OVERTIME – AUSTRALIA

NAB faces test case over unpaid overtime

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 8-Mar-23

The issue of ‘reasonable additional hours’ for white-collar workers will come under scrutiny in a test case launched by the Finance Sector Union. The case centres on four National Australia Bank managers who allege that they were required to work unreasonable unpaid hours over several years. The FSU’s national secretary Julia Angrisano says the NAB managers are nominally employed to work 38 hours a week, but their actual hours can range between 10 and 16 hours per day, every day of the week. Angrisano adds that the FSU will seek compensation for all of NAB’s managers if it wins the test case, while it would also pursue action against the nation’s other major banks.

CORPORATES
NATIONAL AUSTRALIA BANK LIMITED – ASX NAB, FINANCE SECTOR UNION

Part-timers win in award flexibility

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 29-Jun-21

Part-time retail workers currently earn over-time if they work longer than their set roster, even if their roster is only five hours a week. They can only waive overtime if they agree in writing to alter their roster. Employer groups have previously called for the rules to be changed, arguing it makes them tend to favour casuals over part-time employees. The Fair Work Commission has heeded the call of employer groups and has announced that part-time retail workers can work extra hours without over-time just by sending a text message to their boss, and will change the retail award to that effect as from 1 July.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION

Fair Work backs penalty rates waiver

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 1-Jul-20

The Australian Services Union has failed in its bid to end flexible working arrangements for administrative employees who are covered by the clerks award. The ordinary hours of work for clerical employees while telecommuting were extended beyond traditional working hours in response to the coronavirus. The deal regarding overtime and penalty rates was initially slated to end on 30 June, but the full bench of the Fair Work Commission has agreed to extend it until the end of September.

CORPORATES
AUSTRALIAN SERVICES UNION, AUSTRALIA. FAIR WORK COMMISSION

Union push to increase casual pay in hospitality sector

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 29-Jul-19

United Voice wants the Fair Work Commission to rule that casual employees in the hospitality industry are entitled to a 25 per cent loading in addition to overtime penalty rates. NSW Business Chamber CEO Stephen Cartwright argues that employers cannot afford such a cost increase. He adds that while the Chamber agrees that casuals should be paid overtime at the same rate as permanent employees. However, it is of the view that as casual loading is meant to compensate for lack of employee entitlements such as annual leave, it should not apply during overtime as permanent employees do not accrue such entitlements while doing overtime work.

CORPORATES
UNITED VOICE, AUSTRALIA. FAIR WORK COMMISSION, NSW BUSINESS CHAMBER LIMITED, AUSTRALIA. PRODUCTIVITY COMMISSION

Rained-off but staff get overtime

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Original article by Ewin Hannan
The Australian – Page: 7 : 17-Oct-17

The full bench of the Fair Work Commission has dismissed an appeal against an earlier ruling concerning workers on the $A50 billion Ichthys LNG project. The Commission had then ruled that workers were entitled to remain on site during bad weather and still be allowed to receive overtime pay as part of their normal pay cycle. Kentz and UGL Operations & Maintenance had appealed the initial ruling.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, KENTZ (AUSTRALIA) PTY LTD, UGL LIMITED, AUSTRALIAN MANUFACTURING WORKERS’ UNION