28. Overtime and overtime allowances for professional staff

Annualised overtime and shift arrangements prerequisites

28.1 Annualised overtime and/or shift allowances are designed to create administrative ease for the University and certainty for the staff member. Where a staff member(s) and the University enter into annualised arrangements, such allowances cannot be used to reduce the entitlements that a staff member(s) would otherwise have received through the normal calculations of overtime or shift rates when averaged over a year. If agreement cannot be reached, the provisions of this clause will apply.

Overtime

28.2   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 as defined in clause 19 (Hours of work) and/or required to be worked outside the span of hours as defined in clause 20. Overtime payments will be subject to clause 28.5.

Professional staff members, including casuals, who are eligible to be paid for overtime, will be paid in accordance with the following table.

Time of work Overtime rate
Monday to Friday 150% for first 3 hours, 200% thereafter
Saturday 150% for first 3 hours, 200% thereafter
Sunday 200%
Public holiday 250%*

* 250% includes payment of ordinary hours

28.3  A staff member may be required to work reasonable overtime. However, where a staff member has personal commitments or personal circumstances arise, and where the nature of those commitments or circumstances are such that 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 span of hours.

Overtime allowance eligibility

28.4  A staff member who works regular overtime may be paid an overtime allowance in lieu of the overtime payments prescribed at clause 28.2 to compensate for all overtime worked. The delegate may approve payment of an overtime allowance to a staff member at ANUO8 level or above where that staff member's duties necessitate long working hours and/or significant hours of work outside the normal span of hours.

Exceptions for overtime payments

28.5  A professional staff member will be eligible to receive the rates of pay prescribed in clause 28.2 except where the staff member is employed at ANUO8 level or above; a flexible working arrangement in accordance with clause 45.2 (b) applies and where the work can be accommodated within that arrangement; the staff member is in receipt of an overtime allowance in accordance with clause 28.4; or 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.

28.6  A shift worker will be paid at the ordinary time rate, exclusive of penalty rates, for a public holiday which falls on any Monday to Friday inclusive, except that he or she will be paid at the public holiday rate for time actually worked on that day.

28.7  A cleaner or security officer who is not a shift worker, or is a shift worker not rostered to work on a Saturday, will receive 200% of his or her ordinary hours rate of pay for all hours worked on that day.

28.8  Examination invigilators, field interviewers, 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 the span of hours defined in clause 20. 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.

28.9  An observatory night assistant will not be paid at the overtime rates prescribed above, but will be paid 150% of the ordinary hours pay rate for the first 8 hours of overtime and 200% of the ordinary rate thereafter for all time worked in excess of 70 hours in a fortnight.

28.10  Where a shift worker works overtime, the overtime rate prescribed in clause 28.2 will be in substitution for and not cumulative upon a shift loading. A casual staff member receiving any of the overtime rates provided for in clause 28 (Overtime and Overtime Allowances) is not eligible to be paid the casual loading referred to in clause 15.7 for overtime work.

Availability duty

28.11 The University may place a staff member on availability duty on a daily basis. A staff member on availability duty must remain able to be contacted by telephone and attend the University as required within an agreed time. Payment will be made in accordance with clause 28.20.

Notice periods

28.12  A staff member will be paid a short call allowance at the level specified in clause 28.20 where a staff member is not on availability duty; is required to work overtime on a Sunday or public holiday; and has received less than 24 hours' notice of that requirement. In addition where a staff member is directed to immediately attend an emergency situation, regardless of the day upon which that requirement falls, he or she will be paid the short call allowance.

Cancellation allowance

28.13  A staff member is entitled to 6 hours' notice of cancellation of overtime. Where notice is less, the staff member will be paid the specified cancellation allowance in.

Additional meal break

28.14  Subject to clause 20, a staff member who is required to work overtime may be entitled to an additional meal break.

Overtime not continuous with ordinary hours

28.15  Where a staff member, who is not paid an availability allowance, is required to work overtime that is not continuous with his or her ordinary hours, the staff member is entitled to be paid for a minimum of 4 hours at the appropriate overtime rate; and a travelling allowance at the rate specified in clause 27.20. However, 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 2 hours which has been agreed between the staff member and his or her supervisor.

Availability allowance

28.16  A staff member who is paid an availability allowance and who is required to work overtime that is not continuous with his or her ordinary hours is entitled to be paid for a minimum of 3 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 that which would have been paid had the employee remained at work for the whole period.

Rest relief after overtime

28.17  A staff member who works approved overtime is entitled to a minimum of 9 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 9 hours after the staff member has finished work, he or she 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 9 consecutive hours, the staff member will be paid double time for all hours worked until able to take a 9-hour break.

Assistance with transport

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

Overtime coinciding with daylight savings changeovers

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

28.20  Overtime allowances

Entitlement
Availability duty allowance
A staff member who is placed on availability duty or continuous standby and who is at a level not greater than ANU Officer level 7 is entitled to the allowance specified below for each week (Sunday to Saturday inclusive) of availability duty. Where a staff member is placed on such duty for less than 1 week, the allowance will be calculated on the basis of one-seventh of the weekly allowance for each day of availability duty.
  Rate/
allowance
Indexation in accordance with
'on-call availability' (staff member is required to be able to be contacted by telephone and to return to the University within a reasonable time to perform overtime work) not more than 1 week of any 3 week period 18% of ordinary weekly pay

NA

more than 1 week of any 3 week period 23% of ordinary weekly pay
'emergency availability' (staff member is required to be able to be contacted by telephone and return to the University immediately to perform overtime work in relation to emergency situations) not more than 1 week of any 3 week period 45% of ordinary weekly pay

NA

more than 1 week of any 3 week period 50% of ordinary weekly pay
Continuous standby allowance
A staff member who is required to be on standby to attend the University immediately to perform overtime work prior to normal commencement of duties and who is at a level not greater than ANU Officer level 7 is entitled to the specified allowance.
100% of ordinary rate of pay

NA

Short call allowance (to be paid in accordance with clause 28.12) $18.46 per call

clause 31.2(b)

Cancellation allowance (to be paid in accordance with clause 28.13)   1 hour's pay at appropriate overtime rate

NA

Meal allowance (to be paid in accordance with clauses 21.1 and 28.14) $20.62 per meal

clause 31.2(c)

Overtime travelling allowance (to be paid for return travel between the University and a staff member's residence in accordance with clause 28.15) where staff member uses his or her private vehicle rates per business kilometre determined by the Australian Taxation Office

NA

where staff member uses public transport cost of fare