4.2 Hours of Work and Associated Conditions
4.2.1 The ordinary hours of duty for full-time Staff Members are 70 per fortnight (exclusive of meal breaks and inclusive of Saturday and Sunday). Ordinary hours for part-time Staff Members will be their contracted hours per fortnight (inclusive of weekends). The maximum ordinary hours of work are eight hours per day. However, up to 10 hours may be worked by mutual agreement between the Staff Member and their Supervisor. A Staff Member will be entitled to four non-working days in each fortnightly cycle. Staff Members' workloads must be equitable, transparent and realistic within the 70-hour fortnight.
4.2.2 Full-time and part-time Staff Members and the University may agree to a pattern of variable working hours over less than 10 days in a fortnight (including weekends) without a reduction in their total fortnightly hours of work. Staff who work variable working hours will do so in accordance with the University's Variable Working Hours Scheme. A Staff Member who does not wish to participate in the scheme will not be disadvantaged in their employment.
4.2.3 Casual Staff Members will be engaged on an hourly basis, with the minimum period of engagement (and/or payment) being three consecutive hours on any day or for Macquarie University students three hours in any week during term.
4.2.4 The maximum number of ordinary hours of work for a casual Professional Staff Member is seven hours in any day. However, up to 10 hours may be worked by mutual agreement between the Staff Member and their Supervisor.
4.2.5 The University may require a full-time Staff Member to work reasonable additional hours (overtime) in excess of their ordinary hours of work each fortnight. Hours in excess of ordinary hours on any day or over the fortnight will be paid at overtime rates.
4.2.6 Staff Members will not be required to work excessive overtime and overtime will not be performed over extended periods of time. Supervisors will monitor the amount of overtime worked by Staff Members in their work unit and take action to reduce overtime by:
(a) distributing the overtime required to be performed among all Staff Members within the work unit. This would be applicable in circumstances where there is a short-term increase in workloads that does not require additional staffing; and/or
(b) reviewing the operational needs of the work unit to assess whether additional staffing is required to perform the work. Casual and contract staff may be considered to assist with the increased work.
4.2.7 When possible, a full-time Staff Member will be given at least 48 hours notice of the necessity for overtime to be worked. A Staff Member will not be required to work overtime where they satisfy the Supervisor that there is good and sufficient reasons (including family responsibilities or prior commitments) why they are unable to work overtime on the specified day.
4.2.8 A full-time Staff Member whose salary does not exceed the maximum rate of salary for HEW Level 8 will be paid overtime as follows:
(a) all overtime worked between Monday and 12 noon Saturday will be paid at the rate of one and half times the ordinary rate of pay for the first two hours and double the ordinary rate thereafter;
(b) overtime worked on Saturday after 12 noon will be paid at the rate of double the ordinary rate of pay;
(c) overtime worked between midnight Saturday and midnight Sunday will be paid at double the ordinary rate of pay with a minimum payment of four hours. Where overtime is performed for essential work of feeding and watering animals etc., the minimum payment will be three hours. Minimum payments do not apply where overtime worked on Sunday follows ordinary hours worked on a Sunday; and
(d) overtime worked on a public holiday will be paid at the rate of two and half times the ordinary rate of pay with a minimum payment of four hours. Where overtime is performed for essential work of feeding and watering animals etc., the minimum payment will be three hours.
4.2.9 Each day's overtime will stand alone and will be calculated to the nearest quarter hour.
4.2.10 Where the Staff Member has requested, and the University agreed, to time off in lieu of overtime payment, it will be taken at a time that is mutually convenient to the work unit and the Staff Member, provided that the time is taken within a period of six months from when the overtime was performed. Time in lieu of overtime will be calculated at the appropriate overtime rate. Payment will be made for the overtime worked if a mutually convenient time cannot be agreed.
4.2.11 A part-time Staff Member who works ordinary hours in excess of contract hours will be paid at the rate of one and one-fifth times the ordinary rate of pay between Monday and Friday and one and a half times the ordinary rate of pay on Saturday, up until the number of ordinary hours for a full-time Staff Member have been worked. For a part-time Staff Member whose salary does not exceed the maximum rate for HEW Level 8 normal overtime rates as specified in subclause 4.2.8(a)-(d) will apply for hours worked in excess of 70 per fortnight.
Break after overtime
4.2.12 When overtime is necessary, a Staff Member must have at least 10 consecutive hours off duty between work on successive days, if reasonably practicable.
4.2.13 If a Staff Member works overtime and does not have 10 consecutive hours off between the end of ordinary duty and the start of ordinary duty on the next day, the Staff Member:
(a) must be paid at the overtime rate until they are released from duty; and
(b) where they are released from duty during ordinary working hours, they must be paid for ordinary working time for the rest of the day.
4.2.14 This provision applies to a shift worker as if eight hours were substituted for 10 hours when overtime is worked for the purpose of changing shift rosters or where a shift worker does not report for duty and a day worker replaces them.
4.2.15 Staff who travel on University business will be entitled to payment or reimbursement for expenses in accordance with Schedule 3.
4.2.16 A Staff Member will not be required to work more than five hours without a meal break. Meal breaks will be not less than 30 minutes and no more than one hour (unless authorised by the University). Staff will be clearly informed of meal break times.
4.2.17 A meal break will not be counted as part of ordinary hours of work except where the Staff Member is required to work any portion of their meal break by the University to meet short-term operational needs.
4.2.18 Where two or more hours of overtime is to be worked after normal finishing time Monday to Friday, a meal break of at least 30 minutes will be taken as soon as possible after normal finishing time. Where such overtime is worked on a Saturday, Sunday or public holiday, a meal break of between 40 minutes and one hour will be taken. Overtime rates are not payable for meal breaks.
4.2.19 Staff who satisfy the requirements of subclause 4.2.18 will be paid a meal allowance in accordance with Schedule 3 of this Agreement.
4.2.20 Subclauses 4.2.16-4.2.19 will not apply to shift workers where, by agreement between the University and the Staff Member, no meal break is taken but a paid crib break is allowed.
4.2.21 Breaks from work up to a total of 20 minutes can be taken each day (including at the end of a meal break) at a time or times mutually agreed by the Staff Member and their Supervisor, and with no interference to the smooth functioning of the work unit. Such breaks will not be traded for time in lieu and are forfeited if not taken on a daily basis.
4.2.22 Where dirty work conditions require, a Staff Member can take up to a total of 10 minutes per day for the purpose of washing at a meal time and at the end of the working day.