RMIT University Academic and Professional Staff Enterprise Agreement 2014


64. Overtime

64.2

All authorised time worked in excess of or outside of the ordinary hours of duty prescribed by clause 63 will be overtime and will be paid for in accordance with this clause.

64.3

Where the ordinary hours of duty are fixed, each day's work will stand alone in computing overtime and overtime rates will apply to all time worked in excess of or outside of the fixed hours.

64.4

Where daily ordinary hours of duty are flexible the total hours worked in a work cycle as defined in clause 63 will be computed and overtime rates will apply to all time worked in excess of the ordinary hours of duty prescribed for the work cycle.

64.5

Any period of overtime which is continuous with ordinary duty and which extends beyond midnight will be deemed to have been performed on the day the overtime commenced.

64.6

Where overtime is not continuous with ordinary duty and involves duty before and after midnight, the overtime will be deemed to have been worked on the day for which the higher rate is payable.

64.7

Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime worked in a work cycle.

64.8

Except where recalled to duty subject to clause 68, an employee classified at HEW Level 8 or above, will not normally be entitled to receive payment for overtime, but will be allowed to receive time off in lieu equivalent to the period of overtime worked. In cases where time off is unable to be taken within one month of being accrued it will be paid out.

64.9

The salary of an employee for the purposes of computation of overtime will not include shift work allowances or the casual loading prescribed in clause 61 but will include higher duties allowance and any other allowance in the nature of salary.

64.10

Payment for overtime calculated for any period in accordance with the provisions of this clause will not be subject to any limitation in amount within a work cycle as defined in clause 63.

64.11

Subject to clause 64.12 below, the following rates will apply in respect of overtime:

(a) Other than shift employees:

i. for overtime worked Monday to Saturday inclusive - base rate plus 50% for the first 3 hours and base rate plus 100% thereafter;

ii. for overtime worked on Sunday - base rate plus 100%;

iii. for overtime worked on a holiday - base rate plus 150%.

(b) Shift employees:

i. Except on a holiday - base rate plus 100%;

ii. On a holiday - base rate plus 150%.

64.12

An employee classified at HEW 7 or below may, by mutual agreement between the employee and the University reached prior to overtime being worked, take time off in lieu (TOIL) of overtime payment, such time off being calculated in the same manner as is prescribed in clause 64.11 for payment for overtime worked.

64.13

An employee required to return to the workplace to work overtime, which is not continuous with ordinary duty will receive a minimum of 3 hours payment in respect of that overtime notwithstanding the period of duty may be less than three hours and be paid in accordance with clause 64.11 a).

64.14

Where more than one overtime attendance is involved the minimum payment provision will not operate to increase the overtime payment beyond that which would have been payable had the employee remained on duty from the time of commencing one attendance to the time of ceasing a subsequent attendance.

64.15

An employee required to work so much overtime that there is not a break of at least 10 consecutive hours plus reasonable traveling time between the cessation of one period of duty and the commencement of the next ordinary period of duty will be released after completion of the overtime duty for a period of not less than 10 consecutive hours plus reasonable traveling time and such release will be without any loss of pay for scheduled ordinary duty occurring during such absence.

64.16

An employee required by the University to resume or continue work without having had at least 10 consecutive hours plus reasonable traveling time off duty will be paid at base rate plus 100% until released from duty for not less than 10 consecutive hours plus reasonable traveling time off duty and such release will be without loss of pay for any scheduled ordinary duty occurring during such absence.

64.17

For the purpose of this sub clause “reasonable traveling time” will mean the period of time normally required to travel from the place of residence of the employee to the University and back.

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