General protections; refusing to work overtime may be workplace right

“In theoretical terms, I accept that the entitlement to refuse to perform overtime work may amount to a workplace right.  As previously indicated, the applicable workplace agreement stipulates that ARTC can require its employees to work additional hours which are reasonable and necessary to do the job without additional remuneration.  In this context, I accept that this agreement falls within the definition of workplace instrument contained within section 12 of the FWA.”

Wijethunge v Australian Rail Track Corporation Ltd No 2 (2016) FCCA 3014 per Brown J