Hours of work
Professional employees will be allocated work which is manageable within the employee’s ordinary hours of work and employees will not be required to work excessive overtime. No employee will be required to work extended or continuous periods of overtime as a regular pattern of work allocation.
When allocating work to professional employees, the University will consider a number of factors, including, but not limited to, the employee’s ordinary hours of work, the University's span of hours, rest pauses, meal breaks, overtime and penalty rates, time off in lieu arrangements, and leave arrangements.
The ordinary hours of work for professional employees (including casual employees) will be an average of thirty-five (35) hours per week subject to the following:
Ordinary hours are to be worked between 8:00 am and 6:00 pm Monday to Friday other than;
The maximum number of ordinary hours an employee may be permitted to work on any one day is nine (9) hours and in any one week is forty-two (42) hours subject to the overtime provisions of this Agreement;
An employee may request to work ordinary hours outside the normal span of ordinary hours via an agreed Flexible Work Arrangement.
Breaks
Meal break – A professional employee 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. Subject to their supervisor’s approval, an employee can request to take up to a maximum of 2 hours (120 minutes) as an unpaid meal break.
Rest break – A professional employee is entitled to a total of twenty (20) minutes a day for paid 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.
Overtime
The University may direct an employee to work a reasonable amount of overtime, unless the employee has reasonable grounds for refusing to work overtime. In determining whether additional hours are reasonable, the following must be considered:
Any risk to the employee’s health and safety from working the additional hours;
The employee’s personal circumstances, including family responsibilities;
Whether the employee is entitled to receive overtime payments, or other compensation that reflects an expectation of working additional hours;
The notice given by the University of any request or requirement to work the additional hours;
The notice (if any) given by the employee of their intention to refuse to work the additional hours;
The usual patterns of work in the work unit;
Any other relevant matter.
A professional employee is entitled to the payment of overtime if they are required to work:
In excess of the number of agreed or rostered hours on any one day;
In excess of nine (9) hours per day, forty-two (42) hours per week, or seventy (70) hours per fortnight;
Outside of their span of hours;
On a public or University Concessional holiday.
Professional employees who are reasonably 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.
Overtime will be calculated daily and paid as follows:
All overtime worked Monday to Friday will be paid at 150% of the employee’s ordinary rate for the first three
(3) hours, and at 200% of the employee’s ordinary rate thereafter;
All overtime worked on a Saturday will be paid at 150% of the employee’s ordinary rate for the first three (3)
hours, and at 200% of the employee's ordinary rate thereafter;
All overtime worked on a Sunday will be paid at 200% of the employee’s ordinary rate;
All overtime worked on a public holiday will be paid at 250% of the employee’s ordinary rate;
Any employee required to work on a University Concessional holiday will be paid at 150% of the employee’s
ordinary rate for the first three (3) hours, and at 200% of the employee’s ordinary rate thereafter.
Overtime meal breaks and meal allowances
Eligible employees will be entitled to an overtime meal allowance in accordance with the circumstances and rates specified in Schedule 3.
Rest relief after overtime
An employee required to work overtime in circumstances where there is not a break of at least ten (10) consecutive hours between the cessation of one period of duty and the commencement of the next ordinary period of duty is entitled, without any loss of pay, to take a rest period of at least ten (10) consecutive hours.
An employee required by the University to resume or continue work without having had at least ten (10) consecutive hours off duty, will be paid at 200% of the employee’s ordinary rate until released from duty for at least ten (10) consecutive hours and such release shall be without loss of pay.
Time-in-lieu
If an employee is reasonably directed to work overtime, the employee may request to take time off in lieu of overtime payment. Such time off is to be calculated in the same manner as is prescribed in sub-clause 4.3(c)(iv).
An employee may accumulate up to a maximum of twenty-eight (28) hours’ time-in-lieu after which payment must be made for any additional overtime worked. All accrued time-in-lieu is to be cleared within three (3) months of accrual unless otherwise agreed between the employee and their supervisor. If the time off in lieu of overtime is not cleared within three (3) months (in the absence of any other agreement) or when the employment ends the employee shall be paid out at the overtime rates at 4.3 c) (iv).
