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ARTICLE · 13 MARCH 2023

What is 'fair and reasonable overtime' in Australia?

Salaried employees are often expected to work 'fair and reasonable overtime' – but that is undefined in the FW Act.

AustraliaEmployment and HR

Legal proceedings involving an Independent Member of Pariliament and her subordinate, a political staffer, were described as an 'important test case' in relation to the meaning of 'fair and reasonable' overtime' in the workplace.

The matter was adjudicated upon yesterday, with the Federal Court of Australia dismissing the staffer's interlocutory application to get her job back on the basis she was terminated for refusing to work in excess of 70 hours a week, with the judge finding that such hours were not unfair given the nature of her position.

Rugg v Ryan

Mediation had earlier failed between Independent member for Kooyong in Victoria, Dr Monique Ryan, and her former chief of staff, Sally Rugg; the latter of whom alleged she was terminated from her position for refusing to work "unreasonable" hours.

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