Common use of Banking of Hours Clause in Contracts

Banking of Hours. (i) A full time or part time employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON: (a) work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when the additional hours are worked. (ii) An employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., an hour for an hour). (v) Unless there is mutual agreement, an employee may not have banked or owe the employer more hours than they are contracted to work in a seven day period. (vi) Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) The hospital must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records. (viii) On termination of employment the employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) A full time or part time employee Employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON: (a) work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are worked. worked against any owing under (iii) above. An employee Employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) . An employee Employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) worked in accordance with the banking of hours provisions prescribed under this Clause. Time debited or credited under these arrangements shall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an employee . An Employee may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day period. (vi) time. Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) Employees. The hospital must keep detailed records of all hours credited and debited to employees Employees under these arrangements. Employees must have full access to these records. (viii) . On termination of employment the employer Employer must pay the employee Employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) A full full-time or part part-time employee Nurse Caregiver may, by prior written agreement made daily, weekly or fortnightly with their Nurse/Midwifery Nurse Unit Manager or DONDirector of Clinical Services: (a) work Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work Work more than their daily, weekly weekly, or fortnightly rostered roster or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (a) above. (ii) An employee A Nurse Caregiver who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee A Nurse Caregiver who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time workedworked in accordance with the banking hour provisions prescribed under this Clause. (iv) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an employee A Nurse Caregiver may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) Employees Nurse Caregivers who have hours in debit must be given first option to work additional hours prior to the use of casual employeesNurse Caregivers. (vii) The hospital Employer must keep detailed records of all hours credited and debited to employees Nurse Caregivers under these arrangements. Employees Nurse Caregivers must have full access to these records. (viii) On termination of employment the employer Employer must pay the employee Nurse Caregiver for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause Clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (ia) A full full-time or part part-time employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON:unit manager. (ai) work Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (bii) work Work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when payment for the additional hours are workedworked or set off the additional hours worked against any hours banked under the sub-clause above. (iib) This agreement is to be made under the system as outlined below: (i) An employee who works less than their her/his rostered or contracted hours shall be paid as if those hours had have been worked during the relevant roster cycle or contract period, including payment for any weekend or shift penalties that would otherwise have been due for . (ii) Hours banked under this provision will be banked on the basis of their ordinary time not workedequivalent. (iii) An employee who works more than their rostered or contracted Overtime hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra banked under this provision will be banked on the basis of two (2) times the time worked. For example, two (2) hours overtime will be banked as four (4) hours. (iv) Time debited or credited Hours worked under these arrangements shall all this provision outside the spread of ordinary hours will be at ordinary converted to the applicable penalty rate equivalent (for example, three (3) hours worked on a Saturday will use 4 1/2 hours of banked time, (i.e., an hour for an hour). (v) Unless there is mutual agreement, an An employee may not have banked accumulate more than one (1) week's equivalent of normal hours (positive or owe negative) in her/his bank under the employer more hours than they are contracted to work sub-clauses in a seven day periodClause 20(b) or (c) above at any one time. (vi) Employees who have accumulated hours in debit to be worked must be given first option to work additional hours prior to the use of on-call or casual employees. (vii) The hospital must keep detailed records of all An employee who agrees to work banked hours credited and debited to employees under these arrangements. Employees must have full access to these recordson a shift on which a shift allowance is payable shall receive a pro rata allowance for those hours worked on that shift. (viii) On termination The Employer must keep proper records of employment the employer must pay the employee for all hours in credit accrued and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in creditworked by each employee. (ix) Either party An employee shall have the right be entitled to terminate an agreement full access to her/his record of hours accrued and worked under this clause with two weeks’ noticeprovision. (x) For Where on termination of employment an employee has not worked all her/his banked hours, the avoidance Employer may deduct monies paid to the employee for those banked hours for any entitlements owing to the employee by the Employer including payment for accrued annual leave and long service leave at the ordinary rate of pay. (xi) Where on termination a employee has not taken time off in lieu of additional hours worked, the employee shall be paid for those additional hours worked at the ordinary rate of pay. (xii) Banked hours will be taken at times mutually agreed between the employer and employee. (xiii) Where an employee is required to make up hours as per this clause, those hours may be worked in shifts of up to 10 hours duration by mutual agreement at ordinary time for the purposes of making-up time up to ordinary contracted hours for a particular week or roster cycle. (xiv) Banked hours must be taken within 12 months of accrual. Similarly, an employee must make up any doubthours owed to the employer within 12 months. In the event banked hours are not taken within the 12 month period, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii))they must be paid out.

