Overtime pay for employees covered by the Professional Services Award


Starting from the first full pay period commencing on or after September 16, 2023, employees are eligible for overtime compensation if they work beyond:

  1. 38 hours per week, or
  2. An average of 38 hours per week.

An employee’s regular working hours can be calculated based on a rolling 13-week period.

Additionally, employers may request or require employees to work overtime, provided it is deemed reasonable. Factors such as an employee’s salary or position should be considered when determining the reasonableness of overtime hours.

Employers are also obligated to provide overtime pay to employees for any additional work performed through call-backs or remote work using electronic devices, such as laptops or phones.

Penalty Rates
Employees are entitled to receive penalty rates for working during specific times and on particular days. Further details regarding penalty rates are outlined below, and these regulations also take effect on September 16, 2023.

Compensation for Overtime
Employees must be compensated at their minimum hourly rate for overtime work. If overtime is worked during periods that qualify for penalty rates, employees are entitled to receive the higher rate.

Employers and employees can mutually agree to grant time off instead of overtime pay. Any such agreement should be documented using the provided template in Schedule F of the award.

For additional information, please refer to the Overtime pay section: Changes to overtime and penalty rates in the Professional Employees Award – Fair Work Ombudsman

Written by Ross Ahmadzai

25 Sep, 2023

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