Q: We have an employee that has the following clause in their CEA:
OVERTIME
(c) An employee may, when requested by the Manager, agree to work additional hours or shifts witch fall within the 80 hours, per fortnight and 8 hours per day. These additional hours will not attract overtime payment.
(d) Overtime shall be calculated on a daily basis.

My question is, the employee worked 4 extra hours shift on the Sat 04/06, but took Mon 06/06 off, as Public Holiday Taken. She was paid a total of 85.75 hours for the period, but no OT. Should the PHNW be considered in the 80 hours/fortnight for overtime purpose, or should it be deducted, because it was actually not worked? Please advise

A: A PHNW is part of the week so should be seen as part of the agreed hours of work for the fortnight (part of the 80 hours) not on top of the 80.

PHNW is part of continuous employment for the employee.