Banking of Hours. (i) 20.1 A full full-time or part part-time nursing employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager unit manager or DONDirector of Nursing: (a) work 20.1.1 Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work 20.1.2 Work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when payment for the additional hours are workedworked or set off the additional hours worked against any hours banked under the sub-clause above. (ii) An 20.2 This agreement is to be made under the system as outlined below. 20.2.1 A nursing employee who works less than their her/his rostered or contracted hours shall nevertheless be paid as if those rostered or contracted hours had have been worked during the relevant roster cycle or contract period, including payment for any weekend or shift penalties that would otherwise have been due for . 20.2.2 Hours banked under this provision will be banked on the basis of their ordinary time equivalent. 20.2.3 Overtime hours banked under this provision will be banked on the basis of 2 times the time not worked. For example, two (2) hours overtime will be banked as four (4) hours. 20.2.4 Hours worked under this provision outside the spread of ordinary hours will be converted to the applicable penalty rate equivalent (iii) An employee who works more than their rostered or contracted for example, 3 hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) Time debited or credited under these arrangements shall all be at ordinary worked on a Saturday will use 4½ hours of banked time, (i.e., an hour for an hour). (v) Unless there is mutual agreement, an 20.2.5 A nursing employee may not have banked accumulate more than one (1) week’s equivalent of normal hours (positive or owe negative) in her/his bank under the employer more hours than they are contracted to work sub-clauses in a seven day periodClause 20.1.1 or 20.1.2, above at any one time. (vi) Employees 20.2.6 Nursing employees who have accumulated hours in debit to be worked must be given first option to work additional hours prior to the use of on-call or casual nursing employees. (vii) The hospital 20.2.7 A nursing employee who agrees to work banked hours on a shift on which a shift allowance is payable shall receive a pro rata allowance for those hours worked on that shift. 20.2.8 Healthscope must keep detailed proper records of all hours credited accrued and debited worked by each nursing employee. 20.2.9 A nursing employee shall be entitled to employees under these arrangements. Employees must have full access to these recordsher/his record of hours accrued and worked under this provision. (viii) On 20.2.10 Where on termination of employment a nursing employee has not worked all her/his banked hours, Healthscope may deduct monies paid to the employer must pay the nursing employee for all those banked hours for any entitlements owing to the nursing employee by Healthscope including payment for accrued annual leave and long service leave at the ordinary rate of pay. 20.2.11 Where on termination a nursing employee has not taken time off in credit lieu of additional hours worked, the nursing employee shall be paid for those additional hours worked at the ordinary rate of pay. 20.2.12 Banked hours will be taken at times mutually agreed between Healthscope and employee. 20.2.13 Where an employee is required to make-up hours as per this clause, those hours may deduct from termination pay be worked in shifts of up to 10 hours duration by mutual agreement at ordinary time for the value purposes of making-up time up to ordinary contracted hours for a particular week or roster cycle. 20.2.14 Banked hours must be taken within 12 months of accrual. Similarly, an employee must make up any hours in debitowed to Healthscope within 12 months. Employers may negotiate a deduction payment plan with In the employee for event banked hours in creditare not taken within the 12 month period, they must be paid out. (ix) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) A full time or part time employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Nurse Unit Manager or DON: (a) work Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work Work more than their daily, weekly weekly, or fortnightly rostered roster or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (i) above. (ii) An employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time workedworked in accordance with the banking hours provisions prescribed under this Clause. (iv) Time debited or credited under these arrangements shall hall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an An employee may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) The hospital must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records. (viii) On termination of employment the employer must pay the employee for all hours in credit and may deduct from form termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) A full full-time or part part-time employee Nurse Caregiver may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Nurse Unit Manager or DONDirector of Nursing: (a) work Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work Work more than their daily, weekly weekly, or fortnightly rostered roster or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (a) above. (ii) An employee A Nurse Caregiver who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee A Nurse Caregiver who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time workedworked in accordance with the banking hour provisions prescribed under this Clause. (iv) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an employee A Nurse Caregiver may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) Employees Nurse Caregivers who have hours in debit must be given first option to work additional hours prior to the use of casual employeesNurse Caregivers. (vii) The hospital Employer must keep detailed records of all hours credited and debited to employees Nurse Caregivers under these arrangements. Employees Nurse Caregivers must have full access to these records. (viii) On termination of employment the employer Employer must pay the employee Nurse Caregiver for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause Clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) 8.1 A full time or part time employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Nurse Unit Manager or DON: (a) work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (a) above. (iia) An employee who works less than their rostered or contracted hours in accordance with Clause 8 Banking of Hours shall be paid as if those though the hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iiib) Employees who work less than their rostered or contracted hours and who have a positive TOIL balance are to expire this balance before going into debt. 8.3 An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) 8.4 Time debited or credited under these arrangements shall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an 8.5 Time credited under these arrangements shall all be at overtime rates. 