On call arrangements
The following arrangements will apply to the rostering of professional employees who are required by the University to be placed on call to attend to a critical problem which might occur outside of the span of hours provided for under sub-clause 4.3(a)(iii). An employee who is “on call” will not be required to remain at their home but will be readily contactable.
On call allowance
An employee who is on call work will be paid 15% of their ordinary rate per hour in accordance with the following provisions.
If an employee is placed on call during a twenty-four (24) hour period that includes a rostered work shift, the on call allowance is paid on the ordinary daily hours worked by the employee on that day (i.e. on call allowance of 15% is paid in addition to ordinary daily hours).
If an employee is placed on call during a twenty-four (24) hour period that does not include a rostered work shift, no payment for ordinary daily hours is applicable on that day and only the on call allowance of 15% is paid. The number of hours of on call allowance payable shall be seven (7) hours, unless the employee is engaged on a part-time or casual basis and normally works less than seven (7) ordinary daily hours.
If an employee is placed on call for a period of less than 24 hours, the on call allowance will be paid at 15% on hours rostered in the work shift immediately preceding the period of on call arrangements, subject to a maximum of seven (7) ordinary daily hours.
For the purposes of calculating superannuation entitlements, an on call allowance is not subject to superannuation.
Payment of Overtime for Employees On Call
Shiftwork
The payment of a shift penalty to a shift worker, will be subject to the time of commencement of the particular shift as defined below.
Penalty rates are not cumulative. Where an employee is entitled to more than one penalty rate or an overtime loading, the employee will be entitled to the highest single penalty rate.
Definitions:
| Term | Definition |
|---|---|
| Shift Roster | Means a sequence of shifts in a roster normally worked by an employee - normally recurring cycle of 5 days on; 2 days off |
| Ordinary Time Shift | Means any period of work starting after 7:30am and finishing at or before 7:00pm for which no shift allowance applies |
| Afternoon Shift | Means any shift finishing on or after 7:01pm and at or before midnight |
| Night Shift | means any shift finishing after midnight and at or before 7:30am |
| Night Shift (non-rotating) | Refers to a shift pattern in which only nights shifts are worked |
| Broken Shift | Means an ordinary time shift worked in two periods of duty on one day during the hours 7:30am to 7:30pm |
| Double Shift | Occurs when an employee is required to work two consecutive shifts, or any portion of a second consecutive shift |
All authorised work on shiftwork will be paid at the percentage of the ordinary rate per hour in accordance with the following table:
| Shift | Hourly Loading |
|---|---|
| Afternoon, night or broken shift – Monday to Friday | 15% |
| Non-rotating night shift | 30% |
| Rostered or required: | |
| Saturday | 50% |
| Sunday | 100% |
| Public Holiday | 150% |
| Double shift: | |
| Initial shift Monday to Friday | 15% |
| Initial shift Saturday | 50% |
| Initial shift Sunday | 100% |
| Initial shift Public Holiday | 200% |
| Second shift | Appropriate overtime rates and meal allowance (if an unpaid meal break is taken in accordance with the conditions set out in sub-clause 4.3(b)(i)). |
| Broken shift | Not more than two (2) periods of duty shall be worked in any one (1) broken shift and paid for a minimum of two (2) hours per start |
Where a shift worker:
is employed with stated terms to work on a rostered basis outside of the normal span of hours as defined in sub-clause 4.3(a)(iii) they are entitled to an additional one (1) week of recreational leave in accordance with clause 5.2;
normal rostered day off duty falls on a public holiday shall be granted one (1) additional day of leave in lieu of such holiday.
An employee who without seventy-two (72) hours’ notice is transferred to another shift, shall be paid 150% of the ordinary rate per hour, in the circumstance that the employee is transferred to an afternoon or night shift (during Monday to Friday). This allowance shall be payable in lieu of the afternoon or night shift allowance payable.
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