Employees classified at VPS Grade 5 and above may be expected to undertake reasonable additional hours to support service delivery.  New Overtime arrangements for these employees will be included in the Best Practice Employment Commitment (BPEC) and consequential amendments will be made to clause 41 (reasonable hours of work) of the Agreement to give effect to the BPEC commitment.

Overtime (certain provisions), hours of work, and workload review clauses in the Agreement will apply.

New guidance is provided about what is reasonable e.g. requiring work when you have a long planned personal commitment is not reasonable.  Where, at the direction of the employer, an employee classified as VPS5 or above or equivalent performs additional hours outside of the ordinary hours of work, the employer will have regard to clause 41.3 (reasonable hours of work) and clause 14 (workload), noting that those provisions of the Agreement apply to all employees covered by the Agreement.

Clause 41.4(a), requirement to pay overtime at the appropriate overtime rate, does not apply to an employee classified as VPSG5 or above or equivalent classification, except where they are subject to different Agency specific overtime conditions.

TIL will apply in some circumstances with the Employer and employees to agree on when taken, and will be paid out at salary level if not able to take time at end of employment

There are circumstances in which time in lieu should be applied.

The application of clause 41.7 and 41.8 to compensating VPS 5 and above classified employees for overtime worked will be consistent with these guidelines and the Employer will consider whether or not time in lieu is appropriate in all the circumstances.

Where the employer grants TIL to an employee, the employee should be permitted to take the time in lieu within a reasonable period.

TIL should not accrue beyond 38 hours but there may be exceptional circumstances where that does occur. Where this occurs, at a minimum, the hours of TIL above 38 hours should be take as soon as possible after they have accrued.

If due to ongoing work demands the employee has not been permitted to take TIL within 12 months of accrual, the employee may require that the employer permit the employee to use accrued TIL by giving written notice to the employer that they wish to take a period of TIL to reduce their accrued balance and outline the period of intended leave. Requests to take TIL in these circumstances should not be unreasonably refused. If TIL cannot be taken at the employee nominate time due to operational requirements, the Employer must agree to a time that the Employee is permitted to take the TIL within the following three months.

Where an employee has not been permitted to use accrued TIL within a reasonable period, the employer will also comply with clause 41.3 (reasonable hours of work) and clause 14 (workload) and consider strategies, for example a workload review under clause 14 or changes to operational practice, which seek to address the accumulation of TIL within the workplace and ensure the hours of work are reasonable.

Consistent with clause 41.1(a), the requirement to pay overtime does not apply to VPS 5 and above, including in the circumstances contemplated by clause 41.8(b).  Despite this, unused TIL will be paid out on termination in accordance with clause 41.8(d) of the Agreement.