8.6 An employee may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) 8.7 Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) 8.8 The hospital must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records. (viii) 8.9 On termination of employment the employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) 8.10 Either party shall have the right to terminate an agreement under this clause with two weeks’ weeks notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) A full time or part time employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON: (a) work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when the additional hours are worked. (ii) An employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., an hour for an hour). (v) Unless there is mutual agreement, an employee may not have banked or owe the employer more hours than they are contracted to work in a seven day period. (vi) Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) The hospital must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records. (viii) On termination of employment the employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 1921) or TOIL (Clause 19(xiii21(xiii)).

Banking of Hours. (i) A full time or part time employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON: (a) work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (i) above. (ii) An employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an An employee may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) The hospital must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records. (viii) On termination of employment the employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) ‌ a. A full time or part time employee Employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON: (a) i. work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) ii. work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (i) above. (ii) b. An employee Employee who works less than their rostered or contracted hours shall will be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) c. An employee Employee who works more than their rostered or contracted hours shall will not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) d. Time debited or credited under these arrangements shall will all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an employee e. An Employee may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) f. Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employeesEmployees. (vii) g. The hospital Employer must keep detailed records of all hours credited and debited to employees Employees under these arrangements. Employees must have full access to these records. (viii) h. On termination of employment Employment the employer must pay the employee Employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) i. Either party shall will have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) 19.5.1 A full full-time or part part-time nursing employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager unit manager or DON: (a) work Director of Nursing:- Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work or Work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when payment for the additional hours are workedworked or set off the additional hours worked against any hours banked under the sub-clause above. (ii) An 19.5.2 A nursing employee who works less than their her/his rostered or contracted hours shall nevertheless be paid as if those rostered or contracted hours had has been worked during the relevant roster cycle or contracted period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. 19.5.3 Hours banked under this provision will be banked on the basis of their ordinary time equivalent (iii) An employee who works more than their rostered or contracted for example, two hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra overtime normally paid at double time worked. (iv) Time debited or credited under these arrangements shall all will be at ordinary time, (i.e., an hour for an hourbanked as four hours). 19.5.4 Hours worked under this provision outside the spread of ordinary hours will be converted to the applicable penalty rate equivalent (v) Unless there is mutual agreementfor example, an three hours worked on a Saturday will use four and a half hours of banked time). 19.5.5 A nursing employee may not have banked or owe accumulate more than thirty eight hours in her/his bank under the employer more hours than they are contracted to work sub-clauses in a seven day periodClause 19.5.1 at any one time. (vi) Employees 19.5.6 Nursing employees who have accumulated hours in debit to be worked must be given first option to work additional hours prior to the use of on-call or casual nursing employees. (vii) 19.5.7 A nursing employee who agrees to work banked hours on a shift on which a shift allowance is payable shall receive a pro rata allowance for those hours worked on that shift. 19.5.8 The hospital employer must keep detailed proper records of all hours credited accrued and debited worked by each nursing employee. 19.5.9 A nursing employee shall be entitled to employees under these arrangements. Employees must have full access to these recordsher/his record of hours accrued and worked under this provision. (viii) On 19.5.10 Where on termination of employment a nursing employee has not worked all her/his banked hours, the employer must pay Employer may deduct monies paid to the employee for all those banked hours in credit and may deduct from termination pay the value of for any hours in debit. Employers may negotiate a deduction payment plan with entitlements owing to the employee by the Employer including payment for hours in creditaccrued annual leave and long service leave at the ordinary rate of pay. (ix) Either party 19.5.11 Where on termination a nursing employee has not taken time off in lieu of additional hours worked, the employee shall have be paid for those additional hours worked at the right to terminate an agreement under this clause with two weeks’ noticeordinary rate of pay. (x) For 19.5.12 Banked hours will be taken at times mutually agreed between the avoidance employer and employee. Provided that where there is no agreement the employer may require employees to take banked hours at certain times to ensure efficient use of any doubt, any agreement made under (i)(b) staffing resources. 