KNOW YOUR RIGHTS  - NO UNPAID WORK       

All employees at or below an annual salary of $57,547 (ie ASO5, OPS6, PSO2, TGO4, MS2, SSO5, DSO-1 (4th increment), LEC2, LE3, (1st increment), and for AdelaideUniversity, and University of South Australia HEO7 and for Flinders University HEO8) must be paid at overtime rates for time worked in excess of 7.5 hours a day if their employer has required them to work the extra time. 

Employees at higher classifications who are regularly required to work overtime are also eligible for overtime payments. (PSM Act Determination 11) 

All employees below Executive Level, if they are on call and recalled to work, necessitating attendance at the workplace or other worksite, are to be paid a minimum of 3 hours at overtime rates. 

An employee recalled to work overtime after leaving the place of employment will be paid for a minimum of three hours work even if the work is completed within a shorter period. 

If the employee requests, and the employer agrees, then instead of payment at penalty rates the employee may take time off at a later date, equal to the extra time worked (T.O.I.L.).  

T.O.I.L. cannot be lost. 

If the employee later finds they cannot take the T.O.I.L. and requests that they be paid out, this has to be paid out at the original penalty rate.  An employee cannot be required to work extra time within flexi-time without being offered payment.  You may voluntarily work extra time within flexi hours band width to build up time.  For example, if you normally start at 8.30am and have worked 7.5 hours by 5.00pm, then if you are required by your employer to work to 6.00pm, that is 1 hour overtime, you are to be paid that at time and a half or if you request and your employer agrees, you may instead rather take off one hour in lieu of the payment (T.O.I.L.) 

It is essential that you record exactly all hours worked.  It is as much a breach to put down less hours than you actually worked as it is to record excess hours.  If a Manager asks you to or knowingly signs a false document, they can face disciplinary action.   

T.O.I.L. both accrued and then taken also needs to be recorded. 

TO.I.L and flexi-time should be recorded separately. 

If you are required to work 2 hours past your normal finishing time you are entitled to a meal allowance of $12.75 (tea money) or if you commence 2 hours before your normal starting time, $8.90. (Rates from 23/12/03) 

All salaries are based on a working week of 37.5 hours.  It may be expected that some managers (those earning above $58,000 per annum) may at times work a bit longer than 7.5 hours a day. But this should not be a regular occurrence and time in lieu should still be taken. 

The Awards state that for overtime payments to commence, the trigger is for an  employee to work in excess of 8 hours in a day or 38 hours in a week.  Payment then is for all time worked in excess of 7.5 hours a day or 37.5 hours a week.  This does not mean that an employee may work an extra half hour for no pay.  This allows for flexibility and the employee still cannot be required to work in excess of 37.5 hours in a week without payment. 

For employees with other arrangements such as a compressed week arrangement within the Certified Voluntary Flexible Working Arrangements (V F W A) overtime is payable for hours in excess of the agreed hours.  For enquiries contact PSA Industrial Officer Ian D. Peak on 8205 3294 or Email: ian@cpsu.asn.au     

PSA - INSISTING ON A FAIR DEAL