Part Time employees are now able to claim overtime payments when working extra hours outside their normal contracted hours.

The Commonwealth Bank Enterprise Agreement 2010 says in part the following circumstances will trigger overtime payments for part time employees if they are required to work:

• "in excess of the agreed hours(which includes any additional hours under clause 12.1(g))of duty on any one day".
• "in excess of 10 hours per day; or"
• "outside the span of ordinary hours set out in clause 12.1(b)".

WHAT DOES THIS MEAN?

• If you are required to stay back to help out or cover a vacant position you are entitled to be compensated with overtime payments paid at one and a half times your normal hourly rate.
• If you are required to come into work to cover a planned or unplanned absence on anyone day not normally worked by you then those extra hours are paid as overtime.

WHEN IS OVERTIME NOT PAID?

Overtime payments for part time employees will not be paid in the following circumstances:

• Clause 12 individual contracts as overtime payments are exempt in these contracts.Individual Flexibility Agreements (IFAs) can also exclude these payments.
• Part time employees attending a full time training course VOLUNTARILY will only be paid at ordinary rates.
• Ordinary hourly rates will apply if a public holiday falls on a day normally worked and by AGREEMENT between the CBA and the employee an additional day is worked prior to or following the holiday will not be classed as overtime and will be paid at ordinary rates.
• Overtime will not be paid if a part time employee agrees with reasonable notice, to change or extend their agreed hours for pressing operational necessity. Once the pressing operational necessity ceases, the employee shall revert to previous agreed working arrangements. An example of this would be agreeing to cover a period of long service leave or annual leave.

For more clarification or any problems please contact your MRC for further advice or assistance. If you would like to change from a clause 12 contract back to the Enterprise Agreement please contact the MRC as they can assist in these matters.

The MRC can be contacted on 1300 366 378.

Overtime is your right, not a discretionary gift from the employer.