This fact sheet outlines your rights regarding your hours of duty, flex time and any changes to your regular hours. These matters are covered by Clauses 71, 72, 73 and 74 of the ATO (General Employees) Agreement 2009.
Specified hours and Settlement Periods
If you are a full time employee your specified hours are
147 hours in a settlement period. If you are a part time employee your specified
hours are the hours that were agreed to in your part time work agreement. The
settlement period is a four week period which commences on a Thursday and
comprises of two fortnightly pay periods.
The bandwidth for regular working hours in all BSLs for
ongoing employees and non ongoing employees who commenced at ATO prior to 8 July
2009 is 7am to 7pm Monday to Friday. However where the valid majority of
employees agreed the bandwidth can be extended to 7am to 9pm. If you are a non
ongoing employee and commenced at ATO after 8 July 2009 the bandwidth is 7am to
Your regular hours are your agreed pattern of hours by
which you will work your specified hours in a settlement period. These hours are
agreed between you and your team leader and must be within the bandwidth hours.
Either you or your team leader can initiate a review of your regular hours,
however the change must be agreed. Your regular hours must consist of a start
and finish time and a meal break of at least 30 minutes after 5 hours. The
maximum number of hours you can work in one day is 10 hours, unless you are
operating under an extended bandwidth, where the maximum working time in any one
day is 12 hours and 15 minutes. If no agreement can be reached over your regular
hours they will be the standard hours of duty for the workplace which are 8.30am
to 4.51pm with an unpaid hour lunch break between 12.30pm and 1.30pm.
Change of Regular Hours
If you are an ongoing employee either you or your team
leader can initiate a review of your regular hours, however the change must be
agreed to. If you are a non ongoing employee and commenced employment at the ATO
after 8 July 2009 your regular hours can be change by your team leader providing
they give you a minimum of 4 weeks notice. The changes cannot be more than a
total of 2 hours of your start and finish time.
What about scheduling?
Scheduling is the rostering arrangement that ensures that
the Client Service Window (CSW) of 8am – 6pm is covered. Scheduling applies to
inbound telephony work including first point of contact areas, “plus 1” areas
that take referrals and provide support to these areas and employees in
operations doing outbound telephony and/or Operations processing work where the
ATO decides it is needed.
If you are working
in a scheduled environment your regular hours will be rostered over the 147
hours settlement period if you are full time, or your stipulated hours of work
if you are part time. The ATO is required to let you advise them of your
preferred working hours and any other hours you cannot work. They must also take
personal hardship factors into account and ensure equity and fairness for all
employees when drafting a roster. You cannot be scheduled to start earlier than
7.45am or finish after 6.15pm. You must have a minimum of 30 minutes unpaid
break after working 5 hours and cannot be rostered on for more than 10 hours in
a day. The rostered hours will be regarded as your regular working hours for the
period of the roster. For more detail please see ATO GE Agreement 2009
Fact Sheet #9 – “Scheduling”
Flextime is an arrangement where you can have some freedom
in choosing your individual daily working hours. It does not change or amend
your regular hours over a settlement period. Flextime can only be worked within
your bandwidth hours. Flextime allows for you to work either more or less hours
on a given day.
Flex credit and flex leave
You can accumulate up to 30 hours of flex credit at the
end of a settlement period. If your flex credit exceeds the acceptable level
your team leader will authorise flex leave in the next settlement period to
reduce your credit to an acceptable level. Flex leave is where you work less
than your nominated hours on any one day. Flex leave needs to be approved by
your team leader.
A flex debit occurs when you have worked less than your
nominated regular hours in a settlement period. The maximum number of hours you
can have in flex debit in a settlement period is 15 hours. These hours can be
carried over indefinitely. Any flex debit in excess of 15 hours at the end of a
settlement period will be deducted from salary, leave entitlements, or in
special circumstances, your team leader may approve an extra settlement period
to reduce the debt.
Employees not covered by flex time arrangements
If you are an EL1 under Clause 73.22 you are not part of
the formal flextime scheme. However you may work flexible hours by arrangement
with your team leader.
If you are engaged as a casual employee or a shift worker
you are not eligible for flex time provisions. If you are a non ongoing employee
who commenced work at the ATO after 8th July 2009 you are not entitled to access
flex time provisions.
Withdrawal of flextime provisions
If you have previously been warned or counseled about the
misuse of flextime your team leader may direct you to work your regular hours
without access to flextime or work standard hours (830am-4.51pm) with or without
You are required to record your actual times of starting
and finishing duty and unpaid breaks in the manner determined by your particular
CPSU exists to make a positive difference to members’ lives. Collective
strength gives us the power to defend your rights at work. To join CPSU see your
workplace delegate for an application form, join securely online at
www.cpsu.org.au or call 1300 137 636.