Hours of work and associated conditions
PART 4: WORKING AT MACQUARIE
17. HOURS OF WORK AND ASSOCIATED CONDITIONS
17.1 The ordinary hours of work 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 8 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 4 non-working days in each fortnightly cycle. Staff Members’ workloads must be equitable, transparent and realistic within the 70-hour fortnight.
17.2 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 a compressed fortnight will do so in accordance with the University’s Flexible Work policy and procedure. A Staff Member who does not wish to participate in the scheme will not be disadvantaged in their employment.
17.3 Casual Staff Members will be engaged on an hourly basis, with the minimum period of engagement (and/or payment) being 3 consecutive hours on any day or for Macquarie University students 3 hours in any week during term.
17.4 The maximum number of ordinary hours of work for a casual Professional Staff Member is 7 hours in any day. However, up to 10 hours may be worked by mutual agreement between the Staff Member and their Supervisor.
17.5 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. Unless otherwise agreed in accordance with sub-clause 17.10, hours in excess of ordinary hours on any day or over the fortnight will be paid at overtime rates.
17.6 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.
17.7 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 are good and sufficient reasons (including family responsibilities or prior commitments) why they are unable to work overtime on the specified day.
17.8 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) 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 2 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 4 hours. Where overtime is performed for essential work of feeding and watering animals etc., the minimum payment will be 3 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 4 hours. Where overtime is performed for essential work of feeding and watering animals etc., the minimum payment will be 3 hours.
17.9 Each day’s overtime will stand alone and will be calculated to the nearest quarter hour.
17.10 Where the Staff Member has requested, and the University has 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 6 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 or if the Staff Member’s employment terminates before the time in lieu can be taken.
17.11 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 sub-clauses 17.8(a)–(d) will apply for hours worked in excess of 70 per fortnight.
Break after overtime
17.12 ;When overtime is necessary, a Staff Member must have at least 10 consecutive hours off duty between work on successive days, if reasonably practicable.
17.13 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.
17.14 This provision applies to a shift worker as if 8 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.
17.15 ;Staff who travel on University business will be entitled to payment or reimbursement for expenses in accordance with Schedule 4.
17.16 A Staff Member will not be required to work more than 5 hours without a meal break. Meal breaks will be no less than 30 minutes and no more than 1 hour (unless authorised by the University). Staff will be clearly informed of meal break times.
17.17 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.
17.18 Where 2 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 1 hour will be taken. Overtime rates are not payable for meal breaks.
17.19 Staff who satisfy the requirements of sub-clause 17.8 will be paid a meal allowance in accordance with Schedule 4 of this Agreement.
17.20 Sub-clauses 17.16-17.19 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.
17.21 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.
17.22 ;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.
17.23 The following penalties are paid to Staff Members in addition to the ordinary rate of pay where rostered ordinary hours of duty correspond with the periods set out below:
Early Morning Shift Monday–Friday
Commencing at or after 4.00am and before 6.00am
10% of ordinary rate for time worked
Day Shift Monday–Friday
Commencing at or after 6.00am and before 10.00am
Afternoon Shift Monday–Friday
Commencing at or after 10.00am and before 1.00pm and concluding at or after 6.00pm
10% of ordinary rate for time worked
Evening Shift Monday–Friday
Commencing at or after 1.00pm and before 4.00pm and concluding after 6.00pm
12.5% of ordinary rate for time worked
Night Shift Monday–Friday
At or after 4.00pm and before 4.00am
15% of ordinary rate for time worked
Permanent Night Shift (defined below)
30% of ordinary rate for time worked
At or after midnight Friday and before midnight Saturday
50% of ordinary rate for time worked
At or after midnight Saturday and before midnight Sunday
75% of ordinary rate for time worked
150% of ordinary rate for time worked
17.24 Permanent Night Shift is a shift which does not rotate or alternate with other shifts so as to give the Staff Member at least one-third of their working time off night shifts in each roster period.
17.25 ;If a Staff Member seeks but is not required to work ordinary duty at times which commence at or after the times set out for shifts or to work ordinary duty on Saturday, Sunday or a public holiday, shift or other penalties will not apply.
17.26 Casual Staff Members are entitled to payment at overtime rates for work in excess of 7 or, by mutual agreement, 10 hours on any day or 35 hours in a week.