19.5.13 Where an employee is required to make-up hours taken as per 19.5.1 of this clause sub clause, those hours may be worked in shifts of up to 10 hours duration by mutual agreement at ordinary time for the purposes of making-up time up to ordinary contracted hours for a particular week or roster cycle. If the employee does not constitute Overtime (Clause 19) agree to work the make-up hours by working a 10 hour shift the hours to be made-up must be worked on some other occasion as mutually agreed within the 4 week roster cycle. These make up hours shall be paid at ordinary time. 19.5.14 By agreement in writing between the employer and the employee, an employee may elect to work up to six hours on a particular day or TOIL (Clause 19(xiii))shift without a meal break.

Banking of Hours. (ia) A full time or part time employee may, by mutual agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DONmanager: (ai) work Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (bii) work Work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing. (iib) An employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iiic) An employee who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (ivd) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., ie. an hour for an hour). (ve) Unless there is mutual agreement, an An employee may not have banked more than their fortnightly hours (contracted hours or owe equivalent fortnightly ordinary hours averaged over the employer more previous 6- month period, whichever is the higher) in debit or credit at any point in time. Banked hours than they are contracted to work in a seven day periodwill be cleared by mutual agreement between the employee and management. (vif) Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employeeshours. (viig) The hospital Employer must keep detailed records of all hours credited and debited to employees under these arrangements. Employees must have full access to these records. (viiih) On termination of employment the employer Employer must pay the employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ixi) Either party shall have the right to terminate an agreement under this clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).

Banking of Hours. (i) A full 18.1 Full time or part time employee Employees may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DONthe Hospital: (a) work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work more than that their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu (TOIL) of payment, provided such hours are taken within a twelve (12) week period from when payment for the additional hours are worked; or (c) set off the additional hours worked against any hours banked under the subclause above. (ii) An employee 18.2 Employees who works work less than their rostered or contracted hours shall will nevertheless be paid as if those rostered or contracted hours had been worked during the relevant roster cycle or contract period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. 18.3 Hours banked under this provision will be banked on the basis of their ordinary time equivalent. (iii) An employee who works more than their rostered or contracted for example, two hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra overtime normally paid at double time worked. (iv) Time debited or credited under these arrangements shall all will be at ordinary time, (i.e., an hour for an hourbanked as 4 hours). 18.4 Hours worked under this provision outside of the spread of Ordinary Hours will be converted to the applicable penalty rate (v) Unless there is mutual agreement, an employee for example 4 hours worked on a public holiday paid at the rate of double time and a half will be banked as 10 hours). 18.5 An Employee may not have banked or owe the employer accumulate more than 76 hours than they are contracted to work in a seven day periodtheir bank at any one time. (vi) 18.6 Employees who have accumulated hours in debit to be worked must be given first option to work additional hours prior to the use of on-call or casual employeesEmployees. (vii) 18.7 The hospital Hospital must keep detailed proper records of all hours credited accrued and debited to employees under these arrangementsworked by each Employee. Employees must have will be entitled to full access to these recordstheir record of hours accrued and worked under this clause. (viii) On 18.8 Where on termination of employment the employer must pay an Employee has not worked all of his/her banked hours, The Eye Hospital may deduct monies paid to the employee for all those banked hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with entitlements owing to the employee by the Hospital, including from payment due for hours in creditaccrued annual leave and long service leave at the ordinary rate of pay. (ix) Either party shall have 18.9 Where on termination of employment an Employee has a remaining TOIL balance, the right to terminate an agreement under this clause with two weeks’ noticeEmployee will be paid for those hours at the ordinary rate of pay. (x) 18.10 Banked hours will be taken at times mutually agreed between the Hospital and the Employee. If mutual agreement cannot be reached, the Hospital may require an Employee to take banked hours at certain times to ensure efficient use of resources. 18.11 For the avoidance of any doubt, part-time Employees may bank hours worked on any day in excess of their contracted daily hours and up to a maximum of eight (8) hours, or ten (10) hours by agreement, at their ordinary rate. Hours worked in excess of 8 hours (or 10 hours by agreement made under (i)(b– see subclause 12.3) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii))in any day may be converted to the applicable overtime rate and banked.

