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75. OVERTIME AND TIME OFF IN LIEU75.1 Subject to this clause, all authorised time worked in excess of or outside of the ordinary hours of duty prescribed by clause 72 will be overtime and will be paid for at overtime rates in accordance with this clause. 75.2 Where the ordinary hours of duty are fixed, each day's work will stand alone in computing overtime and overtime rates will apply to all time worked in excess of or outside of the fixed hours. 75.3 Where daily ordinary hours of duty are flexible the total hours worked in a work cycle will be computed and overtime rates will apply to all time worked in excess of the ordinary hours of duty prescribed for the work cycle. 75.4 Any period of overtime which is continuous with ordinary duty and which extends beyond midnight will be deemed to have been performed on the day the overtime commenced. 75.5 Where overtime is not continuous with ordinary duty and involves duty before and after midnight, the overtime will be deemed to have been worked on the day for which the higher rate is payable. 75.6 Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime worked in a work cycle. 75.7 The salary of a staff member for the purposes of computation of overtime will not include shift work allowances or the casual loading but will include higher duties allowance and any other allowance in the nature of salary. 75.8 Payment for overtime calculated for any period in accordance with the provisions of this clause will not be subject to any limitation in amount within a work cycle as defined at clause 72. 75.9 Subject to clause 75.10 below, the following rates will apply in respect of overtime: Table K
75.10 A staff member in receipt of a salary in excess of that prescribed for the top of the scale for Higher Education Worker (HEW) level 7 will not be eligible to receive payment for overtime but will be allowed time off equivalent to the period of overtime worked. A staff member in receipt of a salary not exceeding that prescribed for the top of the scale for a Higher Education Worker (HEW) level 7 may, by mutual agreement between the staff member and the University reached prior to overtime being worked, take time off in lieu of overtime payment such time off being calculated in the same manner as is prescribed in clause 75.9 above for payment for overtime worked. The process for taking time off in lieu of overtime will be in accordance with the following provisions and there will be no entitlement to be paid for any accrued time off in lieu of overtime that has not been taken at the time of cessation of employment: (a) Overtime, including the anticipated date for taking the TOIL, must be approved in advance and the approval must be recorded in writing to prevent any dispute as to the authorisation of either the overtime or the date at which the TOIL is to be taken. (b) It is not reasonable to limit use of accrued TOIL or to accrue an excessive amount of TOIL such that the staff member is unable to utilise the time off in an acceptable timeframe in accordance with these provisions. (c) The date of taking the accrued TOIL will be within six months of accrual and by mutual agreement between the staff member and manager. If the staff member and the manager are unable to agree upon the time of taking of the TOIL, the staff member may refer the matter to the Divisional Director/Dean for final resolution. If the Divisional Director/Dean is the staff member's supervisor, the staff member may refer the matter to the Executive Director, Monash HR. Where the Executive Director, Monash HR is the staff member's supervisor, the staff member may then refer the matter to the Chief Operating Officer. It is expected that such referrals would be determined within four working weeks of the staff member's request. (d) TOIL that has not been taken, in accordance with paragraph (a) above within a six-month period from the accrual will be forfeited, unless the staff member has requested the decision relating to the time of taking the accrued TOIL be referred to the Divisional Director/Dean, the Executive Director, Monash HR, or the Chief Operating Officer, as applicable. In such instances the six-month period will run from the date of the decision of the Divisional Director/Dean, the Executive Director, Monash HR, or the Chief Operating Officer, as applicable. (e) Under exceptional circumstances and notwithstanding paragraph (d) above, the Executive Director, Monash HR (or the Chief Operating Officer where the Executive Director, Monash HR is the staff member’s supervisor) may at the request of the staff member determine alternative arrangements for taking TOIL provided that the staff member’s request is received within 12 months of the TOIL accrual. The determination of the Executive Director, Monash HR may include alternative arrangements which allow TOIL to be taken within a period up to 12 months from the date of accrual provided that: (i) the staff member has already exhausted the options available under paragraph (c) above; and (ii) the staff member demonstrates that his/her TOIL cannot be taken within six months of accrual (or, where applicable, within six months of the decision of the Divisional Director, Dean, the Executive Director, Monash HR, or the Chief Operating Officer) due to circumstances outside the control of the staff member. No Unreasonable Overtime75.11 The University may require a staff member to work reasonable overtime and payment will be made in accordance with this clause. A staff member may refuse to work overtime in circumstances where the working of such overtime would result in the staff member working hours which are unreasonable having regard to:
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