17.27 A Casual Staff Member who, at the request of the University, works on Saturday, Sunday and/or a public holiday will be paid the applicable shift penalty. Payment will be calculated by applying the relevant shift penalty to the Staff Member’s casual hourly rate of pay.
17.28 ;All other conditions will be as specified in the Hours of Work and Associated Conditions clause.
Call Back Arrangements and Emergency Contacts
17.29 To ensure effective operation of the University, particularly where providing critical services, certain Staff Members may be required to remain available to perform duties outside their normal working hours. The following provisions cover the two levels of ‘readiness’ where Staff may be required to respond to requests to perform additional duties outside of their ordinary hours of work.
17.30 Staff on Ready A are on ‘out of hours restriction’ during which they are required to be contactable and available to perform duties outside of their normal working hours that are consistent with their job description. Staff on Ready A will be advised in advance of the period they are on call. The following allowances are paid for each hour the Staff Member is required to be contactable regardless of whether recalled to perform extra duties during this period or not. Higher duties allowance and/or other salary allowances will be included for the calculation of the Ready A allowance.
7.5% of the hourly rate of pay
10% of the hourly rate of pay
12.5% of the hourly rate of pay
15% of the hourly rate of pay
17.31 If the Staff Member is recalled to their workplace during the ‘restriction’ period they must do so within 1 hour of being called. Payment will be at the appropriate overtime rate with a minimum of 4 hours being paid. Payment for duty exceeding 4 hours is made at relevant overtime rates where actual duty has either exceeded 4 hours or has accumulated to exceed 4 hours. This provision does not extend to call back for duty prior to normal starting times and merging into normal working hours. The allowance in sub-clause 17.30 is suspended when overtime is paid.
17.32 If the Staff Member is required to perform duties outside of their normal working hours but is not recalled to the workplace, payment will be at overtime rates with a minimum of 1 hour being paid. Payment for duty exceeding 1 hour where actual duty has either exceeded 1 hour or accumulated to exceed 1 hour is made at relevant overtime rates. The allowance in sub-clause 17.30 is not paid while receiving overtime rates.
Ready B – Emergency Contact Staff
17.33 ‘Ready B’ Staff will be on a list of Staff who may be contacted in an emergency but they are not obliged to be contactable out of hours or respond to a request to perform duties outside of their normal working hours. No allowance is payable to these Staff Members.
17.34 Should these Staff respond to a call to perform duties outside of their normal working hours, they will receive payment in accordance with sub-clauses 17.31 and 17.32.
17.35 All fares necessarily incurred for each time the Staff Member returns to the University when called in will be reimbursed. A Staff Member authorised to use a private vehicle on University business will be paid the appropriate motor vehicle kilometre allowance for forward and return journeys.
17.36 The University will provide equipment used to contact Staff out of hours. The cost of returned calls will be reimbursed.
17.37 Equipment, such as computers and modems, used to perform out-of-hours work from home will either be provided by or subsidised at an appropriate rate by the University.
17.38 Where a Staff Member is required to work according to a roster, the following arrangements will apply:
(a) work rosters will be posted in a readily accessible place;
(b) all rosters will indicate the commencement and cessation times of the ordinary hours of work of the respective shifts for each Staff Member;
(c) changes or variations to regular rosters will be notified to the relevant Staff Members at least 7 days prior to becoming operative. The University will:
(i) provide all relevant information to the Staff Member about the change at least 7 days prior to the proposed operative date of the change, including the nature of the change, information about what the University reasonably believes will be the effects of the change on the Staff Members, and information about any other matters that the University reasonably believes are likely to affect the Staff Members;
(ii) invite the Staff Member to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and
(iii) give prompt and genuine consideration to matters raised about the change by relevant Staff Members.
(d) where a Staff Member is absent from duty because of illness, or there is an emergency, a shift roster may be changed with reasonable notice to enable the functions of the University to continue. However, if such an alteration involves a Staff Member working on a day that would have been their day off, such time worked on that day will be paid for at overtime rates or a mutually agreed suitable alternative day off will be taken;
(e) places in shift rosters may be interchanged by agreement between the Staff Members and the University, provided that the University incurs no additional shift or overtime penalties as a consequence of the interchange;
(f) Staff will be reimbursed for costs in excess of normal travel costs where the University does not provide notice in accordance with (c) above; and
(g) Staff rostered for shift work will not work split shifts.