Question: I’m an educator confused about unpaid overtime. What is legal and what can my employer reasonably expect?
Answer:
Check the award or agreement which applies in your workplace to find the circumstances which attract overtime rates of pay (or time in lieu).
Overtime is additional time worked after ordinary hours. For example, if your ordinary hours are 38 hours per week between 6:30 am and 6:30 pm, overtime rates will usually apply to work done outside of these hours.
The employee must be directed to work overtime by an employer – it is not a decision of the employee. Educators are not required to start work before their shift commences in order to set up the room or develop resources. Set up time should be included as part of the employee’s ordinary hours of work. On the other hand, employers are not required to pay overtime for employees who arrive at work before their start time and start performing work.
Staff and parent meetings should be paid, but time in lieu arrangements may apply. Christmas parties or working bees are usually voluntary and unpaid. An employer should be careful not to pressure staff to attend voluntary events. If an employer requires an employee to attend an event, they should be paid.
Caroline Ryan
Workplace Relations Consultant