Banking of Hours. (i) a. A full time or part time employee Employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager or DON: (a) i. work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) ii. work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (i) above. (ii) b. An employee Employee who works less than their rostered or contracted hours shall will be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) c. An employee Employee who works more than their rostered or contracted hours shall will not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time worked. (iv) d. Time debited or credited under these arrangements shall will all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an employee e. An Employee may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) f. Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employeesEmployees. (vii) g. The hospital Employer must keep detailed records of all hours credited and debited to employees Employees under these arrangements. Employees must have full access to these records. (viii) h. On termination of employment Employment the employer must pay the employee Employee for all hours in credit and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) i. Either party shall will have the right to terminate an agreement under this clause with two weeks’ noticenotice ❒ Full-Time ❒ Part-Time ❒ Casual a. Unless otherwise agreed, Employees must receive a minimum break of eight hours between shifts. (x) For b. Employees must not work more than two quick shifts within a period of seven days. A quick shift is an evening shift which is followed by a morning shift. c. Where an Employee has not been provided with the avoidance appropriate break between shifts and the Employee's next rostered shift is due to commence: • without loss of any doubtpay the Employee will be released either before or after their shift so they have the appropriate break; or • if the Employee agrees to work without the appropriate break, any agreement made under (i)(b) the Employee will be paid until they are released from duty at overtime rates as set out in clause F.F9. • once released from duty the Employee will be entitled to be absent from work until they have had their appropriate break without loss of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii))pay for the working time occurring during such an absence.

Banking of Hours. (i) A full full-time or part part-time employee Employee may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Unit Manager manager or DON: (a) supervisor: work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) or work more than their daily, weekly or fortnightly rostered or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are worked. worked against any owing under (iia) above. An employee Employee who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for had the time not hours been worked. (iii) . An employee Employee who works more than their rostered or contracted hours shall not receive payment for any weekend or weekend, shift penalties or allowances that would otherwise have been due for that extra time worked. (iv) . Time debited or credited under these arrangements shall all be at ordinary time, (i.e., an hour for an hour). (v) Unless there is mutual agreement, an employee . An Employee may not have banked more than the equivalent of the Employee’s fortnightly ordinary hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day period. (vi) time. Employees who have hours in debit must be given first option to work additional hours prior to the use of casual employees. (vii) The hospital Employees. AHCL must keep detailed records of all hours credited and debited to employees Employees under these arrangements. Employees must have full access to these their records. (viii) . On termination of employment the employer employment, AHCL must pay the employee Employee for all hours in credit at the ordinary rate of pay and may deduct from termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause Clause with two weeks’ ' notice. . An Employee who works more than five hours will be entitled to an unpaid meal break of between 30 and 60 minutes duration, and shall not count as time worked. Provided that where an Employee is called upon and authorised by their Manager or supervisor to work for any portion of his/her meal break, such time shall count as ordinary working time and be paid at the Employee’s ordinary rate of pay (x) For together with the avoidance casual loading in the case of any doubta casual Employee). An Employee who works shifts of not more than six ordinary hours may elect, any agreement made under (i)(b) with the consent of the Employer, to forgo the unpaid meal break. Notwithstanding the provisions of subclause 30.1 of this clause does Clause, an Employee required to work in excess of ten (10) ordinary hours, shall be entitled to a 60-minute unpaid meal