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.