Know Your Rights with Overtime Work
Your employer has asked you to stay back to work a few more additional hours this week – can they do this?
Your employer can request that you work overtime, but only if it is reasonable in the circumstances.
The maximum weekly hours of a full-time employee are 38 hours per week. The maximum number of hours of an employee who is not a full-time employee is the employee’s ordinary number of hours per week, which also must be less than 38 hours.
Overtime is the work that you perform for your employer that is:
- over your ordinary hours of work (such as over 38 hours);
- beyond your agreed upon number of hours; and/or
- outside the spread of ordinary hours. This is the hours in the day that your ordinary hours can be worked. These are set out in your applicable award (such as between 8:00am and 6:00pm).
To determine whether overtime is reasonable includes the following considerations:
- if there is a risk to your health and safety;
- your personal circumstances and family responsibility;
- the operational needs of your workplace;
- whether you are entitled to receive compensation such as overtime rates and penalty rates for working overtime;
- the nature of your role and level of responsibility;
- how much notice is given to you by your employer; and
- how much notice you give your employer that you cannot work the overtime (if you refuse).
If an award applies to your employment or an enterprise agreement, this instrument will set out the applicable overtime rates or penalty rates that are to be paid to you and when these payments apply. Make sure you review the instrument that applies to you to ensure you know the applicable rates of pay. Even if you have an individual contract of employment and it does not say anything about an award, this does not mean that an award does not apply to you. So it is a good idea, to check what award may apply to your employment to make sure that you know your minimum entitlements.
You may have an employer that pays you above the minimum rate of pay set out in the applicable award. However, this does not mean that you are not entitled to receive additional payments for overtime. There are certain rules for ‘all-inclusive’ rates of pay that your employer must implement. If your employer has not set out in writing what exactly is included in your rate of pay, then you may be entitled to a separate payment for any overtime worked despite the above award rate of pay paid to you.
If you are not sure about your entitlements, do not hesitate to contact Anderson Gray, we are lawyers for employees and are here to help you.