break. Such time shall be taken as either two 30-minute meal breaks or one 60-minute meal break, subject to agreement between AHCL and the Employee. An Employee who is required to work overtime for more than two hours without being notified on the previous day or earlier that he or she will be so required to work, shall be provided by the Employer with a meal free of charge, or access to such a meal in the form of a meal voucher, or paid the amounts set out in Item 8 of Table 2 of Schedule B. Part-time Employee means an Employee who is engaged to work a standard or set number of hours of less than an average of 38 hours per week. At AHCL the rostering patterns and pay periods mean that these hours of work are worked on the basis of 76 hours per fortnight. The exact number of hours worked by a part-time Employee, up to a maximum of 76 hours per fortnight, will be used for the purposes of calculating accrual of all leave. Before commencing part-time employment, AHCL and the Employee will agree in writing on: the span of hours that the Employee may be rostered within a four week period. This span of hours shall include which shifts the Employee may be rostered to work; and the days of the week the Employee may be rostered to work within a four week period; and the agreed minimum number of contracted hours to be worked per four week period. Part-time Employees are entitled to the benefits under this Agreement on a pro rata basis, unless expressed otherwise in this Agreement (e.g. ceremonial leave, family violence leave). Part-time Employees shall be paid an hourly rate calculated on the basis of one thirty­ eighth of the appropriate rate prescribed by Table 1 of Schedule A for the classification in which they are employed. Part-time Employees shall receive a minimum payment of four (4) hours for each start. AHCL is committed to maximising its permanent workforce (full time and/or part time staff) whilst ensuring that staffing is in line with occupancy levels. AHCL will ensure that current part time staff who have advised their supervisor/manager that they are available to work will be offered additional shifts in the first instance where practicable. Where a part time Employee is not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii))available additional shifts would then be offered to casual staff where applicable.

Banking of Hours. (i) A full time or part time employee Nurse Caregiver may, by agreement made daily, weekly or fortnightly with their Nurse/Midwifery Nurse Unit Manager or DONDirector of Nursing: (a) work Work less than their daily, weekly or fortnightly rostered or contracted hours and work those hours at a later date, provided such hours are worked within a twelve (12) week period from when the time when less hours are worked; or (b) work Work more than their daily, weekly weekly, or fortnightly rostered roster or contracted hours and take time off in lieu of payment, provided such hours are taken within a twelve (12) week period from when or may set off the additional hours are workedworked against any owing under (a) above. (ii) An employee A Nurse Caregiver who works less than their rostered or contracted hours shall be paid as if those hours had been worked during the relevant period, including payment for any weekend or shift penalties that would otherwise have been due for the time not worked. (iii) An employee A Nurse Caregiver who works more than their rostered or contracted hours shall not receive payment for any weekend or shift penalties that would otherwise have been due for that extra time workedworked in accordance with the banking hour provisions prescribed under this Clause. (iv) Time debited or credited under these arrangements shall all be at ordinary time, (i.e., i.e. an hour for an hour). (v) Unless there is mutual agreement, an employee A Nurse Caregiver may not have banked more than 76 hours in debit or owe the employer more hours than they are contracted to work credit at any point in a seven day periodtime. (vi) Employees Nurse Caregivers who have hours in debit must be given first option to work additional hours prior to the use of casual employeesNurse Caregivers. (vii) The hospital Employer must keep detailed records of all hours credited and debited to employees Nurse Caregivers under these arrangements. Employees Nurse Caregivers must have full access to these records. (viii) On termination of employment the employer Employer must pay the employee Nurse Caregiver for all hours in credit and may deduct from form termination pay the value of any hours in debit. Employers may negotiate a deduction payment plan with the employee for hours in credit. (ix) Either party shall have the right to terminate an agreement under this clause Clause with two weeks’ notice. (x) For the avoidance of any doubt, any agreement made under (i)(b) of this clause does not constitute Overtime (Clause 19) or TOIL (Clause 19(xiii)).