Overtime is work performed outside the ordinary hours listed in an award or agreement. Overtime is usually paid at a higher rate.
On this page:
When overtime applies
The details about when overtime applies are different under each award and registered agreement. To find out when overtime applies in your industry see When overtime applies.
To calculate overtime rates use our Pay and Conditions Tool.
You can also find information about pay under your relevant award by visiting our Pay guides page.
Time off instead of overtime pay
Some awards and registered agreements allow an employee to take paid time off instead of being paid overtime pay. This is also known as 'time in lieu', 'time off in lieu' or 'TOIL'.
Find more information about taking time off instead of overtime pay in your award by selecting from the list below.
Building and Construction Award
Based on what you've told us, it looks like you're covered by the Building and Construction General On-site Award [MA000020].
An employee can choose to take time off instead of being paid for overtime. This needs to be in a written agreement with their employer. This doesn’t apply to casual or daily hire employees. An employee gets an hour of paid time off for each hour of overtime they’ve worked.
A written agreement is required for each time an employee elects to take time off instead of being paid for overtime. An email exchange or other electronic communication can count as a written agreement.
The agreement has to say:
- how many hours of overtime the employee worked and when they worked them
- that the employer and employee agree for the employee to take off instead of being paid overtime
- that at any point before the time off is taken, the employee can request to be paid the overtime instead and the employer has to pay it in the next pay period.
Employers have to keep a copy of this agreement in the employee's time and wage records. See Record-keepingfor more information.
Check the Building and Construction Award for all other overtime pay.
To find out more about who this award applies to, go to the Building and Construction Award summary.
Source reference: Building and Construction General On-site Award [MA000020] clause 29.12
- Building, construction and on-site trades
- Contract cleaning services
- Don't know
- Hair and beauty
- Health support services
- Real estate
- Road Transport
- Social, community, disability and home care services
- Storage services and wholesale
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