OVERTIME AND TIME OFF IN LIEU. 19.1 Overtime is all time worked by an Employee with Estia Health’s approval:
(a) in the case of a casual Employee – in excess of 10 hours in a day, 38 hours per week or 76 hours per fortnight calculated in accordance with the applicable roster cycle; or
(b) for other Employees, other than in accordance with clause 18, subject to clause 9.3, Ordinary Hours of part time employees, for part-time non-nursing Employees;
(c) calculated per day.
19.2 Approved overtime worked by a nursing Employee:
(a) between midnight Sunday and midnight Saturday (ie, Monday – Saturday) is payable at time and a half for the first two hours and double time thereafter; or
(b) between midnight Saturday and midnight Sunday (ie, Sunday) is payable at double time; or
(c) at any time on a Public Holiday is payable at double time and a half, whichever is the highest applicable rate.
19.3 Approved overtime worked by an Aged care Employee:
(a) between midnight Sunday and midnight Friday (ie, Monday – Friday) is payable at time and a half for the first two hours and double time thereafter; or
(b) between midnight Friday and midnight Sunday (ie, Saturday and Sunday) is payable at double time; or
(c) at any time on a Public Holiday is payable at double time and a half,
(d) whichever is the highest applicable rate.
19.4 The applicable overtime penalty rate for Casual Employees is calculated on the casual hourly rate (being the base rate of pay provided for by Schedule 3 plus 25% casual loading).
19.5 Overtime rates are in substitution for and not cumulative upon the shift penalties prescribed in clause 31 (Weekend, Public Holiday & Shift Penalties).
OVERTIME AND TIME OFF IN LIEU. 29:01 This Article shall apply to all overtime worked by employees including overtime worked at premium rates (i.e. time and one-half [1½x] and double [2x] time).
29:02 The existing provisions in Article 28 on overtime will apply to all overtime credits earned up to eighty (80) hours per fiscal year.
OVERTIME AND TIME OFF IN LIEU. 76.1 Subject to this clause, all authorised time worked in excess of or outside of the ordinary hours of duty prescribed by clause 73 will be overtime and will be paid for at overtime rates in accordance with this clause.
76.2 Where the ordinary hours of duty are fixed, each day's work will stand alone in computing overtime and overtime rates will apply to all time worked in excess of or outside of the fixed hours.
76.3 Where daily ordinary hours of duty are flexible the total hours worked in a work cycle will be computed and overtime rates will apply to all time worked in excess of the ordinary hours of duty prescribed for the work cycle.
76.4 Any period of overtime which is continuous with ordinary duty and which extends beyond midnight will be deemed to have been performed on the day the overtime commenced.
76.5 Where overtime is not continuous with ordinary duty and involves duty before and after midnight, the overtime will be deemed to have been worked on the day for which the higher rate is payable.
76.6 Overtime will be calculated to the nearest quarter of an hour of the total amount of overtime worked in a work cycle.
76.7 The salary of a staff member for the purposes of computation of overtime will not include shift work allowances or the casual loading but will include higher duties allowance and any other allowance in the nature of salary.
76.8 Payment for overtime calculated for any period in accordance with the provisions of this clause will not be subject to any limitation in amount within a work cycle as defined at clause 73.
76.9 Subject to clause 76.10 below, the following rates will apply in respect of overtime: Table K Time worked Overtime payment Staff members other than shift staff members Monday to Saturday inclusive ordinary rate of pay plus an additional 50% of the ordinary rate of pay for the first three hours. Thereafter ordinary rate plus an additional 100% of the ordinary rate of pay. Staff members other than shift staff members Sunday ordinary rate of pay plus an additional 100% of the ordinary rate of pay All staff members University holiday ordinary rate of pay plus an additional 150% of the ordinary rate of pay Shift staff members Except on a University holiday ordinary rate of pay plus an additional 100% of the ordinary rate of pay
76.10 A staff member in receipt of a salary in excess of that prescribed for the top of the scale for Higher Education Worker (HEW) level 7 will not be eligible to receive payment for ove...
OVERTIME AND TIME OFF IN LIEU. (TOIL)
6.5.1 Except as hereinafter provided, all authorised work done by a part-time or full-time employee outside or in excess of the ordinary working hours on any day shall be paid for at the rate of time-and-a-half for the first two (2) hours and at the rate of double time for all work so performed in excess of two (2) hours on any one day. Double time shall be paid for work done on a Sunday or during a meal period for full-time and part- time employees Such payments shall be in addition to the actual or ordinary weekly salary paid to each employee. These penalties will be in substitution and not cumulative upon the shift loading prescribed in clause 6.4.
6.5.2 A casual employee who works after midday on a Saturday, or works on a Sunday, will be paid a loading of 75% for all time worked instead of the casual loading of 25%.
