Employees get overtime under the Real Estate Award if they are working in excess of their ordinary hours at the specific direction of their employer.

Overtime can be paid as a penalty, where one applies, or taken as time off in lieu by agreement.

Employees working more hours at their own initiative won't be entitled to overtime pay.

For more information, see Hours of work and filter for the Real Estate Award.

Overtime on a rostered day

Employees working overtime on a rostered day are paid overtime at the minimum hourly rate of pay. Casual employees also get their casual loading.

Employees can also choose to take these hours as time off in lieu.

Overtime for casual employees

Casual employees working overtime don't get overtime penalty rates under the Real Estate Award.

Rostered days off (RDOs)

Full-time and part-time employees receive either one and a half or 2 rostered days free of duty each week.

This time off can be arranged in the following ways:

• one consecutive period
• 2 periods; or
• 3 periods comprising one day and 2 half days.

Overtime on a rostered day off

If a full-time or part-time employee receives an express instruction to perform work in excess of their ordinary hours on a rostered day off, or a half day off, they are entitled to:

• 150% of their minimum hourly rate for the first 2 hours
• 200% of their minim hourly rate for the hours worked after that.

Employees and employers may reach a mutual agreement to time off instead of payment of overtime.

Employees who are instructed to work in excess of their ordinary hours on any other day other than a rostered day off, or half day off, are not entitled to overtime pay.

Example

Eshan works part-time at Red Rent Redemption, a local real estate agency. He's a property sales assistant and is classified as a Real Estate Employee Level 1.

He works Tuesday to Thursday, responding to general enquiries and providing support to the sales team. His rostered days off are Friday to Monday.

Eshan receives a call from his employer, asking him to work a shift on Friday.

As Eshan is receiving an express instruction to perform work in excess of his ordinary hours, on a rostered day off, he's entitled to overtime. He could get overtime pay or he and his employer could make an agreement for time off instead of payment.

Eshan wants to be paid the penalty. He will get 150% of the ordinary hourly rate for the first 2 hours of overtime, and 200% for hours worked after that.

Time off instead of payment for overtime

Employees who are directed to work overtime may reach an agreement in writing with their employer to accrue time off instead of pay. This is sometimes known as time off in lieu of overtime.

This includes employees who are working overtime, but don't get a penalty rate.

For each pay period, employers and employees need to make a separate written agreement for any overtime the employee has worked and wants to take time off for. For information on what the agreement must say, see Overtime pay and use the filters to select the Real Estate Award.

Example

Anjali works full-time as a property manager at Better Homes and Rentals, a strata management business.

She works 7.6 hours a day, Tuesday to Saturday, for a total of 38 weekly hours. Her rostered days off are Sunday and Monday.

Anjali's employer receives an alert on Saturday evening, notifying them that an apartment building she manages has flooded due to an issue with a faulty fire sprinkler.

Her employer asks Anjali to keep working until emergency services advise that the situation is under control.

Anjali is working overtime. Her overtime hours are at the specific direction of her employer and over 38 ordinary hours per week.

However, as she's not working on a rostered day off, she's not entitled to overtime pay.

Anjali and her employer agree to time off instead of payment for overtime and use the form set out at Schedule G to record their agreement.