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Know Your Rights: Overtime Pay

When I started working, ‘overtime’ was one of those words that I heard people talk about, but wasn’t really sure exactly what it meant.  I remember there being something in a Jimmy Barnes song my Mum used to listen to that said it was something you saved up, but beyond that I wasn’t too sure. 

 

Trying to find the information can be confusing, but I promise it’s worth the effort.

Remember, all the information here is based on industry awards. If you’re not sure what Award you’re covered by, or you think you might be covered by an Enterprise Agreement (EBA), make sure to call the Young Workers Centre on 1800 714 754.

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WHAT IS OVERTIME?

 “Overtime” refers to the higher wage that you should be paid for working more hours than your Award or Agreement nominates as the daily or weekly maximum. If you are on a part-time contract, you may be eligible for overtime pay after working more than your contracted hours depending on your Award or Agreement.

WHEN DO I GET OVERTIME?

This is where it starts to get tricky.  I promise this info is worth knowing though – I’m talking cash money.

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FAST FOOD

HOSPITALITY

RETAIL

MAX. WEEKLY HOURS

38

38

38

MAX. DAILY HOURS

11

11.5*

9*

MAX. DAYS PER WEEK

5

N/A*

N/A*

MINIMUM BREAK BETWEEN SHIFTS

 

10*

 

 

HOW MUCH OVERTIME DO I GET PAID?

This is where you get to pass GO and Collect $100 (Disclaimer: actual overtime payments may more or less than $100)

 

FAST FOOD

HOSPITALITY

RETAIL

FIRST 2 HOURS

150%

150-175%*

150%

AFTER 2 HOURS

200%

200-%

200%*

TIME OFF INSTEAD OF PAY

Yes

 Yes

Yes

 

Instead of getting the money, you may be able to elect to take time off in exchange for working overtime hours.  It’s important to note that this can only occur if both you and your boss agree and you get time off at the overtime rate.  (You should have earned 200% overtime?  That’s 2 hours time off!)

SPREAD OF HOURS

Finally, if you work outside of certain times in certain industries, you are also entitled to overtime

 

FAST FOOD

HOSPITALITY

RETAIL

WEEKDAYS

N/A*

NO MORE THAN 12 HRS

7AM-9PM

SATURDAY

N/A*

NO MORE THAN 12 HRS

7AM-6PM

SUNDAY

N/A*

NO MORE THAN 12 HRS

7AM-6PM

 

Now that’s a lot of information and it can leave you feeling pretty overwhelmed.

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The good news is that we’re here to help you with it, so if you think you might be missing out on overtime or have any questions then you should call the Young Workers Centre 1800 714 754.

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