OVERTIME AND TIME OFF IN LIEU. 31.1 Executive level employees are not covered by these overtime provisions.
OVERTIME AND TIME OFF IN LIEU. 33.1 The Clerk may direct employees to work additional hours or overtime. Such a direction must be reasonable in all the circumstances but an employee may refuse to work the additional hours or overtime.
33.2 Employees at the Australian Parliamentary Service Levels 1/2 to 6 may claim payment for overtime where they are directed to, and work, outside the hours 8.00am to 6.00pm Monday to Friday.
33.3 A part-time employee who is directed to work additional hours may claim for payment as follows:
a. for any additional hours worked over and above his or her agreed hours up until 5.00pm – at the relevant single time rate; and/or
b. where eligible to claim payment for overtime in accordance with clause 33.2 – at the relevant overtime rate.
33.4 Sessional or casual non-ongoing (temporary) employees will be paid overtime for all hours they are directed to work beyond 7 hours and 30 minutes on any particular day or rostered period of duty.
33.5 Overtime is not payable to Parliamentary Executive level employees. The relevant program manager, subject to operational requirements and the employee’s personal needs, may approve time off in lieu of significant or consistent unpaid hours not otherwise remunerated by HSA or CA.
33.6 Employees who have worked authorised overtime may elect to take time off in lieu (TOIL) of overtime payment. TOIL will be calculated at the applicable overtime rate and subject to clauses 33.10 to 33.12.
33.7 Overtime rates are:
a. Monday to Saturday Time and one half; and
b. Sunday Double time.
33.8 Subject to clause 33.7, where authorised overtime is worked on a weekday public holiday, the rate will be double time for duty performed outside the standard hours and single time within standard hours as employees are already paid for the public holiday.
33.9 Employees are required to have a rest break of at least nine hours, including travel time, between ceasing work on any day or shift and commencing work on the next day or shift. Where, following direction by the Clerk, the employee is required to resume duty without completing a nine-hour break, he or she will be paid double time rates until he or she has had a nine-hour break.
33.10 Employees who elect to take time off in lieu of overtime payments, or who accumulate time off in lieu when travelling for official duty, may bank their TOIL credits to a maximum of 150 hours.
33.11 Access to TOIL credits is subject to operational requirements, the employee’s personal needs and relevant departmenta...
OVERTIME AND TIME OFF IN LIEU. All Employees
(a) Where an employee other than a clerical/administration employee, is directed to work outside or in excess of the hours prescribed by 3.7.5, 4.1.1, 4.1.4 (a), that employee will be paid overtime at the rate of time and a half for the first two (2) hours on any one day and double time thereafter. Overtime on a Sunday will be paid at the rate of double time. A minimum period of four (4) hours engagement will apply to all directed overtime on a Saturday and Sunday.
(b) Overtime for casual teachers, assistants and exempted teachers will be calculated in accordance with the following: Time and a half will be paid at the rate of 175% of the hourly rate (plus any all-purpose allowance payable) and double time will be paid at the rate of 225% of the hourly rate (plus any all-purpose allowance payable) after two hours. In calculating overtime, each day’s work will stand alone.
(c) Clerical/administration employee
(i) A clerical/administration employee who is directed to work outside or in excess of the hours prescribed in clause 3.1.2 (f) and 4.1.4 (b), that employee will be paid overtime according to the table below or time off in lieu, in accordance with clause 4.1.5 (a). Hours of overtime worked per day Minimum engagement period Overtime rate Continuing employees Casual employees Hours % of hourly rate % of hourly rate Monday to Saturday First 2 150 175 Monday to Saturday After 2 200 225 Hours of overtime worked per day Minimum engagement period Overtime rate Continuing employees Casual employees Hours % of hourly rate % of hourly rate Sunday All day 200 225 Public holiday all day 250 275
(ii) An employee is entitled to be paid overtime when the total overtime an employee has worked in one week reaches a minimum of half an hour;
(iii) An employer must pay an employee a minimum of three (3) hours at overtime rates for work performed on a Saturday where an employee has worked 38 hours or more over Monday to Friday;
(iv) An employee required to work overtime hours on a Sunday is entitled to not less than four (4) hours’ pay (inclusive of ordinary hours worked).
(d) Time off in Lieu instead of Overtime
(i) An employer and employee may agree in writing to the employee taking time off in lieu (TOIL) instead of being paid overtime as prescribed in paragraphs (a), (b) or (c).
(ii) The employer must keep a copy of any agreement under paragraph (d)(i) as an employee record.
(iii) Where such agreement is reached, the period of time off that an employee is ...
OVERTIME AND TIME OFF IN LIEU.
