42. Hours of work and overtime (Professional employees)
42.1 Hours of work
42.1.1 The ordinary hours of work for professional employees will be thirty-six (36) hours each week, to be worked within a work cycle not exceeding seven (7) consecutive days.
42.1.2 These ordinary hours may be worked on any consecutive days in the week, Monday to Sunday inclusive, subject to the following:
(a) Ordinary hours are to be worked between 6:00am and 10:00pm.
(b) The ordinary hours of work will not exceed ten (10) hours on any one (1) day.
(c) The number of days worked in a seven (7) day cycle will not exceed five (5).
(d) Ordinary hours worked on a weekend will be paid as follows:
(i) all ordinary hours worked on a Saturday will be paid a 50% penalty rate for the first three (3) hours, and 100% penalty rate thereafter;
(ii) all ordinary hours worked on a Sunday will be paid a 100% penalty rate.
(e) All ordinary hours worked on a gazetted public holiday will be paid a 150% penalty rate.
(f) Any arrangement of hours which includes a Saturday or Sunday as ordinary hours, will be subject to agreement between the University and the majority of employees concerned.
(g) Employees may, at their own initiative, request to have their ordinary hours of work varied by mutual agreement between the employee and the Delegate. The ordinary hours worked under this variable agreement, may, by agreement be paid at the ordinary rate. Any request must be forwarded to the Executive Director for approval prior to implementation.
(h) Where, for a full-time employee, a break in an agreed work cycle coincides with a public holiday, the employee will be entitled to a day off at a mutually convenient time as agreed between the employee and the University.
(i) Employees may have their starting and ceasing times altered by mutual agreement between the employee and the Delegate.
42.1.3 Where the University proposes a change to the regular roster or ordinary hours of work of an employee, the University will consult with the affected employee or employees in accordance with Clause 11.4.
An employee may be required to work reasonable overtime.
42.2.2 Overtime is the time an employee works in excess of:
- ten (10) hours in a single work period; or
- thirty-six (36) hours in a seven (7) day work cycle.
42.2.3 A Professional employee at or below USQ Level 8, will be eligible for payment for overtime worked, as follows:
- all overtime worked up to forty (40) hours in a work cycle from Monday to Friday will be paid at the employee’s ordinary rates;
- any additional overtime worked in the same Monday to Friday work cycle will be paid at ‘overtime rates’ as follows:
- All overtime worked between forty (40) and forty-three (43) hours will be paid at 150% of the ordinary rate;
- All overtime worked in excess of forty-three (43) hours will be paid at 200% of the ordinary rate.
- all overtime worked on a Saturday will be paid at 150% of the ordinary rate for the first three (3) hours, and 200% of the ordinary rate, thereafter;
- all overtime worked on a Sunday will be paid at 200% of the ordinary rate.
All overtime worked on a gazetted public holiday will be paid at 250% of the ordinary rate.
42.2.5 An employee who has worked overtime should be given a minimum break of ten (10) hours between the time of ceasing work and the time of commencing work on the next shift. No deduction will be made from an employee’s pay because of time lost when on this break.
42.2.6 An employee not provided with a 10 hour break will be paid a 100% penalty rate for all ordinary hours worked until a break of not less than 10 hours has been received.
42.2.7 Clause 42.2.5 and 42.2.6 do not apply to an Employee called out to work after the ordinary ceasing time where the actual time worked on the call out is less than three (3) hours.
42.2.8 All ordinary time worked on the sessional employee’s and continuing fractional employee’s (Residential Colleges only) rostered day off, will be paid at 150% for the first three (3) hours and 200% thereafter; except on Sunday which will have all time paid at 200% and gazetted Public Holidays which will have all time paid at 250%.
42.3 Time Off in Lieu
42.3.1 Professional employee up to and including USQ Level 10, may decide to take time off in lieu of overtime worked, at a mutually agreed time.
42.3.2 Time off in lieu is calculated on an hour for hour basis.
42.3.3 No more than the equivalent of seventy-two (72) hours of time in lieu of overtime may be accrued within a six month period.
42.3.4 The supervisor will ensure an employee has reasonable opportunity to take time off in lieu owing.
42.3.5 In exceptional circumstances, an employee’s time off in lieu may exceed seventy-two (72) hours with the prior approval of the Executive Director. In the event that an employee is unable to avail themselves of the leave within twelve (12) months from its accrual, application can be made to the Executive Director for the balance to be paid out. The balance will be paid to the employee at the overtime rate that applied at the time the overtime was worked.
42.4 Meal Allowance
42.4.1 Where less than one (1) work period of notice has been given and the employee is directed to work in excess of one (1) hour after the employee’s normal ceasing time, a meal allowance will be paid.
42.4.2 The meal allowance will be at the rate shown in Schedule F - Allowances.
42.4.3 A paid meal break of thirty (30) minutes duration will be allowed between the 11th and 12th hour of commencing duty.
42.5 On-Call and Call-Out Arrangements
42.5.1 On-call is an allowance paid to an employee who is rostered for call-out standby. The call-out roster is for emergency return to work outside of the employee’s ordinary ceasing time. An employee receiving an on-call allowance is required to be contactable and available for duty at all times.
On-Call rates will be paid in accordance with Schedule F - Allowances.
42.5.2 Where an employee is called out to the University outside the employee’s ordinary working hours, or via remote access (including but not limited to, telephone, modem or personal computer), the employee will be entitled to a minimum of two (2) hours at call-out rates.
42.5.3 Call-out rates for Employees at USQ Level 1 – 10 will be paid at 150% of the ordinary rate for the first two (2) hours, and 200% of the ordinary rate thereafter. All call-outs on a gazetted public holiday will be paid at 250% of the ordinary rate.
42.5.4 Nothing in this clause restricts the use of time off in lieu of overtime as provided for in this Agreement.
42.5.5 Where the employee is required to be on-call and paid for the aforementioned allowance, there is no entitlement in respect of each subsequent call-out on the same day for 42.5.2 and 42.5.3 if the call-out (or call-outs) fall within the original period of time for which payment is made.