In early 2018, the Federal Court of Australia heard a legal battle between United Voice, the union that reports security guards, and Wilson, one of Australia`s largest security companies. The employment of Wilson employees and United Voice members was covered by the 2010 Security Services Industry Award. If a job has a registered contract, the premium does not apply. However, registered contracts apply until they are terminated or replaced. The principle set out in this decision is that overtime is a flexible and more flexible requirement than previously anticipated. It seems open to employers to move overtime to hours that also reduce penalty interest. This practice significantly reduces the total cost of labour by removing penalties and reducing superannuation premiums paid against the time that attracts these penalties. On October 31, 2016, Wilson stated that overtime would no longer be paid against hours worked on Thursdays and Fridays and that overtime would be paid for Sunday work hours. Stefan Russell-Uren is a civil lawyer specializing in civil law.
These principles do not seem to be limited to the price of safety. The Federal Court`s explanations of the concept of overtime were not based on the Security Award, but on the historical and industrial definition of overtime. However, it is clear that the conditions of the increase or agreement on the definition of regular hours for the implementation of the overtime allowance must be in line with the security premium. The Bundesgerichtshof was asked only one question on whether overtime can be paid for working hours before reaching the normal working time limit. It concluded that it could do so. . In this conclusion, Tracey J. considered a number of ongoing cases within the Fair Labour Commission (FWC), including cases before the full bank of the FWC, in which it was questioned whether overtime could be relocated as part of a rollover table for the benefit of employers. (i) 76 hours during a two-week rotation chart cycle; (ii) 114 hours during a rolling chart cycle of no more than three weeks; (iii) 152 hours within a maximum of four weeks; or (iv) 304 hours during a rolling chart cycle of no more than eight weeks. . . .
United Voice appealed the decision to the Federal Court of Australia. Overall, the complaint again dealt with the same arguments. Tracey held, “overtime is hours that are worked in addition to normal hours,” but “Rosting agreements are at the employer`s discretion. With respect to the exercise of this discretion, there is no explicit restriction on the exercise of this power in the arbitral award. Employers and their staff managers will be fully aware of the various penalties and burdens on workers` working time, particularly in sectors where business is managed at irregular hours. Because they can dramatically influence an organization`s overall profitability, they are usually the subject of intense negotiations. However, if overtime is completed within one week or a roll-time cycle of more than one week, overtime may be moved to different locations during the period. This conclusion confirmed the extension allocation, as implemented by Wilson. The scope of the Bundesgerichtshof`s decision was based on the security award conditions and was limited to the allocation of overtime within the security sector. The decision did not establish a principle for the allocation of overtime to other awards or other industrial instruments. . Hours worked on Sundays did not exceed the limit of normal working hours prescribed by the premium.
Given that the price provided for a 100% penalty interest on Sundays – and employers did not charge a penalty for a penalty (i.e.