Hello, I am writing in the hope that someone can assist me with some employment advice, specifically relating to what is 'reasonable overtime'.
I work for a government agency, and a year ago I was sent to work overseas by my employer. Normally, there is an Enterprise Agreement that covers employees, however in my position overseas, I was told this would not be applicable as I signed a Mutual Agreement specifically tailored to my circumstances. From memory the mutual agreement states I can work 'reasonable unpaid hours' in excess of 38 standard hours per week "in agreement" with the employer.
The other relevant factor is that whilst overseas, I get a "flexibility allowance" which compensates employees having to work excess hours without being paid any overtime. If counted against my hourly rate of pay, this flexibility allowance covers about 10 hours of 'ordinary' work (by ordinary I mean normal hours an employee would work, not night shift/public holidays etc).
In terms of my working hours, my working week is usually between 45 - 55 hours. I have recently been told that I will be required to work shift work hours, including weekends and late start/finishes. I have also been told that I should expect to work 50 hours each week without compensation, as this is what is covered by the 'flexibility allowance'. Any hours worked on top of the standard 50 hours each week would be accrued as hours I can take off when I'm not required at work.
My question is whether asking an employee to work 50 hours every week, with some weeks working 60+ hours is reasonable simply because of the flexibility allowance?
I would like to know from your experience, whether you believe this request is reasonable, and whether this is just the norm and I should just accept it for the time being. Any advice would be greatly appreciated.
**edit** forgot to mention that there are other employees working in the same role as me, where they are being paid the same flexibility allowance, but none of them have been expected to work in excess of 40 hours a week - on the odd occasion, 45 hours per week.
I work for a government agency, and a year ago I was sent to work overseas by my employer. Normally, there is an Enterprise Agreement that covers employees, however in my position overseas, I was told this would not be applicable as I signed a Mutual Agreement specifically tailored to my circumstances. From memory the mutual agreement states I can work 'reasonable unpaid hours' in excess of 38 standard hours per week "in agreement" with the employer.
The other relevant factor is that whilst overseas, I get a "flexibility allowance" which compensates employees having to work excess hours without being paid any overtime. If counted against my hourly rate of pay, this flexibility allowance covers about 10 hours of 'ordinary' work (by ordinary I mean normal hours an employee would work, not night shift/public holidays etc).
In terms of my working hours, my working week is usually between 45 - 55 hours. I have recently been told that I will be required to work shift work hours, including weekends and late start/finishes. I have also been told that I should expect to work 50 hours each week without compensation, as this is what is covered by the 'flexibility allowance'. Any hours worked on top of the standard 50 hours each week would be accrued as hours I can take off when I'm not required at work.
My question is whether asking an employee to work 50 hours every week, with some weeks working 60+ hours is reasonable simply because of the flexibility allowance?
I would like to know from your experience, whether you believe this request is reasonable, and whether this is just the norm and I should just accept it for the time being. Any advice would be greatly appreciated.
**edit** forgot to mention that there are other employees working in the same role as me, where they are being paid the same flexibility allowance, but none of them have been expected to work in excess of 40 hours a week - on the odd occasion, 45 hours per week.
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