6A. Employee right to disconnect

[6A inserted by PR777997 from 26Aug24]

6A.1 Clause 6A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.

NOTE:

(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:

(1) their employer outside of the employee’s working hours,

(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.

(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.

(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.

(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.

(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.

6A.2 Clause 6A applies from the following dates:

(a) 26 August 2024—for employers that are not small business employers on this date and their employees.

(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.

6A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

6A.4 Clause 6A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 43.6.

43. Overtime

[Varied by PR723940, PR724570, PR729479, PR740884, PR762308, PR763232, PR774088, PR786739, PR799473]

43.1 All time worked by piggery attendants before the ordinary commencing time or after the ordinary finishing time or in excess of ordinary hours of work in any one day or in any one week will be regarded as overtime.

[43.2 varied by PR723940 ppc 20Nov20]

43.2 Overtime will be paid at the following rates:

For overtime worked | Overtime rateFull-time and part-time employees % ordinary hourly rate | Overtime rateCasual employees % of ordinary hourly rate

Monday to Saturday—first 2 hours | 150 | 175

Monday to Saturday—after first 2 hours | 200 | 225

Sunday—all hours | 200 | 225

[Note inserted by PR723940 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 43.2.

43.3 A minimum payment of 3 hours’ overtime on a Saturday or Sunday is payable except for work which is continuous with ordinary duty.

43.4 In computing overtime each day’s work will stand alone.

43.5 Employees will work reasonable overtime to meet the needs of the enterprise.

43.6 Recall to duty

(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 4 hours’ work at the appropriate rate for each time the employee is so recalled.

(b) The employee must not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.

43.7 Overtime meal allowance

[43.7(a) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(a) If an employee is required to work overtime after working ordinary hours on Monday to Friday (except where the period of overtime is less than 1.5 hours) the employee will be paid $17.90 for the first and any subsequent meals. Alternatively, the employer may supply the employee with a meal.

[43.7(b) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(b) Where overtime is unplanned and not notified the day or days beforehand, a payment will be made of $17.90 after 2 hours of overtime if work will continue beyond the meal break. Alternatively, the employer may supply the employee with a meal. Clause 43.7(b) does not apply to overtime worked after ordinary hours on Monday to Friday.

(c) Where an employee is notified the day or days prior to an overtime day, the meal allowance is not payable unless the overtime is cancelled. Where cancellation occurs and notice of cancellation is not given at least the day before the planned overtime, the employee will be paid the meal allowance.

43.8 Paid breaks during overtime

(a) Meal break

Before starting overtime after working ordinary hours on Monday to Friday an employee will be allowed a meal break of 30 minutes which will be paid for at ordinary rates.

(b) Crib time

An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each 4 hours of work.

(c) Clause 43.8 does not apply where the period of overtime is less than 1.5 hours.

43.9 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 43.9 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.

(c) An agreement made under clause 43.9 must be in writing and must state each of the following:

(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked, at a time or times agreed by the employee and employer;

(v) that, if time off is not taken as mentioned in clause 43.9(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

NOTE: An example of the type of agreement required by clause 43.9 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 43.9 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE: By making an agreement under clause 43.9 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 43.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 43.9 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request the clause 43.9 will apply, including the requirement for a written agreement under clause 43.9(c) for overtime that has been worked.

[Note varied by PR763232 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 43.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 43.9.