5.3 Working Arrangements Professional Staff

5.3.1 Principles

5.3.1.1 A fundamental principle underpinning these arrangements is that they must provide for enhanced and flexible operations of the University. These arrangements may accommodate staff members' needs, for example but not limited to, family matters, medical appointments, and transport disruptions.

5.3.1.2 The nature of particular working arrangements for working flexibly will be subject to the operational convenience of the work unit and must be approved by the relevant nominated supervisor of the work unit.

5.3.1.3 To support the operations of the University a supervisor will determine the actual hours to be worked by a professional staff member within the University arrangements for working flexibly as applicable as outlined in clause 5.3.2.

5.3.1.4 A staff member may not be unreasonably required to work a pattern of working hours or to change an established pattern of working hours if there are good and sufficient reasons why they may not be able to accommodate such a requirement. These good and sufficient reasons may include (but are not limited to) elder, child or dependent care arrangements.

5.3.2 Hours of Work - Professional Staff

5.3.2.1 A professional staff member, including a shift worker and the nominated supervisor may develop equitable working arrangements within the following parameters:

1. the normal weekly ordinary hours of work shall be thirty-five (35) hours. However, the maximum number of ordinary hours a staff member may be permitted to work in any week is forty-five (45) hours, subject to subclauses (vii) or (viii) below;
2. the maximum number of ordinary hours a staff member may be permitted to work on any one day is nine (9) hours;
3. the normal daily span of ordinary hours to be worked under these arrangements will be 8:00 am to 6:00 pm, Monday to Friday;
4. where it is essential to maintain a University service or activity, the normal daily span of ordinary hours will be 7:30 am to 7:00pm (and the University will inform the staff member of this upon engagement);
5. except in an emergency situation, a professional staff member will normally be given forty-eight (48) hours' notice if they are required to work during the period 7.30 am to 8:00 am or 6:00 pm to 7.00pm;
6. with the approval of the Member of the Executive, a professional staff member may work ordinary hours outside the normal span of ordinary hours provided that they are not required to do so under this provision, subject to a written request and written approval;
7. a professional staff member will normally work an average of one hundred and forty (140) hours over a four (4) week cycle;
8. part-time professional staff will work the hours specified in their contract of employment over a four (4) week cycle. The maximum normal weekly ordinary hours of work for casual professional staff will be thirty-five (35) hours; and,
9. the ordinary hours of work for caretaking/cleaning/gardening/security staff shall be worked between 6:00 am to 10:00 pm, Monday to Friday.

5.3.2.2 The nature of particular working arrangements will be subject to the operational convenience of the work unit and must be approved by the relevant Member of the Executive on the recommendation from the National Head of School/Manager of the work unit.

5.3.2.3 A professional staff member may, by mutual agreement with their supervisor, work more or less than the weekly hours allowed for by this Agreement provided that, at the end of the four (4) week cycle, the total hours worked equates to the appropriate fraction of employment.

5.3.2.4 To accommodate peak workload demands at specified times in the year, a staff member may work more than the normal weekly hours allowed for by this Agreement, up to a maximum of forty (40) hours per week, and less at other times in the year so that across the year the average normal weekly hours are worked. These arrangements will be documented and agreed at the beginning of each year.

5.3.3 Meal Breaks and Rest Pauses - Professional Staff

5.3.3.1 A professional staff member will not be required to work for more than five (5) consecutive hours, without taking an unpaid meal break of at least thirty (30) minutes and up to a total of twenty (20) minutes in aggregate a day may be taken for morning and afternoon tea breaks. Such breaks are to be taken at a time that does not interfere with the effective functioning of the work unit.

5.3.4 Shiftwork - Professional Staff

5.3.4.1 The provisions of this clause will not apply to a casual staff member¹ nor to any professional staff member in receipt of a salary in excess of that for Level 7, as set out in Part B of Schedule 1. The payment of a shift penalty will be subject to the time of commencement of the particular shift as defined in the University policy on shiftwork payments.

5.3.4.2 All authorised work on shiftwork will be paid at the percentage of the ordinary rate per hour in accordance with the following table:

5.3.4.3 Where a staff member is employed with stated terms to work on a rostered basis outside of the normal span of hours as defined in clause 5.3.2.1 they are entitled to an additional one week of recreational leave in accordance with clause 3.11.

5.3.4.4 The management of shiftwork will be in accordance with the University policy and procedures for shiftwork.

5.3.5 Overtime - Professional Staff

5.3.5.1 The University may direct a staff member to work a reasonable amount of overtime, unless the staff member has reasonable grounds for not working the overtime. In determining whether additional hours are reasonable or unreasonable, the following must be considered:

1. Any risk to employee health and safety from working the additional hours;
2. The staff member's personal circumstances, including family responsibilities;
3. The needs of the work unit in which the staff member works;
4. Whether the staff member is entitled to receive overtime payments, penalty rates or other compensation for, or they receive a level of remuneration that reflects an expectation of, working additional hours;
5. The notice (if any) given by the University of any request or requirement to work the additional hours;
6. The notice (if any) given by the staff member of their intention to refuse to work the additional hours;
7. The usual patterns of work in the work unit;
8. The nature of the staff member's role, and the staff member's level of responsibility;
9. Whether the additional hours are in accordance with the averaging provisions included in this Agreement;
10. Any other relevant matter.

5.3.5.2 All authorised time worked will be treated as overtime and will be paid at the percentage of the ordinary rate per hour in accordance with the following Table.

5.3.5.3 The management of overtime will be in accordance with the University policy and procedures for overtime. Staff members who are directed to work overtime are required to record their starting and finishing times and the timing of any breaks taken during the period of overtime.

5.3.6 On-Call Arrangements - Professional Staff

5.3.6.1 The following arrangements will apply to the rostering of professional staff who are required by the University to be placed on-call to attend to a critical problem which might occur out of the span of hours provided for under sub-clause 5.3.2.1. A staff member who is "on-call" will not be required to remain at their home, but will be readily contactable.

5.3.6.2 On-call work will be paid at the percentage of the ordinary rate per hour in accordance with the following table.

5.3.6.3 The management of On-Call arrangements will be in accordance with the University policy and procedures for On-Call arrangements.

¹ Casual professional staff undertaking shift work (including non-rotating night shifts and Saturday and Sunday shifts) will be paid for that work such that they receive at least the payment they would be entitled to under the Higher Education Industry – General Staff – Award 2020 for the same work.