There is some confusion about when PSA members are eligible to accrue Time Off in Lieu and Flexitime. To clarify:

1. An employee cannot be required to work more than 7.5 hours in any one day without being offered overtime. (For some OPS Classification, 7.6 hours)

2. If the employee requests, and their Manager agrees, then the employee can later take the overtime off in hours equal to the hours worked, in lieu of payment at the penalty rate prescribed, i.e. Time Off in Lieu of Overtime (TOIL).

3. Therefore, if an employee is required by their Manager to work more than 7.5 hours in a day, they are entitled to accrue the extra hours as TOIL, unless the Manager insists that they be paid the penalty rate.

4. Flexitime is separate from overtime and TOIL. Overtime can be worked and TOIL therefore can be accrued within the flexitime band width (8am – 6 pm). Some Universities have expanded this to 7 pm.

5. Approved flexitime schemes normally operate such that on days when the employee is due at work he/she can accrue flexitime within the hours of 8am and 6pm (band width). The employee is required to attend between 10am and 12 midday and 2pm and 4 pm (core hours).

6. Flexitime arrangements are subject to operational needs and agreements.

7. No employee can be required to work additional hours as flexitime.

8. The PSA considers that all employees should be given the opportunity to work and accrue flexitime.

9. An employee cannot be required to work outside their normal hours, e.g. 8.45am to 5pm, unless it it authorised overtime.

10. Flexitime is designed for the mutual advantage of the employee and the agency or worksite.

11. It is a mutual obligation of both employee and Manager to ensure that a minimum of 30 minutes unpaid break (lunch) is taken after 5 hours work. If due to operational needs or an emergency a break cannot be taken, then:

    (a) at a minimum, you get paid for all time worked;

    (b) you may be entitled to a penalty payment for all time worked after the 5 hours up until a 30 minute break is taken.

    But working through the lunch break must be required for it to occur, and it should not occur on an ongoing basis.

12. It is essential that time sheets are filled out correctly. If a Manager knowingly authorises an incorrect time sheet, then this may incur disciplinary action.

Principles

The above Industrial principles are contained in Awards and Enterprise Agreements applicable to PSA members and there may be some variations between occupational groups and agencies.

13. The Award provision for overtime is that it is triggered by working hours in excess of 8 hours in any one day or 38 hours in any one week. The overtime payment or the TOIL is still calculated from an employee's normal hours, i.e. In excess of 7.5 hours in any one day or 37.5 hours in any one week. (For some OPS members 7.6 hours and 38 hours).

14. The SA Government (Public Sector Salaried Employees) Salaries Interim Award 2004 ensures that TOIL cannot be lost. It is important to ensure that TOIL is recorded as such.

15. The PSA's position is that approved flexitime cannot be lost. Employees and Managers should both ensure that flexitime is applied for, and taken.

16. If an employee determines that the work situation requires that they work hours in excess of 7.5 hours, then if approved prior or subsequently, the excess hours should be recorded as overtime or accrued TOIL.

17. A Workplace Flexibility Agreement will override other provisions. This would have been agreed to by a majority of employees and is a written document. Such an Agreement needs to be approved by the Industrial Relations Commission and will apply as an appendix to the SA Government (Public Sector Salaried Employees) Salaries Interim Award 2004.

18. Members at and above ASO6, PSO3, TGO5, OPS7 levels, i.e. those receiving a salary above $61,596 per annum from 1/10/04 are not automatically eligible for overtime. For University SA and Adelaide University this applies to HEO8 and above and at Flinders University HEO9. However, for all of these members if they are regularly required to work excess hours, they would be eligible. Medical Scientists, under their Award have different provisions.

19. If members are required to work two or more hours after their normal finishing time they are eligible for tea money, currently $13.05.

20. Shift Workers, as well as being paid a shift allowance, are also eligible for TOIL and overtime, but if they are paid overtime cannot also receive the shift allowance, i.e. cannot have a penalty on top of a penalty. They receive the higher rate applicable. Casual workers though receive a casual allowance, (currently 20%) which becomes part of their salary, so therefore any penalty or shift allowance is calculated on top of the 20%.

21. Excessive workload – The PSA has a “no unreasonable workload” clause in the Interim Award 2004. It is important that members do not allow workload to increase by working flexitime and then not taking it off.

22. An employee may be required to work reasonable overtime (for which paid overtime rates apply). They cannot be required to work extra hours within a flexitime arrangement. For School Services Officers only full time officers may be required to work in excess of 37.5 hours in a week and only when approval has been obtained from the responsible officer.

Enquiries contact Ian D Peak on 8205 3294; Email: ian@cpsu.asn.au

11 May 2005