Maximum weekly hours of work

Under the Electrical, Electronic and Communications Contracting Award 2020 an employee (either full-time, part-time or casual) is engaged to work an average of 38 ordinary hours per week. Any work done outside the 38 ordinary hours is considered overtime.

Payment for overtime

Employers must pay employees for any work done outside the ordinary hours (except on Sundays and public holidays) as follows. 

• Full-time and part-time employees: at the rate of 150% of the ordinary hourly rate for the first 2 hours, and 200% of the ordinary hourly rate after 2 hours.
• Casual employees: at the rate of 187.5% of the ordinary hourly rate for the first 2 hours, and 250% of the ordinary hourly rate after 2 hours.

However, if an employee has signed an individual flexibility agreement, the overtime rates can be varied.

Employees’ rights to refuse to work additional hours

Employers must not request or require employees to work more than 38 hours per week unless the additional hours are reasonable. If the additional hours are unreasonable, employees may refuse to work. 

Factors determine whether additional hours are reasonable 

• any risk to employee health and safety from working the additional hours;
• the employee’s personal circumstances, including family responsibilities;
• the needs of the workplace or enterprise in which the employee is employed;
• whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;
• any notice given by the employer of any request or requirement to work the additional hours;
• any notice given by the employee of his or her intention to refuse to work the additional hours;
• the usual patterns of work in the industry, or the part of an industry, in which the employee works;
• the nature of the employee’s role, and the employee’s level of responsibility;
• whether the additional hours are in accordance with averaging terms included in an award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee;
• any other relevant matter.

Takeaway for members

All the abovementioned factors will be considered when determining whether additional hours are reasonable. This means that what is reasonable in one circumstance may be unreasonable in other circumstances.

Disclaimer: This summary is a guide only and is not legal advice. For more information, call ECA Legal on 6241 6129 or email ecalegal@ecawa.org.au