From 16 September 2023, employers need to review what they are paying employees covered by the Professional Employees Award 2020. From this date, employees will be entitled to overtime payments and penalty rates unless the employee earns 25% or more of the appropriate annual salary.
Specific changes being introduced are:
- An employer and employee may agree that the employee’s ordinary hours of work will be averaged over a period of 13 weeks.
- For all hours worked in excess of 38 hours per week or an average of 38 hours per week, a full-time employee must receive the appropriate minimum hourly rate. This applies to all work on or in connection with call-backs, work performed on electronic devices or work otherwise performed remotely.
- Employees who perform remote work outside of ordinary hours need to complete a timesheet or other similar record outlining the times worked and a description of work performed.
- Employees can receive time in lieu instead of being paid overtime which will be subject to a separate agreement signed by the employer and employee.
- Employees will be entitled to penalty rates if the employer requires them to work before 6am or after 10pm, Monday to Saturday, or any time on Sundays or public holidays.
- Employers won’t need to pay overtime or penalty rates if the employee’s salary exceeds the applicable minimum annual salary rate under the Award by 25% or more.
If you have any questions relating to these changes, please contact the Source team on legal@sourceservices.com.au.
