27. Overtime means time authorised to be worked by an employee in excess of or outside of the ordinary hours of work of the employee.

27.1 Operation of Overtime Provisions

27.1.1 All authorised time worked in excess of or outside the ordinary hours of work required by Clause 24 shall be overtime and be paid for in accordance with this Clause.

27.1.2 An employee may be required to work reasonable time in excess of the ordinary hours of work and is expected, on reasonable notice, to work such overtime in accordance with the instructions of their supervisor.

27.1.3 No employee shall be required to work excessive overtime on a regular basis as part of operational procedure.

27.2 Each Day Stands Alone for Overtime Purposes
Where the ordinary hours of work for a day’s work are fixed, each day's work shall stand alone in computing overtime and overtime rates shall apply to all time worked in excess of or outside the fixed hours.

27.3 Application of Overtime - Flexible Ordinary Hours
Where daily ordinary hours are flexible, the total hours worked in a work cycle, as defined by Clause 24, shall be computed and overtime rates shall apply to all time worked in excess of the ordinary hours of duty prescribed for the work cycle.

27.4 Continuous Overtime after Midnight
Any period of overtime which is continuous with ordinary work and which extends beyond midnight shall be deemed to have been performed on the day the overtime commenced.

27.5 Non - Continuous Overtime after Midnight
Where overtime is not continuous with ordinary work and involves work before and after midnight, the overtime shall be deemed to have been worked on the day for which the higher rate is payable.

27.6 Overtime Calculated to Nearest Quarter of an Hour
Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime worked in a work cycle.

27.7 Time-Off In Lieu Of Overtime (TOIL)

27.7.1 The cut-off for the payment of overtime is at the HEW 7.3 salary classification level provided that by agreement, an employee in receipt of a salary below that prescribed for the minimum rate payable for a HEW 7.4 classification may, by mutual agreement between the employee and the University reached prior to overtime being worked, take time off in lieu of overtime payment, such time being calculated in accordance with the overtime rates applicable. Any TOIL accumulation under these arrangements shall be restricted to a maximum of 36.75 hours entitlement at any one time.

27.7.2 An employee whose salary is above HEW 7.3 is eligible for time off in lieu equivalent to the period of overtime worked (TOIL) instead of paid overtime, subject to a maximum accrual of 36.75 hours at any time.

27.7.3 Accumulated TOIL should be cleared within 3 months. Where there is a need for an employee whose salary classification is HEW 7.4 or 7.5 to continue to work time in excess of ordinary hours of work, even though the maximum accrual of 36.75 hours has been reached, application may be made to the relevant Head of School / Section for payment to be made for the 36,75 hours of ordinary time. Only one payment of 36.75 hours will be permitted in any one year. Managers must use their best endeavours to ensure that employees are able to utilise TOIL hours before the maximum level is reached.

27.8 The salary of an employee for the purposes of computation of overtime shall not include shift work allowances or casual loading but shall include higher duties allowances and any other allowances in the nature of salary.

27.9 Payment for overtime calculated for any period in accordance with the provisions of this Clause shall not be subject to any limitations in amount within a work cycle.

27.10 Overtime - Applicable Rates

27.10.1 Other than shift employees


1. for overtime worked Monday to Saturday inclusive - ordinary rate plus 50% for the first three hours and ordinary rate plus 100% thereafter.
2. for overtime worked on Sunday, ordinary rate plus 100%.
3. for overtime worked on a holiday - ordinary rate plus 150%.

27.10.2 Shift employees


1. except on a holiday - ordinary rate plus 100%
2. on a holiday - ordinary rate plus 150%.

27.11 Overtime - Ten-Hour Break

27.11.1 An employee required to work so much overtime that there is not a break of at least ten consecutive hours, plus reasonable travelling time, between the cessation of one period of work and the commencement of the next ordinary period of work, shall be released after the completion of the overtime work for a period of not less than ten consecutive hours, plus reasonable travelling time. Such release shall be without loss of pay for scheduled ordinary work occurring during such absence.

27.11.2 An employee required to resume or continue work without having had at least ten consecutive hours, plus reasonable travelling time, off work shall be paid at the rate of ordinary pay plus 100%, unless released from work for not less than ten consecutive hours plus reasonable travelling time off work. Such release shall be without loss of pay for any scheduled ordinary work occurring during such absence.

27.11.3 For the purpose of this Clause, "reasonable travelling time" shall mean the period of time normally required to travel from the place of residence of the employee to the place of work and back.

27.12 Exceptions to Normal Overtime Provisions

27.12.1 It should be noted that different overtime provisions apply to part-time Trades and Services employees working in the Cafeteria and Residences areas of the University (refer to Clause 30).

27.12.2 Also it should be noted that overtime paid to Trades and Services employees recalled to duty is calculated differently to the above provision (refer to Clause 28).

33. Flexible Working Arrangements(General Staff Employees)
University of Ballarat, Union Collective Agreement, (Academic & General Staff) 2006-2008

33.1 The University acknowledges that it is beneficial for both employees and the University to provide some flexibility in employees’ attendance requirements.

