When overtime applies
On 12 December 2017, the Fair Work Commission (FWC) made changes to part-time and casual provisions in some awards.
Changes were made to the part-time clause in some awards, including the Hospitality and Restaurant Awards, and to overtime entitlements for casual employees in other awards, including the Retail, Hair and Beauty and Fast Food Awards.
These changes apply from ppc 1 January 2018. For more information read Changes to casual and part-time entitlements in some awards. You can also read the FWC's orders on their website.
Overtime is when an employee works extra time. It can include work done:
- beyond their ordinary hours of work
- outside the agreed number of hours
- outside the spread of ordinary hours.
The spread of hours is the times of the day ordinary hours can be worked (eg. between 7am - 7pm).
When overtime rates apply
An award, enterprise agreement or other registered agreement will set out when overtime rates apply.
Find information about when overtime applies in your award by selecting from the list below.
- Building, construction and on-site trades
- Contract cleaning services
- Hair and beauty
- Health support services
- Real estate
- Road Transport
- Social, community, disability and home care services
- Storage services and wholesale
- Don't know
An employer can request that an employee works reasonable overtime. Overtime can be reasonable so long as the following things are taken into account:
- any risk to health and safety from working the extra hours
- the employee’s personal situation, including their family responsibilities
- the needs of the workplace
- if the employee is entitled to receive overtime payments or penalty rates for working the extra hours
- if they are paid at a higher rate on the understanding that they work some overtime
- if the employee was given enough notice that they may have to work overtime
- if the employee has already stated they can’t ever work overtime
- the usual patterns of work in the industry.
An employee can refuse to work overtime, if the request is unreasonable.
It is important that health and safety issues are considered and managed if an employee has to work overtime. A guide to help you consider the health and safety implications of an employee working long hours is available on the Safework Australia
Source reference: Fair Work Act 2009 (Cth) section 62
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