QLD Employment Law - Are We Entitled Overtime Pay?

[Timothy]

Part of my job requirements is to turn up on site "fit for work", i.e.- be hydrated, well rested, in good physical and mental health and free from the influence of drugs/alcohol. Pretty standard stuff. I work in an extremely hot environment doing physical labour.

Last week, another bloke went down with severe dehydration. This week, everyone was hydration tested before being able to go to work. We are allowed 3 failed hydration tests before work before it is an issue. Myself and 2 others failed twice and passed on the 3rd. As such, we were late getting to our job area which resulted in lost time. The superintendent then put us on a performance improvement plan which stipulates that we must undertake a hydration test before we start work and after we finish every day for 4 shifts. This requires us to come to work before our shift begins to be tested and after we have finished. We are not being paid and overtime has been refused on the grounds that he did not dock our pay for the lost time on the first shift.

Just curious as to where we stand under Employment Law and are we legally entitled to be paid overtime for doing these tests outside of work hours?

 

[Therese]

Hi Timothy,

it sounds reasonable that you should be paid overtime for doing these tests outside work hours however I would suggest trying to clarify it from your Employment Contract, Enterprise Agreement or the Policy and Procedures of the workplace.

By checking these documents it is most likely that it has been specified and that will give you an answer.

The company may have made itself exempt from paying overtime and if you have signed it then you cannot be paid.

If you have further questions I would suggest getting in contact with an employment lawyer they will be able to discuss if you have a case to challenge your employer. See Get Connected with the Right Lawyer for You.