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NSW Employment Contract - Ordinary Hours of Work - More than 38 Hours?

Discussion in 'Employment Law Forum' started by markw81, 1 February 2016.

  1. markw81

    markw81 Member

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    Hi,

    My employment contract states 'Ordinary Hours of Work' are between 8:30am and 5:30pm with a 1-hour lunch. This will make a 40 hour week.

    I understand under Fair Work Act that the maximum working hours are 38 hours. My employment contract also says I will be required to work reasonable overtime which will be paid at time and a half.

    How do they go making us work 40 hours with no rostered days off, etc? And yes my employment contract states salary, which I know usually covers more, but then my employment contract also says overtime.

    Is this legal under Employment Law? Do we have to get overtime for anything over 38 hours?
     
  2. WarrenH1244

    WarrenH1244 Active Member

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    1. Find out what Award you are under.

    2. Be aware under the MNES, if you pass the 'better off' waiver where if you sign the agreement acknowledging you are 'better off' than what the Award pays and the MNES conditions (remember it's a minimum, and in my case it's not realistic to market rate).

    3. Don't be ungrateful you have the overtime option - as a rule of thumb, salaries are fixed (no overtime paid) - at least that's what my employer has got me knotted up with.
     
  3. Serge Gorval

    Serge Gorval Well-Known Member

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    What Warren said above is completely incorrect.

    The 'better off" test has no application here. The boot applies to negotiating enterprise agreements not breaches of contract.

    Secondly, in accordance with the NES, your maximum weekly hours are 38 and any additionally hours must be reasonable as provided by section 62 of the FWA.

    Even if your contract provides for overtime, the hours may still be unreasonable and you have a right to refuse to work them.
     
    WarrenH1244 likes this.
  4. WarrenH1244

    WarrenH1244 Active Member

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    Please ignore my suggestion - I've been led up the wrong path with bad guidance it seems.

    Thanks, Serge.
     

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