Some modern awards provide for a span of ordinary hours for day workers which can be worked on Monday to Friday, but also on a Saturday. The situation may arise where an employee who is a day worker, whose ordinary weekly hours are 38, worked Monday to Friday inclusive but is then also required to work a Saturday to replace an employee who calls in sick. 

Can the employee be paid ordinary rates for the Saturday work because it falls within the span of ordinary hours prescribed by the modern award? 

Awards specify limitations 

The answer is that most modern awards specify limitations on the ordinary working hours of employees covered by the award. 

These limitations usually relate to the number of hours that may be worked on any day or in any week or other period specified, as well as the times each day, and on what days, during which such hours may be worked. 

The appropriate overtime penalty rate is applied to all hours worked in excess of the limitations prescribed. In most cases, overtime includes all time worked by a day worker: 

  • in excess of the maximum number of hours fixed for each day 
  • in excess of the maximum hours fixed for each week 
  • before the usual starting time or after the usual finishing time each day 
  • outside the times during which the award requires the ordinary hours to be worked each day. 

 In excess of the maximum hours 

In the example above, although the work falls within the span of ordinary hours prescribed by the award, the work on Saturday is work that is in excess of the maximum hours fixed for the week, and would therefore be paid at the appropriate overtime penalty rate or, where provided, the penalty rate for overtime worked on a Saturday.