33.2 Workplace flexibility should take into account the following principles:

33.2.1 flexible staffing arrangements must not result in any diminution of service to clients the University;

33.2.2 no additional costs shall be incurred as a direct result of flexible staffing arrangements;

33.2.3 there should be equity of treatment for all eligible employees within an organisational unit, which may include a School, Section, team or work group;

33.2.4 organisational units may present a plan to the relevant Head of School or Section initial approval of any planned scheme on flexible working hours. The plan must have the support of the majority of employees in the organisational unit. Final approval any scheme will rest with the Head, Human Resources. Any proposal or scheme presented will not be unreasonably rejected and if approval is not granted, written detailed reasons will be provided to the organisational unit;

33.2.5 a “nine-day fortnight” option will not be permitted by the University, but flexible starting and finishing times within the normal span of hours and/or concepts of rostered days off over a longer period may be permitted;

33.2.6 supervisors will not normally be eligible to participate in flexible attendance arrangements;

33.2.7 any planned scheme on flexible staffing arrangements shall remain within parameters determined by Agreement clauses relating to ordinary hours of duty.

35. Annualised Hours(General Staff Employees)
University of Ballarat, Union Collective Agreement, (Academic & General Staff) 2006-2008

35.1 Annualised hours refers to employment arrangements where a general staff employee is engaged to work on a continuing or fixed-term basis for a specific number of ordinary hours within any one year (which may be a calendar year).

35.2 Hours of work may be annualised where it is agreed that this pattern of work reflects the needs of the School or Section or work unit and the employee.

35.3 Subject to the terms of engagement, the time and manner in which the annual ordinary hours are rostered over the period of the year is at the discretion of the University and hours may be rostered over a period less than fifty-two weeks.

35.4 In most cases, the employee will be engaged to work a specific number of ordinary working hours, which may be worked over a period of less than fifty-two weeks. The employee will receive their normal rate of pay over the twelve-month period (or lesser period if the employment contract is less than twelvemonths) and will be entitled to paid leave for the balance of the year or contracted period where work is not performed.

35.5 Annualised hours arrangements will be put in place primarily for part-time employment. Full-time employees may be engaged on an annualised hours basis by agreement, but will not be compelled to work under such arrangements.

35.6 Leave Entitlements
Employees are entitled to the leave entitlements of a full-time employee on a proportional basis determined by the number of annualised ordinary hours required to be worked within the year. The timing of taking annual leave and long-service leave will be determined by the University in consultation with the employee.

35.7 Public Holidays
Employees are entitled to the benefit of all public holidays that fall during periods for which they are rostered to work.

35.8 Overtime
Employees are eligible for overtime in the same manner as full-time employees. Overtime hours are additional to the annualised ordinary hours for which the employee is engaged. There is no accrual of leave entitlements (howsoever described) in respect of overtime hours.

35.9 Additional Hours
Where in any year an employee works in excess of the number of ordinary hours in the year for which he/she is engaged, payment for the additional hours will be made at the ordinary hourly rate. Any additional ordinary hours worked will be taken into account in the calculation of leave entitlements.

35.10 Accrual of Pay
For the purposes of payment, the total number of nominated annual hours will be averaged to a fortnightly salary.

35.11 Alteration of Annual Hours
In the event that the number of annualised ordinary hours for which the employee is engaged are altered by agreement then the University and the Annualised Hours Employee shall ensure that from the date such change takes effect, appropriate reconciliation arrangements in respect of pay and hours have been made.

35.12 Termination of Employment
In the event that the employment of an Annualised Hours employee ceases, for whatever reason, a reconciliation of the ordinary hours worked and the payments (howsoever described) paid to the employee, will be performed and:

1. if the employee has received a payment (howsoever described) in respect of work or hours which are not then worked by the employee, that payment will be repaid by the employee to the employer as at the date of termination. The employer may off-set any such amounts against any entitlements owing to the employee; and
2. if an employee has performed work for which he/she has not yet received pay by the employer, the employer will pay to the employee such amount as at the date of termination.

• Allocation of Duties and Scheduled Duties
  (Note: interrelationship with clauses 7(17), 16.2, 16.3, and 16.4)

The annual teaching load for a full time teacher is variable and based upon the actual teaching duty hours performed according to the terms of the Award and the MECA. The annual workload for a full-time teacher will be based upon the following:

Note: Teachers can agree to perform excess teaching duty hours in addition to the maximum outlined above.

Of these 1976 hours, 1748 hours are accountable.

Within this 1748 hours, the maximum scheduled duties including teaching duties is 960 hours per annum. The maximum hours accountable to preparation, correction and other duties are 788 per annum.

Of the 788 hours of Non Scheduled Duties, 400 hours comprise the maximum preparation and correction and a minimum of 388 hours which are to be accounted for and will be duties that are agreed between the employer and the teacher to support their teaching and other professional work.

These duties are essentially duties which ensure a teacher is equipped with the appropriate teaching techniques/strategies to maximise student outcomes. They also involve a commitment and contribution to educational activities which may or may not be directly related to the classroom.