Overtime and Penalty Rates. 3.3.1 For the purpose of calculating overtime and aggregation payments the following arrangements apply in respect to how portions of an hour are treated: 0 – 7 minutes, no payment. 8 – 22 minutes paid as 0.25 of an hour. 23 – 37 minutes paid as 0.50 of an hour. 38 – 52 minutes paid as 0.75 of an hour. 53 – 59 minutes paid as 1.00 hour.
Overtime and Penalty Rates. 22.1. All time worked by any full-time or part-time employee in excess of the rostered working hours on any one day, or in excess of an average of 38 hours per week in any roster cycle as provided for in clause 13.1 and 13.2, will be overtime. In accordance with clause 10.1 and 10.3, all time worked by a casual employee in excess of 10 hours in one day or 38 hours in one week will be overtime.
22.2. Overtime as defined in clause 22.1 will be paid as follows:
a. 150% of the ordinary hourly rate for the first 2 hours; and b. 200% of the ordinary hourly rate after 2 hours.
22.3. Casual employees are not in receipt of overtime rates provided for in clause 22.2 in addition to the casual loading.
22.4. Employees will be entitled to a break of at least 10 hours between shifts.
22.5. Where an employee is required by the employer to resume work without having a break of at least 10 hours between shifts, they will be paid 200% of the ordinary hourly rate for all time worked until they have had a break from work of at least 10 hours, or 8 hours by agreement.
22.6. Ordinary hours on a Sunday will be paid for at 150% of the ordinary hourly rate.
22.7. All time worked on a public holiday will be paid for at 250% of the ordinary hourly rate.
22.8. Casual employees are not in receipt of Sunday and Public Holiday rates provided for in clauses 22.6 and 22.7 in addition to the casual loading.
22.9. A minimum payment of 4 hours will apply for work performed on a Sunday or a public holiday.
22.10. Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 22.12.
22.11. The rates in clauses 22.6 and 22.7 are in substitution for and not cumulative upon the shift rates prescribed in clause 22.2.
22.12. An employee, other than a casual, and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
22.13. Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 22.12.
22.14. An agreement must state each of the following:
a. the number of overtime hours to which it applies and when those hours were worked;
b. that the employer and employee agree that the employee may take time off instead of bei...
Overtime and Penalty Rates. 3.5.1 Additional hours overtime: Additional hours overtime is time worked by a full time or part time Employee at the request of the Employer in excess of the Employee’s ordinary rostered hours for the cycle, including:
a) time worked in excess of the rostered hours for a shift; and b) shifts worked in addition to those rostered.
3.5.2 The Employer shall endeavour to allocate Additional Shifts to Employees on a reasonable and equitable basis.
Overtime and Penalty Rates. 26.1 Each employee who is normally rostered to work on Saturday, Sunday and Public Holidays will be paid in accordance with the following:
i. Saturday - time and one half;
ii. Sunday - double time.
iii. Public Holidays - double time
26.2 Council may require any employee to work reasonable overtime on any day.
26.3 Except as otherwise prescribed by this Agreement, any employee who is directed, by the Divisional Manager or other employee authorised by the Council, to work:
i. In excess of their ordinary hours of work will be paid for all time at the rate of time and one half for the first two hours worked double time thereafter.
ii. Overtime worked on Sundays or on a public holiday will be paid for at the rate of double time.
26.4 When an employee, after having unplanned worked overtime, finishes work at the time when reasonable means of transport are not available and where an employee does not have their own vehicle at work, the Council will provide a conveyance to their place of residence. Failing the provision of this transport, the employee will be paid ordinary rates of pay for the time it would reasonably take them to reach their home, together with any reasonable travelling expenses incurred.
26.5 An employee recalled to work overtime after leaving the place of work will be paid a minimum payment of four hours pay at the appropriate overtime rates of pay. Subsequent call outs within that four hour period will not attract an additional payment. When calculating the hours worked on a call out, travelling time, using the most direct route from and to an employee’s home will be taken into account.
26.6 The Recall of Employee provisions do not apply for overtime worked of less than three hours duration under the following circumstances.
i. For the purpose of changing shift rosters; or
ii. Where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
iii. Where a shift is worked by arrangement between the employees themselves.
Overtime and Penalty Rates. 8.1 The parties agree that the provisions of this Agreement substitute for the overtime and penalty rate provisions provided by the City of Newcastle Enterprise Agreement 2010.
8.2 If the employee is required to perform duties, other than those referred to in Clause 9, outside of normal working hours for his substantive position, he will be entitled to overtime as prescribed by the City of Newcastle Enterprise Agreement 2010.
Overtime and Penalty Rates. Additional Hours Overtime: Additional hours overtime is time worked by a full time or part time Employee at the request of the Employer in excess of the Employee’s ordinary rostered hours for the cycle, including: time worked in excess of the rostered hours for a shift; and shifts worked in addition to those rostered. The Employer shall endeavour to allocate Additional Shifts to Employees on a reasonable and equitable basis. Reasonable Additional Hours: the Employer may require any Employee to work reasonable overtime and the Employee shall work overtime in accordance with such requirement. Where an Employee is requested or rostered to work: additional hours immediately before or after the Employee’s rostered ordinary hours the Employee shall not unreasonably refuse the request provided that the Employee will not be required to remain on duty for more than two hours beyond the Employee’s Rostered Shift except in cases of Emergency; and one Additional Shift per fortnightly roster cycle or Additional Shifts to meet exceptionally busy periods including, but not restricted to: Australia Day; Royal Show Week; Christmas Pageant; Major Sporting Events (e.g. football matches, soccer, rugby) and New Year’s Eve, the Employee shall not unreasonably refuse the request. An Employee shall be under no obligation to work an Additional Shift on a rostered day off shown on the Base Roster as a Protected Day Off. However, should an Employee agree to work on their Protected Day Off, the Employee will be paid at usual additional hours overtime rates. Notwithstanding this provision, under sub- clause 3.3.10e) the Employer can roster an ordinary hours shift on a day shown on the Base Roster as a Protected Day Off in the circumstances nominated in that provision.