5.8.1 An Employee who at the direct request of the Employer works in excess of 7.5 hours on any one day or 37.5 hours in any one week shall be entitled to time off in lieu at the rate of one hour for each hour worked. The entitlement to time off in lieu shall be established prior to the Employee working the additional hours.
5.8.2 An Employee required to work overtime on Saturday, Sunday or a recognised holiday shall be entitled to time off in lieu of not less than 3 hours.
5.8.3 Whenever practicable time off in lieu shall be taken in the fortnight following entitlement.
5.8.4 The maximum accrual of time off in lieu shall be 37.5 hours at any one time, unless by prior mutual agreement in writing to cover the requirements of the Employer in exceptional circumstances.
5.8.5 The Employer shall make its best endeavours to ensure that the Employee is able to take time off in lieu to which they are entitled.
5.8.6 Time off in lieu unable to be taken during the leave year in which it is earned shall be cashed up at time and a half by 31 December each year. Time off in lieu may not be carried forward to a following leave year.
5.8.7 An Employee who at the direct request of the Employer works in excess of 10 hours on any one day or 80 hours in any fortnight shall be entitled to time off in lieu at the rate of one hour for each hour worked. The entitlement to time off in lieu shall be established prior to the Employee working the additional hours.
5.8.8 Whenever practicable time off in lieu shall be taken in the fortnight following entitlement.
5.8.9 The maximum accrual of time off in lieu shall be 40 hours at any one time, unless by prior mutual agreement in writing to cover the requirements of the Employer in exceptional circumstances.
5.8.10 The Employer shall make its best endeavours to ensure that the Employee is able to take time off in lieu to which they are entitled.
5.8.11 Time off in lieu unable to be taken during the leave year in which it is earned shall be cashed up at ordinary time by 31 December each year. Time off in lieu may not be carried forward to a following leave year.
5.8.12 An Employee who at the direct request of the Employer works in excess of their rostered hours on any one day or fortnight shall be entitled to time off in lieu at the rate of one hour for each hour worked. The entitlement to time off in lieu shall be established prior to the Employee working the additional hours.
5.8.13 Whenever practicable time off in lieu shall be take...
OVERTIME AND TIME OFF IN LIEU. (TOIL)
6.1 Inspectors shall not be entitled to overtime payments for work done outside of normal daily hours except with the Employer’s approval prior to overtime being worked.
6.2 All work completed outside the span of ordinary hours that has been approved by the Employer shall be paid at ordinary rates of pay.
6.3 Where the accrual of time in lieu is approved, it will only accrue when at least 30 minutes extra is worked a day. Inspectors cannot accrue lesser amounts.
6.4 Time in lieu must not accrue to more than 15.2 hours unless agreed otherwise in exceptional circumstances.
OVERTIME AND TIME OFF IN LIEU. 19.1 Overtime is all time worked by an Employee with Estia Health's approval:
(a) in the case of a casual Employee - in excess of 10 hours in a day, 38 hours per week or 76 hours per fortnight calculated in accordance with the applicable roster cycle;
(b) for all other Employees, subject to clause 10, Ordinary hours of part time Employees, in excess of ordinary hours set out at clause 18.1, Arrangement of Ordinary hours.
19.2 Approved overtime worked by a Nursing Employee:
(a) between midnight Sunday and midnight Saturday (i.e. Monday - Saturday) is payable at time and a half for the first two hours and double time thereafter;
(b) between midnight Saturday and midnight Sunday (i.e. Sunday) is payable at double time; or
(c) at any time on a Public Holiday is payable at double time and a half, whichever is the highest applicable rate.
19.3 Approved overtime worked by a Non-Nursing Employee:
(a) between midnight Sunday and midnight Friday (i.e. Monday - Friday) is payable at time and a half for the first two hours and double time thereafter;
(b) between midnight Friday and midnight Sunday (i.e. Sunday) is payable at double time; or
(c) at any time on a Public Holiday is payable at double time and a half, whichever is the highest applicable rate.
19.4 The applicable overtime rate for casual Employees is calculated on the casual hourly rate (being the Base Rate of pay provided for by Schedule 3 plus 25% casual loading).
19.5 Overtime rates are in substitution for and not cumulative upon the shift penalties prescribed in clause 31 (Weekend, Public Holiday and Shift Penalties).
19.6 Rest period after Overtime
(a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that Employees have at least 10 consecutive hours off duty, or 8 hours by mutual agreement (“Consecutive Hours Off Duty”) between the work of successive days or shifts, including overtime. Such agreement can be made in writing or by electronic means via the Estia Health time and attendance management system
(b) An Employee, other than a casual Employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least the Consecutive Hours Off Duty between those times, will be released after completion of such overtime, until they have had the Consecutive Hours Off Duty without loss of pay for ordinary working time occurring during such absence.
(c) If, on...
