AP824076 - Australian Government Employment – Conditions and Salaries Award 2003
[17.1.1 substituted by PR933442 ppc 02Jun03; corrected by PR936989 ppc 02Jun03]
17.1.1 Performance: Subject to the provisions of clause 17.1.2 and the prescribed conditions for overtime, an employee may be called for duty at any time required.
[17.1.2 substituted by PR933442 ppc 02Jun03]
17.1.2 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
17.1.2(a) any risk to employee health and safety;
17.1.2(b) the employee's personal circumstances including any family responsibilities;
17.1.2(c) the needs of the workplace or enterprise;
17.1.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
17.1.2(e) any other relevant matter.
17.1.3 Direction
Overtime is to be worked by prior direction, or if circumstances do not permit prior direction, subsequently approved in writing.
17.1.4 Meal periods disregarded
For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods will be disregarded.
17.1.5 Shiftworkers
Overtime conditions specified in this clause do not apply to shiftworkers where inconsistent with 18.3 (Overtime[shiftwork]).
17.1.6 Part-time employees – non shiftworkers
In the case of part-time employees who occupy classifications below the salary barrier:
17.1.6(a) overtime will be paid for all duty performed which is not continuous with an employee’s ordinary hours as prescribed at 16.9.2;
17.1.6(b) overtime will be paid for all duty performed on any day which is continuous with an employee’s ordinary hours as prescribed at 16.9.2, which in whole or in part, falls outside the period 8.00 a.m. to 6.00 p.m., where the employee also completes the ordinary hours of duty on that day; and
17.1.6(c) overtime will be paid for duty which is continuous with an employee’s ordinary hours, which falls wholly within the period 8.00 a.m. to 6.00 p.m. and which exceeds, in any one week, that employee’s prescribed weekly hours as prescribed at 16.9.1.
17.1.7 Part-time employees – shiftworkers
In the case of part-time employees who occupy classifications below the salary barrier, overtime will be paid for duty performed:
17.1.7(a) on any day which is beyond the normal rostered hours of duty on that day; and
17.1.7(b) in any week in excess of that employee’s prescribed weekly hours of duty under 16.9.1.
17.1.8 Definition
Duty will be considered overtime where (see clause 18.3 for equivalent shift worker provisions):
17.1.8(a) it is performed on Monday to Friday outside the span of ordinary hours;
17.1.8(b) it is performed on Monday to Friday during the span of ordinary hours but beyond the length of time the employee is formally rostered to work on the day concerned; or
17.1.8(c) it is performed on a Saturday, Sunday or Public Holiday.
An employee’s salary for the purpose of calculation of overtime will include any allowance in the nature of salary.
17.1.10 Formulas
The hourly rate for overtime payment will be ascertained by applying the following formulas:
Time and a half rate:
annual salary |
X |
6 |
X |
3 |
313 |
prescribed weekly hours before overtime is payable |
2 |
Double time rate:
annual salary |
X |
6 |
X |
2 |
313 |
prescribed weekly hours before overtime is payable |
1 |
Double time and a half rate:
annual salary |
X |
6 |
X |
5 |
313 |
prescribed weekly hours before overtime is payable |
2 |
17.1.10(a) For the purpose of calculating the formula at 17.1.9 prescribed weekly hours before overtime is payable will be 38. The exception is overtime worked on Sunday and outside ordinary hours on public holidays by employees whose weekly hours are 36 ¾ when prescribed weekly hours before overtime is payable will be 36 ¾.
17.1.11 Above barrier employees ineligible
Unless authorised by the CEO an employee in a classification above the salary barrier, will not be eligible to receive overtime payments under 17.2 (Rates), 17.4 (Minimum payment) or 17.5 (Emergency duty).
17.1.11(a) In the case of part-time employees in a classification above the salary barrier, extra duty will be paid at the employee’s normal hourly rate in respect of duty performed outside the ordinary hours as prescribed at 16.9.2, subject to the total of ordinary duty and extra duty not exceeding:
17.1.11(a)(i) On any day a maximum of either 7 hours and 21 minutes ordinary and extra duty as applicable to an equivalent full-time employee; and
17.1.11(a)(ii) In any week a maximum of either 36 hours and 45 minutes or 38 hours ordinary and extra duty as applicable to an equivalent full-time employee.
17.1.12 Sunday duty - day off in lieu
Where an employee performs a full day’s duty on Sunday, in addition to the employee’s prescribed hours of duty for the week, the employee will, wherever practicable, be granted a day off during the following week. Where this occurs, an employee who is eligible for the payment of overtime will be paid an additional one day’s pay, in lieu of the provisions of 17.2.2 (Sunday).
17.2.1 Monday to Saturday
Overtime worked Monday to Saturday will be paid at time and a half for the first three hours each day and double time thereafter (see 18.3 for rates for shiftworkers).
17.2.2 Sunday
Overtime worked on Sunday will be paid at the rate of double time.