Overtime and Penalty Rates. All work performed in excess of or outside the employee’s ordinary hours of duty as prescribed by clause 9 of this Agreement will be payable at the rate of 1.5 times for the first two hours and double time thereafter Monday to Sunday inclusive. In computing overtime each day’s work will stand alone. Penalty rates as defined by this sub clause will apply to part-time and casual employees only when the hours performed exceed nine in any day within the spread of ordinary hours of work, of this Agreement and for work performed outside this spread. Where overtime is necessary it will, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days. Where an employee is called out to work overtime after leaving their place of employment on any day Monday to Sunday (whether notified before or after leaving such place of employment) that employee will be paid a minimum of three hours’ work calculated at the appropriate overtime rate as set out in the Agreement. Where that employee is required to travel more than 15 minutes to attend work, the travel time in excess of 15 minutes each way shall be included as time worked and be included as part of the minimum of three hours’ work. When the overtime is continuous (subject to a reasonable meal-break) with the completion or commencement of ordinary working hours. This clause does not apply to employees covered in Clause 13 (split shifts) or employees who have previously notified the employer of the employee’s availability for additional shifts at short notice. An employer may require an employee to work reasonable overtime at overtime rates. 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:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
(v) any other relevant matter. Where a casual employee (in receipt of payment of the loading in lieu of payment for annual leave, sick leave and public holidays), works outside the normal spread of hours, the hourly rate (exclusive of the above loading if paid) will be increased by the appropriate overtime penalty. The hourly rate of par...
Overtime and Penalty Rates. 22.1 Subject to Clause 22.8 all-time worked outside the ordinary hours of work will be overtime and will be paid for at the rate of time and a half (150%) for the first two hours and double time (200%) thereafter.
22.2 Overtime at the rate of double time (200%) will be paid for all time worked after first 3 hours on a Saturday or any overtime worked after 12pm on a Saturday and all-day Sunday where such time is not part of an employee’s ordinary shift. Overtime outside of 7.6 hours on a Sunday will be paid at a rate of double time (200%).
22.3 In computing overtime, each day’s work will stand alone.
22.4 When overtime work is necessary it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
22.5 An employee working overtime will be provided with a half hour for meal break and a suitable meal or be paid a meal allowance in any of the following circumstances:
(a) when required to work beyond 6.00 pm; or
(b) if overtime continues beyond 10.00 pm.
22.6 Where an employee’s ordinary hours of work are less than 38 per week, by agreement between that employee and the employer, an employee may work and be paid at ordinary time up to two hours beyond their normal finishing time. In any case, an employee will not be required to work more than 10 hours in any one day nor more than 76 hours in any one fortnight without the payment of overtime. For the purposes of this clause week means Monday to Sunday inclusive.
22.7 In computing overtime, calculation will be made to the nearest five minutes.
22.8 Time off in lieu of overtime payment
(a) An employee may only be released from duty at the request of the employee and with the agreement of the employer. Such agreement will be in writing.
(b) An employee may not accumulate more than 20 hours to be taken as leave instead of overtime payment and leave will be taken within four weeks of the accrual. Where such leave is not taken in this period it will be paid for at the appropriate overtime rate.
(c) This provision will only apply in respect of overtime worked between Monday to Friday inclusive. Normal penalties for overtime worked on Saturday, Sunday and public holidays will apply for those days.
22.9 Rate used for calculating Overtime
Overtime and Penalty Rates. 11.1 Any hours worked in excess or outside of the colleague's ordinary hours shall attract overtime at a rate of time and one half for the first two (2) hours, and then double time thereafter (measured at 15 minute intervals). All overtime requires approval in advance by the relevant manager.
11.2 Overtime worked on a Sunday shall attract an overtime rate of 200% of the colleague's Base Hourly Rate.
11.3 Overtime shall be based on a colleague’s Base Hourly Rate except where otherwise provided.
11.4 A colleague and their manager may agree to time off in lieu of overtime payments at a rate of time for time. Any agreement to have time off in lieu of overtime must be recorded in writing and specify the day, start time and finish time of the overtime.
11.5 Overtime performed on a public holiday shall attract an overtime rate of double time and a half (250%) for the first two hours and triple time (300%) thereafter. This overtime rate includes payment of the public holiday penalty.
11.6 A colleague xxx refuse to work overtime in circumstances where the working of such overtime would result in the colleague working hours which are unreasonable having regard to the risk to the colleague's health and safety, the colleague’s personal circumstances including any family responsibilities, the needs of the workplace and any other relevant matter.
11.7 A minimum 10 hour break must be maintained between finishing and starting times.
11.8 If a colleague is required to work ordinary hours during any of the following span of hours the corresponding penalty rate will apply:
Overtime and Penalty Rates. 5.1 The overtime and penalty rates are set in accordance with the method of calculation provided for by the Clerks Award and applied to the base rate of pay outlined in clause 2 of this Schedule 2.
