27. Overtime and overtime allowances for professional staff

27.1.  Overtime is work which is performed at the direction of the supervisor and which is in excess of the ordinary number of hours of work or is required to be worked outside the span of hours as defined in clause 19 (Ordinary hours of work for professional staff). 

27.2.  A staff member may be required to work reasonable overtime.  Where a staff member has personal commitments or personal circumstances arise and it would be unreasonable for the University to prevent the staff member from attending to them, the staff member may refuse to work outside their ordinary hours of work.

Eligibility for paid overtime

27.3.  A professional staff member will be eligible to receive the overtime rates prescribed in clause 27.5 except where:

1. the staff member is employed at ANU Officer Level 8 or above;
2. a flexible working arrangement in accordance with clause 45.2 (b) applies and where the work can be accommodated within that arrangement;
3. the staff member is in receipt of an overtime allowance in accordance with clause 27.18; or
4. 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.
5. A casual professional staff member will be eligible for overtime in accordance with clause 27.4 (below).

27.4.  A casual professional staff member will only be eligible to receive the overtime rates prescribed in clause 27.5 where the staff member works in excess of the ordinary hours of work as defined in clause 19.  Where a casual staff member receives overtime rates of pay, they will not be eligible to be paid the casual loading referred to in clause 15.7 for the overtime work.

Overtime rates

27.5.  A staff member who is eligible to be paid for overtime will be paid in accordance with the following table, subject to the alternate overtime arrangements outlined in clauses 27.6 to 27.8.

27.6.  A cleaner who is not a shift worker, or is a shift worker not rostered to work on a Saturday, will receive 200% of their ordinary hour rate of pay for all hours worked on a Saturday.

27.7.  An examination invigilator, field interviewer, community coordinator, or 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 their span of hours defined in clause 19. 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 clause 19.

27.8.  An observatory night assistant will not be paid at the overtime rates prescribed in clause 27.5 above, but will be paid 150% of the ordinary hours pay rate for the first eight hours of overtime and 200% of the ordinary rate thereafter for all time worked in excess of 70 hours in a fortnight.

Availability duty and continuous standby

27.9.  The University may place a staff member who is at a level no greater than ANU Officer Level 7 on availability duty or continuous standby on a daily or weekly basis, where the staff member must remain able to be contacted by telephone and attend the University as required within an agreed time.

27.10.  A staff member who is placed on availability duty or continuous standby is entitled to the availability allowance specified below per week (Sunday to Saturday inclusive).  Where a staff member is placed on such duty for less than one week, the allowance will be calculated on the basis of one-seventh of the weekly allowance for each day of availability duty.

Overtime allowances

27.11.  A staff member who works overtime and is not in receipt of availability duty allowance in accordance with clause 27.10 above will be paid an allowances, subject to eligibility as outlined in the below table:

Paid overtime not continuous with ordinary hours

27.12.  Where the staff member is not in receipt of an availability duty allowance under clause 27.10, and is required to work overtime that is not continuous with their ordinary hours, the staff member will be paid a minimum of four hours at the appropriate overtime rate calculated from the time the staff member commenced work; and a travelling allowance as defined in clause 27.11.  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 two hours which has been agreed between the staff member and the supervisor.

27.13.  A staff member who is paid an availability duty allowance and is required to work overtime that is not continuous with their ordinary hours will be paid for a minimum of three 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 what would have been paid had the employee remained at work for the whole period.

Other terms and conditions for overtime

27.14.  A staff member who works approved overtime is entitled to a minimum of nine 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 nine hours after the staff member has finished work, they 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.  In circumstances where it is impossible to release a staff member for nine consecutive hours, the staff member will be paid double time for all hours worked until able to take a nine hour break.

27.15.  A staff member who is paid overtime may be entitled to an additional meal break in accordance with clause 20 (Entitlement to breaks) and payment of a meal allowance $22.23 per meal to be indexed in accordance with clause 30.2(c).

27.16.  Where a staff member is performing overtime at the time of a daylight savings changeover from standard time to summer time, or the reverse, payment will be made in respect of elapsed time.

27.17.  Where a staff member is required at short notice to work paid overtime until it is too late to travel by the last public transport option or other regular means of commuting to their usual place of residence, the University will provide appropriate transport free of charge.

Annualised overtime allowance

27.18.  The delegate may approve payment of an annualised overtime allowance where that staff member’s duties necessitate long working hours and/or significant hours of work outside the normal span of hours, to compensate for all overtime worked in lieu of the overtime payments prescribed in clause 27.5.  For staff members at ANU Officer Level 8 or above, the delegate will be the Director – Human Resources.

27.19.  Payment of an annualised overtime allowance will not reduce the entitlements that the staff member would otherwise have received through the normal calculations of overtime rates when averaged over a year. If agreement cannot be reached, the provisions under this clause will apply (clauses 27).