Common use of Overtime General Clause in Contracts

Overtime General. (1) Overtime is work performed: (a) outside the employee’s ordinary span of work hours Monday to Friday; or (b) within that ordinary span of work hours, but outside the number of ordinary hours of work the employee would work on a day (or is rostered to work on that day); or (c) on a Saturday, Sunday or public holiday. (2) Subject to section 62 of the FW Act, an employee may be directed to perform overtime. (3) For overtime there must be: (a) a direction given to the employee to perform the work before the work is performed; or (b) if circumstances do not permit a direction to be given before the work is performed, subsequent written approval. (4) An employee is entitled to overtime rates unless: (a) the employee is at a classification level above the salary barrier; or (b) the employee is an AGS fee earner. (5) However, the Secretary may authorise payment of overtime rates to an employee at a classification level above the salary barrier (unless they are an AGS fee earner). (6) For the purpose of determining whether overtime begins immediately after the end of ordinary hours of work, a meal break is to be disregarded.