Overtime is work performed outside the ordinary hours listed in an award or agreement. Overtime is usually paid at a higher rate.
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 Calculator.
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.
Based on what you've told us, it looks like you're covered by the Horticulture Award [MA000028].
An employee gets paid for overtime worked, unless the employee and employer agree in writing to take paid time off instead of being paid overtime rates.
For each hour of overtime worked, an employee has to get an hour of paid time off.
Example: Payment for overtime
Drew works 3 hours of overtime which means he's entitled to be paid for 3 hours' work at the appropriate overtime rates, unless Drew and his employer agree in writing for Drew to take paid time off instead.
Taking the time off
The time off has to be taken within 6 months of working the overtime, at a time agreed by the employer and employee.
We’ve made it easier for you to find information about pay and entitlements under the Horticulture Award. For more tailored information about your award, visit our Horticulture Showcase.
To find out more about who this award applies to, go to the Horticulture Award summary.
Source reference: Horticulture Award [MA000028] clauses 25.1.
- 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
Think a mistake might have been made?
Mistakes can happen. The best way to fix them usually starts with talking.
Check out our Help resolving workplace issues section for practical advice on:
- figuring out if a mistake has been made
- talking to your employer or employee about fixing it
- getting help from us if you can't resolve it.
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