An employer can allocate hours of work as ordinary hours or overtime on any day during a roster cycle.
This includes days when an employee would otherwise get paid penalty rates.
References
United Voice v Wilson Security Pty Ltd [2019] FCAFC 66 - the appeal decision upheld the decision of the primary judge that overtime can be allocated to any day within a roster cycle, including days when penalty rates would otherwise be payable.
What to do next
- Use our Pay and Conditions Tool to calculate pay rates, allowances and penalty rates (including overtime).
- Not sure this is your award? Use Find my award to find out which award applies to you.
- Get help with pay.
- Find out about Other workplace relations help
