WA Overtime is not included in driving

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Mickael

Member
9 April 2020
2
0
1
hello all,

I've some question about driving at work and overtime.

My normal work day looks like:

I drive from home to the shed.
Clock in. My shift start.
I pick up work equipment and the company car and then driving to the jobsite.
I setup work equipment, supervise and pack down when it finish.
I drive back to the shed.
Clock out. My shift is done.
Go back to home.

So I get paid when I drive a company car. Recently, I discovered that my company doesn't pay me overtime when I drive.

Example : One day, I worked 12hours. drove 5 hours and 7 hours on workplace. I expected to be paid 8 normal hours and 4 overtime as describe in my award (Travelling Shows Award) but they paid me 12 normal hours.

When I asked to my manager he told me that overtime is not included in driving and it's in my contract but I checked it and there are no clause about that. He added they are not obligated to pay me when I drive the company car with work equipment to go to a jobsite. I've checked the Fairwork website and my award, and couldn't find anything that said I shouldn't be paid when I drive.

Does my manager say truth?
Does overtime is not included in driving?

Thank you in advance for your help and advise.
 

Atticus

Well-Known Member
6 February 2019
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149
2,394
I drive from home to the shed.
Clock in. My shift start.
You clocked on = you are working = you should be getting paid for that time you are clocked on (minus lunch break if you are off site & can't clock off)
 

Rod

Lawyer
LawTap Verified
27 May 2014
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In your example you will only be eligible for 2 hours overtime.

Your award allows for up to 10 hours/day ordinary time., though there are are additional averaging provisions.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
Yeah.
But that being said, those provisions do not operate so as to give your employer free labour....
 

Mickael

Member
9 April 2020
2
0
1
thank you for your replies

In your example you will only be eligible for 2 hours overtime.

Your award allows for up to 10 hours/day ordinary time., though there are are additional averaging provisions.
Indeed, I read on my award the ordinary working hours may exceed 8 up to a maximum of 10 hours on one day. But they have always started to count overtime above 8 hours of work for all workers. So I believe they can't change the rules when it suits them.

Moreover, in December, when I was on a part-time 30 hour contract, I did a 48.45 hour week and they calculated only 2.7 hours overtime!!! It seems absurd to me.

I'll try again to talk with them to resolve our issue. but if they still don't want pay my overtime they owe me, should I contact Fair work?
 

Rod

Lawyer
LawTap Verified
27 May 2014
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906
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So I believe they can't change the rules when it suits them.
People, both employers and employees are allowed to correct mistakes.

It seems absurd to me.
I agree. You are owed overtime here.

I'll try again to talk with them to resolve our issue. but if they still don't want pay my overtime they owe me, should I contact Fair work?
Yes, talking may help. Fair Work Ombudsman - if you can get through. I imagine they are very busy atm.
 

Atticus

Well-Known Member
6 February 2019
921
149
2,394
I read on my award the ordinary working hours may exceed 8 up to a maximum of 10 hours on one day. But they have always started to count overtime above 8 hours of work for all workers. So I believe they can't change the rules when it suits them.
Being paid under an award would have given some clarity as to what constitutes OT for both employer & employee I would have thought ....

You may have already seen this, but may be worth a look if you haven't ... Link Below.... Basically when you talk to management, you want to be able to quote actual facts that you can rely on, eg, material from unions, fair work Australia

Welcome to the Fair Work Ombudsman website