14 February 2014

Overtime Arrangements, 2014

At the meeting of the Training Consultative Committee of 5 February the QTU sought an update from DETE on the implementation of Public Service Directive 7/13 in Queensland TAFE Institutes, in particular, in relation to the following sections:

Minister Assisting the Premier Directive: Hours, Overtime and Excess Travel

7.3      Subject to clause 7.4, compensation for overtime:
(a)      for employees (excluding field staff) in receipt of wages that do not exceed AO5(4) of the CRS and all casual employees, is in accordance with the provisions of an applicable industrial instrument;
(b)      for employees (excluding casual employees) in receipt of wages in excess of AO5(4) of the CRS but not in excess of AO6(4) of the CRS, is by the provision of equivalent time-off-in lieu (TOIL)
(c)      for employees (excluding casual employees) in receipt of wages in excess of AO6(4) of the CRS, is by the provision of equivalent TOIL.

7.4     A chief executive may, in exceptional circumstances, approve an exclusion from the salary limitations for overtime compensation set out in clause 7.3. Applications to a chief executive must be supported by persuasive evidence and must be considered on a case by case basis.

(a)     Where an exclusion is approved under clause 7.4, overtime will be paid at the AO5(4) rate unless otherwise approved by the chief executive.

DETE confirmed that all TAFE Institutes are now compliant with the Directive. There have been four instances where Institutes have sought and had approved exclusions under Clause 7.4 for specific groups of educational employees. One further application for exemption is expected.

The effect of the Directive on TAFE Educational Staff for 2014 is as follows:

  • For those on Salary Step 6 and below and for casual employees, the Award provisions continue to apply (i.e. payment for overtime may be by way of TOIL or monetary compensation).
  • For those on Salary Step 7 and all Leading Vocational Teachers, paragraph 7.3b of the Directive applies (i.e. payment for overtime is by the provision of equivalent TOIL). However, overtime will be paid out at ordinary time rates after 12 months from the date overtime was worked where:
    • (a) an employee has taken reasonable steps to avoid excessive TOIL balances; and
    • (b) the employee has been refused an application to take such TOIL. (see paragraph 10.3 of the Directive).
  • For Educational Administrators, paragraph 7.3c applies (i.e. compensation for overtime is by the provision of equivalent TOIL and there is no capacity for the pay out of unutilised TOIL).

It should be noted that future changes in the remuneration levels of public servants or educational staff may affect the applicability of Section 7.3 to various salary levels on the education salary scale.

 Authorised by Graham Moloney, General Secretary, Queensland Teachers' Union