum payment provision shall not apply where it is customary for the staff member to return to the University's premises to perform a specific job outside his/her ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of the staff member's ordinary working hours;
• the above minimum payment provision does apply to overtime worked on a Saturday and/or Sunday where such overtime is not continuous with ordinary working hours and except where otherwise provided elsewhere in this Agreement;
• the staff member shall not be required to work the full three hours if the job he/she was recalled to perform is completed within a shorter period; and
• where more than one overtime attendance is involved in a three-hour period, the above minimum payment provision shall not operate to increase the overtime payment beyond that which would have been payable had the employee remained on duty from the time of commencing one attendance to the time of ceasing a subsequent attendance.

35.7 Rest period after overtime

35.7.1 A staff member required by the University to work so much overtime that there is not a break of at least 10 consecutive hours plus reasonable travelling time between the cessation of one period of duty and the commencement of the next ordinary period of duty shall be released after completion of the overtime duty for a period of not less than 10 consecutive hours plus reasonable travelling time and such release shall be without any loss of pay for scheduled ordinary duty occurring during such absence.

35.7.2 Notwithstanding the above, a staff member required to resume or continue work without having had at least 10 consecutive hours plus reasonable travelling time off duty shall be paid at the rate of double time until released from duty for not less than 10 consecutive hours plus reasonable travelling time off duty and such release shall be without loss of pay for any scheduled ordinary duty occurring during such absence.

35.7.3 For the purposes of this clause, “reasonable travelling time” shall mean the period of time normally required to travel from the place of residence of the staff member to his/her normal workplace and back.

35.8 Requirement to work reasonable overtime

The University may require a staff member to work reasonable overtime and such employee shall work overtime in accordance with such requirement. Provided that the primary care-giving responsibilities of the staff member shall be taken into account for the purposes of this clause.