- As before, an employee can refuse to work any overtime hours that are unreasonable. The following new factors must now be considered:
- whether the employee receives any monetary benefits for working the additional hours (e.g. overtime or penalty rates);
- the usual patterns of work in the industry;
- the nature of the employee’s role and level of responsibility; and
- whether the additional hours comply with the averaging requirements under clause 36 of the Modern Award.
- The clause also clarifies that reasonable overtime is to be paid at ‘overtime rates’ and is subject to s 62 of the Fair Work Act 2009 (Cth).