1.0 OVERTIME

1.1 What is overtime?

Overtime is all time worked by an employee which has been directed and authorised by the employee’s supervisor and is:

• in excess of the ordinary or rostered hours of duty specified for the employee’s classification; or
• outside the span of hours specified for that classification.

1.2 When does overtime arise?

Overtime only arises when a supervisor directs an employee to work beyond her/his daily ordinary hours (eg. more than 7 hours for 35 hour per week employee).

It is important for supervisors to distinguish between:

• directing an employee to work extended hours, and
• an employee working extended hours due to workload etc, and accruing flex-time credits.

The latter should not result in overtime being claimed.

Overtime must be authorised, preferably in writing, by the supervisor in advance of the work being done.  A SAL120 Extra Hours Claim Form should be completed and submitted to the Salaries Unit after the overtime has concluded.

1.3 Overtime and Flex-time

Overtime does not include time worked in accordance with a flexible or variable working hours arrangement (refer part 3.0).  Accordingly, overtime is not normally paid for time worked within the flexible working hours bandwidth (see paragraph 3.2), unless it is directed work (see paragraph 1.2).

1.4 Overtime and Part-time employees

A part-time employee who works additional hours in excess of his/her regular hours, but no more than the weekly ordinary hours of an equivalent full-time employee, is only entitled to overtime when:

• the employee is directed to work more than 7 hours (7.6 hours for 38 hour per week staff) on any one day
• the employee works more than 35 (or 38) hours per week

1.5 Notice to be given to employees

Where possible at least 48 hours’ notice of overtime to be worked should be given to an employee.

1.6 Overtime Barrier

Staff appointed to a position Level 8 and above do not have an award entitlement to overtime payment or time off in lieu of overtime.  However, supervisors have the discretion to approve overtime payment or time off in lieu of overtime in special circumstances.

1.7 Overtime rates

The following penalty rates apply when overtime is worked on:

• Monday to Saturday - time and one half for the first two hours and double time thereafter
• Sunday - double time for all hours worked (Note: minimum hours apply - see below).
• Public Holiday - double time and one half for all hours worked (Note: minimum hours apply - see below).

Note: In the case of a shift worker, the overtime calculation is based on the ordinary rate of pay.  Shift allowances and penalty rates for weekend or holiday work are not part of the overtime calculation.

1.8 Overtime minimum payments

• There is no minimum payment where overtime is worked immediately before or immediately after the ordinary working time.
• Where an employee has been instructed to report for duty for pre-arranged overtime on a day which he/she would not have been required to work and on reporting for duty on that day finds that no work is available, the employee is entitled to receive a minimum payment of 3 hours at the appropriate overtime rate for the day regardless of the actual time worked.
• Sunday - a minimum of 4 hours at double time.  The minimum of 4 hours is reduced to 3 hours where overtime is for the purpose of feeding animals or watering of plants in experiments.
• Public Holiday - a minimum of 4 hours at double time and a half.  The minimum of 4 hours is reduced to 3 hours where overtime is for the purpose of feeding animals or watering of plants in experiments.
• Call back - an employee who has finished work, left the University’s premises and is called back to perform overtime that has not been pre-arranged, is entitled to a minimum of 4 hours pay at the appropriate overtime rate for the day.  This minimum applies to each call back.

1.9 Minimum Time Off Duty

An employee is to be allowed at least 10 consecutive hours off duty ( 8 hours in the case of shift workers changing shifts or replacing an absent shift worker) between completing work on one day and commencing work the next day without loss of pay.  An employee who is directed to return to work before having had 10 consecutive hours off duty is entitled to be paid at overtime rates until released from duty.

1.10 Payment or Time Off in Lieu of Overtime

An employee may be agreeable to taking time off in lieu of overtime payment.  This can apply in any of the circumstances described above where overtime is payable.  The time off in lieu of overtime is equivalent to the overtime hours payable (eg. 4 hours overtime worked at double time is equal to 8 hours time off in lieu of overtime payment).

Generally, the time off in lieu of overtime payment:

• should not be allowed to accrue to a number which exceeds the employee’s weekly ordinary hours (for example 35 hours for a full-time staff member)
• must be taken within a period of 3 months from the time that the overtime was performed or the employee will be paid for the overtime at the appropriate rate.

Note: Time off in lieu of overtime (TOIL) is not the same as flex-time (refer part 3.0).

1.11 Payment of Overtime for Casual Staff

A casual employee is not entitled to payment for overtime until they have worked in excess of 10 hours on any one day.  The rate is calculated at the base hourly rate plus the applicable overtime penalty rate plus the casual loading.  

2.0 SHIFT LOADINGS

2.1 Eligibility for Shift Loadings

Shift loadings are payable to part-time and full-time staff who work up to 35 hours per week within the ordinary span of hours (see clause 22.0 of the UNSW (General Staff) Enterprise Agreement 2006 (the Agreement)) and who work ‘unsociable hours’, for example early morning, late at night, weekends or public holidays.

2.2 Shift Loading Rates

The shift loadings are set out in Schedue 7.0 of the Agreement:
 

The following loadings apply to all general staff, apart from Security, Custodian, Caretaker, Unigym - Pool and Other Staff, Cleaning and Attendant (Gatekeeper) Staff who have separate shift loading entitlements (see Schedule 7 of the UNSW (General Staff) Enterprise Agreement 2006.

