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VIC EBA Restrictive Overtime Clause - Is This Fair Under Employment Law?

Discussion in 'Employment Law Forum' started by Dave1456, 23 March 2016.

  1. Dave1456

    Dave1456 Active Member

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    Hi,
    I've been elected to represent the employees with regards to renegotiation of our EBA. I have a question with regards to overtime payments.

    Our agreement is for a 38-hour week with reasonable overtime, which ends at 56 to 59 hours per week. The employer has a clause that stipulates that the employee must work 10 hours overtime above the 38 hours between Mon-Fri before they are eligible to receive tier 2 overtime rate on a Saturday.

    I find this clause unfair and restrictive! For example, an employee after completing a 47-hour week has a dentist appointment on Friday. He leaves an 1 hour early, not achieving 48 hours (38 + 10). He is then penalised for not completing the additional 10 hours overtime between Mon-Fri and as such isn't eligible for tier 2 overtime on Saturday until he has made up the additional hours.

    Is this fair under Employment Law? I don't think so.
     
  2. Sophea

    Sophea Well-Known Member

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    I don't believe there is any law prohibiting that specific practice, but you are free to negotiate a more favourable clause on behalf of yourself and your colleagues.
     
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  3. Dave1456

    Dave1456 Active Member

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    Thanks for your reply, we negotiated the clause out. We had a good result in the end.
     
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