Requirement to Work Reasonable Additional Hours Clause Samples
The 'Requirement to Work Reasonable Additional Hours' clause obligates employees to work beyond their standard hours when reasonably necessary. Typically, this means that employees may be asked to stay late, come in early, or work occasional weekends to meet business needs, provided the extra hours are not excessive and take into account factors like health, safety, and personal circumstances. This clause ensures operational flexibility for employers during busy periods or unforeseen demands, while also setting boundaries to prevent unreasonable workloads.
Requirement to Work Reasonable Additional Hours. 34.10.1 The Employer may request or require any Employee to work reasonable additional hours (to be paid at overtime rates where applicable).
34.10.2 The Employee may refuse to work additional hours if they are unreasonable.
34.10.3 In determining whether the additional hours being requested or required to work are reasonable or unreasonable, the following must be considered:
(i) any risk to the Employee’s health and safety from working the additional hours;
(ii) the Employee’s personal circumstances, including other employment and family responsibilities;
(iii) the needs of the workplace or enterprise in which the Employee is employed;
(iv) whether the Employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects the expectation of, working additional hours.
(v) the notice (if any) given by the Employer of any request or requirement to work the additional hours;
(vi) the notice (if any) given by the Employee of his or her intention to refuse to work the additional hours;
(vii) whether any of the additional hours are on a public holiday and the usual patterns of work in the industry in which the Employee works;
(viii) the nature of the Employee’s role, and the Employee’s level of responsibility;
(ix) whether the additional hours are in accordance with averaging provisions within this Agreement;
(x) any other relevant matter.
Requirement to Work Reasonable Additional Hours. (a) An employer may require an employee to work reasonable additional hours at the rates of pay in this Agreement.
(b) An employee may refuse hours of work which are unreasonable.
(c) In determining whether additional hours are reasonable or unreasonable the following must be taken into account:
(i) any risk to employee health and safety from working the additional hours;
(ii) the employee’s personal circumstances including family responsibilities;
(iii) the needs of the workplace or enterprise in which the employee is employed;
(iv) 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;
(v) any notice given by the employer of any request or requirement to work the additional hours;
(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;
(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;
(viii) the nature of the employee’s role and level of responsibility;
(ix) whether the additional hours are in accordance with averaging terms included in a modern award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee, in accordance with sections 63 or 64 of the Act ; and
(x) any other relevant matter.
(d) Time must be computed from the time the employee is rostered or registers for duty, whichever is the later, and until the employee has been effectively released from duty.
Requirement to Work Reasonable Additional Hours. 16.2.1 The Company may require an employee to work reasonable additional hours at additional hours rates.
16.2.2 The requirement to work additional hours shall be limited as follows:
i) Administration: no more than 2 additional hours per week;
ii) Workshop Supervisor: no more than 15 additional hours per week;
iii) Drivers: no more than 20 additional hours per week unless mutually agreed in advance in writing, provided that it will be an average of no more than 128 hours in each 4-week cycle for day shift and an average of 80 hours for night shift.
iv) Mechanics: no more than 20 additional hours per week unless mutually agreed in advance in writing, provided that it will be an average of no more than 128 hours in each 4-week cycle.
16.2.3 An employee may refuse to work additional hours in circumstances where the working of such additional hours would result in the employee working hours which are unreasonable having regard to:
i) any risk to employee health and safety;
ii) the employee’s personal circumstances including any family responsibilities;
iii) the needs of the workplace or enterprise;
iv) the notice, if any, given by the Company of the additional hours and by the employee of their intention to refuse it; and
v) any other relevant matter.
Requirement to Work Reasonable Additional Hours. 20.9.1 Subject to 20.9.2, an employer may require an employee to work reasonable additional hours at the appropriate rate.
20.9.2 An employee may refuse to work additional hours in circumstances where the working of such hours would result in the employee working hours which are unreasonable.
20.9.3 In determining whether additional hours that an employee is required or requested by an employer to work are reasonable additional hours, all relevant factors must be taken into account. Those factors may include, but are not limited to, the following:
Requirement to Work Reasonable Additional Hours. 13.2.1 Employees may also be required to work reasonable additional hours. In determining whether additional hours are reasonable or unreasonable, the following factors must be considered:
13.2.1.1 Any risk to Employee health and safety from working the additional hours;
13.2.1.2 The Employee’s personal circumstances, including family responsibilities;
13.2.1.3 The needs of the workplace or enterprise in which the Employee is employed;
13.2.1.4 The notice (if any) given by the Company of any request or requirement to work the additional hours;
13.2.1.5 The notice (if any) given by the Employee of their intention to refuse to work the additional hours;
13.2.1.6 The usual patterns of work at the site, or the part of the site, in which the Employee works;
13.2.1.7 The nature of the Employee’s role, and the Employee’s level of responsibility;
13.2.1.8 Any other relevant matter.
Requirement to Work Reasonable Additional Hours. The employer may require any employee to work reasonable additional hours.
Requirement to Work Reasonable Additional Hours. There is no substantive change to this clause.