17.2.3 Public Holiday:
Overtime worked on a public holiday as provided for in this award will be paid at the rate of double time and a half. For duty within standard hours, payment will be at time and a half additional to the single time being paid for the public holiday.
17.3 Rest Relief after overtime
An employee who works so much overtime as to have not had at least eight consecutive hours off duty plus reasonable travelling time:
17.3.1(a) between the termination of ordinary duty on any day, and the commencement of ordinary work on the next day; or
17.3.1(b) on a Saturday, Sunday or a public holiday, not being an ordinary working day, in the 24 hours preceding ordinary commencing time on the employee's next ordinary day or shift
will be granted time off under subclause 17.3.2.
17.3.2 Time off: Where the provisions of 17.3.1 apply, an employee will:
17.3.2(a) be allowed to leave work after such overtime for a period of eight consecutive hours off duty, plus reasonable travelling time and will suffer no loss of pay for ordinary working time occurring during the employee’s absence.
If an employee is required to resume or continue work, without having had time off duty in accordance with 17.3.2:
17.3.3(a) payment at double ordinary time rates will be made to the employee for time worked until the requirements of 17.3.2 are met.
17.3.4 Emergency duty
The provisions of 17.3.2 and 17.3.3 do not apply to overtime worked in the circumstances covered by 17.5 (Emergency duty) unless the actual time worked is at least three hours on each call.
17.3.5 Above barrier
The provisions of 17.3 will not apply to employees who are ineligible for overtime due to the salary barrier.
17.4.1 Four hour minimum
The minimum payment for each separate overtime attendance, which is not continuous with ordinary duty, will be four hours at the prescribed overtime rate.
17.4.2 Restriction
An employee who performs overtime while in a restriction situation under 17.6 (Restriction duty) will be entitled to a minimum overtime payment as specified in those provisions.
17.4.3 Multiple attendances
Where more than one attendance is involved, the minimum overtime payment provisions will not operate to increase an employee’s overtime remuneration beyond the amount which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a following attendance.
17.4.4 Duty over midnight
Where an overtime attendance, not continuous with ordinary duty, involves duty both before and after midnight, the minimum payment provisions of this subclause will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Where a higher overtime rate applies on one of the days, the minimum payment will be calculated at the higher rate.
17.4.5 Emergency duty
The provisions of 17.4 will not apply to duty which is covered by 17.5 (Emergency duty).
Where an employee is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given to the employee prior to ceasing ordinary duty, the employee will be paid for such emergency duty at the rate of double time. The time for which payment will be made will include time necessarily spent in travelling to and from duty. The minimum payment under this subclause will be two hours at double time.
17.6.1 Restriction direction
An employee may be directed to be contactable and to be available to perform extra duty outside of the employee’s ordinary hours of duty, subject to payment under this subclause.
17.6.2 Payment eligibility
Payment will be subject to the following conditions:
17.6.2(a) except with approval of the employer, employees above the salary barrier will not be eligible to receive payment;
17.6.2(b) the restriction situation is imposed by prior written direction, or is subsequently approved in writing; and
17.6.2(c) the provisions of 17.5 (Emergency duty) will not apply where an employee is recalled to duty while restricted.
17.6.3 Payment rate
An employee who is required to remain contactable and available to perform duty outside the employee’s ordinary hours of duty will, subject to 17.6.2, be paid an allowance:
17.6.3(a) at a rate of 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
17.6.3(b) at a rate of 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and
17.6.3(c) at a rate of 15% of the employee’s hourly rate of salary for each hour restricted on public holidays.
17.6.4 Salary rate
An employee's salary for the purpose of calculation of the allowance under 17.6.3 will include higher duties allowance and any other allowances in the nature of salary.
17.6.4(a) Where approval has been made for payment under 17.6 to an employee above the salary barrier, the annual salary component of the formula at 17.6.5 will be the annual salary payable to an Administrative Service Officer Class 6.
17.6.5 Formula: The hourly rate of payment will be calculated as follows:
annual salary |
X |
6 |
X |
% of salary prescribed in 17.6.3 |
313 |
38 |
17.6.6 The allowance under this subclause will be payable for each hour or part hour the employee is restricted outside the employee's ordinary hours of duty.
17.6.7 No concurrent payment
Any part of a period of restriction for which the employee receives another payment will not be included for calculating payments under 17.6.3.
17.6.8 Minimum payment - duty not at work
Where an employee who has been restricted under this subclause is required to perform duty, but is not required to be recalled to work, overtime payment will be made, subject to a one hour minimum payment.
17.6.9 Minimum payment - duty at work
Where an employee who has been restricted outside the employee's normal hours is recalled to duty at a place of work, payment in accordance with the relevant overtime provisions will be made subject to a three hour minimum payment.
17.6.10 Alternative rate
Notwithstanding the provisions of this clause, where an employee is placed in a restriction situation outside of the employee's ordinary hours of duty, the employee may be paid at an alternative rate having regard to the circumstances of the restriction situation.
