Fair Work: Overtime remains protected

Unions have welcomed an important Fair Work Australia test case backing the principle that workers should be paid overtime when they request to work flexible hours.

ACTU secretary Jeff Lawrence said the full bench decision in the case involving aged care provider Bupa Care Services "confirms when employees volunteer to work overtime, they should not be disadvantaged".

"It reinforces our view that long-established conditions and community standards remain protected under the new Fair Work laws," he said.

"Workers spent many years campaigning for the 38-hour week, and those who volunteer to work overtime should be properly compensated."

Employers had appealed the Fair Work decision that rejected a deal between UK owned Bupa health conglomerate and two unions that would have allowed flexible hours without paid overtime.