Policy No.: UP07/261
Function: Personnel
Contact Position: Employment Team - HR Services
Authoring Organisational Unit: Human Resources
Date Approved: 29/08/2007 Revised 13/07/2007
Next Review Date: 01/09/2009
Approving Body: Senior Deputy Vice-Chancellor

The University of Western Australia

University Policy on: Hours of Work (General Staff)

Purpose of the policy and summary of issues it addresses:

This policy defines the University's ordinary hours of work for full-time and part-time employees, setting out core hours, additional hours and overtime. It sets out the requirements for the University and employee seeking to vary agreed working hours. This policy also sets out an employee's right to refuse any unreasonable request for additional hours or overtime.

This policy does not apply to casuals.

Definitions:

"Core Hours" means hours of duty for all required time periods as specified by a supervisor when working within flexible working arrangements.

"Employee" means a person employed by the University who has an ongoing or fixed term contract under the terms of the General Staff Agreement (as amended or replaced from time to time) or an Australian Workplace Agreement (AWA) except where the AWA has specific employment provisions which override this policy.

"Flexible Working Arrangements" means flexible hours of duty based on an employee's preferred start and finish time and being on duty for all core time periods as specified by a supervisor.

"Supervisor" means the person who is responsible for day-to-day supervision of the employee.

"TOIL" means time off in lieu.

"University" means The University of Western Australia

Policy statement:

The University supports Employees having access to flexible working arrangements, subject to operational requirements. General Staff may work flexible hours provided the requirements for the proper functioning of the work area are met.

When considering the 'requirements for the proper functioning of the work area' Supervisors are requested to determine Employees' preferences. In some cases it will not be possible to meet Employee expectations, therefore, alternatives should be explored to see whether a mutually acceptable arrangement can be worked out. Where agreement cannot be reached, the University will determine the hours of work.

1 ORDINARY HOURS OF WORK

1.1 The ordinary hours of work for a full-time Employee will be 37.5 hours per week. The University may determine and set the start and finish times of an Employee. Alternatively, the University and an Employee may agree to Flexible Working Arrangements. Consideration should be given to an Employee's family responsibilities when establishing hours of work that extend beyond 6pm, except where the Employee works on a shift work basis.

1.1.1 Where the University sets the start and finish times of an Employee, these may be varied from time to time for that Employee. An Employee is to be provided with a minimum of four weeks notice when variations are required. Variation to the hours may commence within the four week notice period by mutual agreement between the University and the Employee.

1.1.2 Where flexible working arrangements are agreed to, core hours of work should be established with consideration to the operational requirements of the work area. An Employee will be required to be on duty for these core hours of work unless on approved leave.

1.2 Employees may be appointed in a part-time capacity to work fewer hours than the full-time equivalent. Part-time Employees' rates of salary are calculated on a pro rata basis of the salary appropriate to the level of appointment determined by the number of hours they work.

The formula for calculating part-time salaries is:

(Hours worked each fortnight / 75) x (Full-time fortnightly salary / 1)

1.3 Employees are entitled to an unpaid meal break ('a break') of not less than 30 minutes but not exceeding 60 minutes, unless prior approval has been granted up to a maximum of 90 minutes. A break is required to be taken within 5 hours of the Employee starting work. Where there are exceptional circumstances, such as family responsibilities, an Employee may seek to work up to 5 hours without a break but must take the required break after 5 hours or cease work for that day. Agreements to such arrangements are to be made at the local level between the Supervisor and the Employee.

1.4 Employees can work a maximum of two 10-hour days in a week.

1.5 Employees must not return to work within a minimum of eight hours of completing a previous day's work.

1.6 Where Employees work flexible hours of work, a record of hours of work is to be maintained. This should be submitted and checked by the Supervisor. Where Employees have a set pattern of working hours, only the hours of overtime worked are required to be recorded and submitted to the Supervisor.

1.7 Within a four week period an Employee working flexible hours of work is able to accrue a maximum of 22.5 credit hours in excess of 150 hours. Flexi leave may be taken in minimum periods of an hour and may be taken on consecutive days to a maximum of 22.5 hours, where it is practicable and convenient to the work area.

2 OVERTIME/TOIL

2.1 Work performed by full time Employees in excess of 37.5 hours per week will be paid overtime as per the table below unless otherwise agreed to by the Employee (provided the Employee is not employed on a shift work/rostered basis).

2.1.1 Weekdays (once 7.5 hours is exceeded)

For the first three hours on any one week day

(Fortnightly Salary / 75) x (3 / 2)

After the first three hours of overtime worked on any one week day

(Fortnightly Salary / 75) x (2 / 1)

2.1.2 Saturdays

For the first three hours up to 12 noon on any Saturday

(Fortnightly Salary / 75) x (3 / 2)

After the first three hours or any time after 12 noon on any Saturday)

(Fortnightly Salary / 75) x (2 / 1)

2.1.3 Sundays

(Fortnightly Salary / 75) x (2 / 1)

2.2 An Employee may elect to take the overtime hours worked as time off in lieu (TOIL) at a mutually convenient time agreed with their immediate Supervisor. The time off will be determined on an hourly basis by dividing the amount to which the Employee would otherwise be entitled at the prescribed rate by the Employee's normal hourly rate of pay.

3 ADDITIONAL HOURS

An Employee working part-time hours can be asked to work additional hours. The employee will be paid at their normal hourly rate. A part-time Employee becomes entitled to overtime where they have worked in excess of 37.5 hours in a week or 7.5 hours in a day.

4 RIGHT TO REFUSE TO WORK ADDITIONAL HOURS/OVERTIME

An Employee may refuse a request to work additional hours or overtime where any such request would be unreasonable, having regard to:

any risk to the Employee's health and safety that might reasonably be expected to arise if the Employee worked the extra hours
the Employee's personal circumstances including any family responsibilities
the operational requirements of the workplace
the notice (if any) given by the employer of the additional hours and by the Employee of his/her intention to refuse it
any other relevant matter