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

[Dave1456]

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.

 

[Sophea]

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.

 

[Dave1456]

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.

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