Shift Type	When Shift is Worked	Shift Loading
Early morning shift	Any shift commencing before 6 am	10%
Afternoon shift (1)	Any shift finishing after 6:30 pm and at or before 8:30 pm	10%
Afternoon shift (2)	Any shift finishing after 8:30 pm and before midnight	12.5%
Night shift	Any shift finishing at or after midnight	15%
Permanent Night Shift	Where more than two-thirds of working time is spent on night shift	30%
Saturday	Work performed on a Saturday	50%
Sunday	Work performed on a Sunday	75%
Public holiday	Work performed on a Public Holiday	150%

The appropriate shift loading is payable in addition to the ordinary rate of pay. The loading is payable for the whole shift, not just those hours worked before or after the time a shift entitlement takes effect. For example, an employee who commences a shift of 7 hours from 4 pm to 12 midnight (one hour meal break) will be paid a shift loading of 15% for all 7 hours worked.

Conversion of shift loadings into a time entitlement to take off as time in lieu is not an option for staff who work shifts.

2.3 Casual Staff and Shift Payments

In certain circumstances casual staff may be entitled to a shift loading. Normally, such a loading is only payable when replacing a full-time or part-time employee who is rostered to work a shift. For more information on this please contact the Industrial Relations Advisory Unit on (9385) 1710.

2.4 Shift Loading, Flex Time and Overtime

As per subclause 18.0(g) of the Agreement, employees who work under the flex time system may work more than the ordinary number of hours to accumulate flex time. Accrued flex time hours will be equal to the period of time actually worked and will not attract shift loadings or overtime payments or other penalties. For example an employee whose normal hours of work are 9 am – 5 pm, but on a given day chooses to work past 6:30 pm would not be entitled to a shift loading.

An employee who is receiving overtime payments (refer part 1.0 above) cannot also receive a shift loading. For example an Administrative Officer directed to work on a Sunday would only be entitled to the overtime payment, not the shift loading as well.

2.5 Method of Payment of Shift Loadings

The present Human Resources Information System is not designed to automatically pay shift loadings.

The current method of payment of shift loadings as outlined above is for line management staff to request a Shift Claim Payment from the Salaries Unit on form SAL121 and the shift payment will be calculated accordingly.

3.0 FLEX-TIME

3.1 What is Flex-time

Flex-time is an arrangement available to 35 and 38-hour general staff which allows for some flexibility in the way that hours are worked.

Flex-time allows staff, in consultation with the relevant supervisor, to:

• vary start and finish times within the flex-time bandwidth
• accumulate additional hours
• take off full or part days at a mutually agreed time

3.2 Benefits of Flex-time for Staff

Whilst flex-time is subject to the operational needs of a work unit, it can allow staff to:

• arrange working hours to suit family, study or other commitments
• work in blocks and have longer stretches of time off work
• make other arrangements to suit individual circumstances

3.3  Flex-time bandwith

While the flex-time bandwidth should be determined at the work unit level, it should normally be the same as the ordinary span of hours (see Schedule 3.0 of the UNSW (General Staff) Enterprise Agreement 2006) for the classification of the employees concerned.

3.4 Accrual of Flex-time

Work performed as flex-time is ordinary time and does not attract penalty rates.

3.5 Flex-time for part-time employees

When extra hours are to be worked by a part-time employee, consultation should take place with the manager of the work unit about whether these hours will be worked on the basis of payment for extra hours (at the ordinary rate) or on the basis of accrued flex-time (to be used at a later date).

3.6 Work unit flex-time policy

Managers should draw up and make known the flex-time policy to operate in a particular work unit. Having a policy in place allows all staff to clearly understand the principles to apply when accruing and taking flex-time.

A policy should include such things as:

• Maximum number of days taken in a year, month or flex period and how they can be taken
• The accrual period (for example 3 months)
• The maximum flex-time hours that can be carried over in an accrual period
• Notice required to be given to supervisor before taking flex-time
• That unused flex-time will not be paid out on termination

4.0 ROSTERED DAYS OFF

4.1 Eligibility for Rostered Days Off

Generally at UNSW, Rostered Days Off (RDO’s) are available to 38-hour general staff employed on a full-time basis. Traditionally RDO’s have been available to 38-hour trade staff whose award weekly hours were 40 per week.

4.2 Operation of RDO’s

To meet the operational needs of a work unit where 38-hour general staff full-time staff are employed, management sets (within the appropriate span of hours) the start and finish times as well as the daily hours to be worked by those staff.  Such staff in a 20-day/4 week period may work either:  

1. 7.6 hours each 20 days of the 20 day period (plus a minimum of 30 minutes unpaid time each day for a lunch break) - 7.6 hours multiplied by 20 days equals 152 hours;
 Or
2. 8.0 hours each 19 days of the 20 day period (plus a minimum of 30 minutes unpaid time each day for a lunch break) - 8 hours multiplied by 19 days equals 152 hours.

The RDO is taken either on:

(1)  a specified day in a four week period for groups of staff;

Or

(2)  a variable day in a four week period for individual staff according to a work unit’s “rolling” roster.

Timesheet for Recording Flex-time (RTF) - interactive and (PDF) - non interactive