Restriction allowance. (1) An employee is entitled to an allowance (a restriction allowance) if the employee:
(a) is subject to a restriction direction; and
(b) is not at a classification level above the salary barrier or an AGS fee earner.
(2) However, the Secretary may grant a restriction allowance to an employee at a classification level above the salary barrier (unless they are an AGS fee earner).
(3) The allowance is to be paid for each hour or part of an hour restricted in accordance with the following table: Monday to Friday 7.5% Saturday or Sunday 10% Public holiday 15%
(4) However, if the Secretary has granted a restriction allowance to an employee at a classification level above the salary barrier, the salary for working out the hourly rate of salary is taken to be the maximum salary payable to an employee at the APS Level 6 classification, or the employee’s actual salary, whichever is lower.
(5) Despite subclauses (3) and (4), the Secretary may approve another rate of restriction allowance for an employee, having regard to the circumstances of the restriction direction.
(6) Restriction allowance is not payable for any period for which the employee receives another payment.
(7) If an employee who is subject to a restriction direction is required to perform duty, the relevant overtime provisions apply to the duty, subject to the following:
(a) if the employee is not recalled to a place of work to perform the duty – a 1 hour minimum payment; and
(b) if the employee is recalled to a place of work to perform the duty – a 3 hour minimum payment.
(8) Despite subclause (7), the total amount of overtime rates payable is limited to the period from the commencement of the overtime duty to when the employee would ordinarily commence duty under their ordinary pattern of work.
Restriction allowance. Where an employee is required to remain contactable, available and able to perform extra duty outside their agreed ordinary hours (i.e. be restricted), they will be paid a restriction allowance, subject to approval by the Secretary. Restricted employees will receive a restriction allowance at the rate of nine per cent of their ordinary hourly rate for each hour they are restricted outside the bandwidth, subject to: the employee remaining contactable, fit and available to perform extra duty and the employee not being in receipt of any other payment for the period for which restriction allowance would otherwise be payable, except as provided for in the following clause. Restriction allowance is payable whether or not the restricted employee is required to perform duty outside the agreed ordinary hours. Where a restricted employee entitled to overtime payment is required to perform duty, overtime will be payable and subject to: a one hour base rate of payment when work is performed without the necessity to travel to the workplace a three hour base rate of payment, including travel time, if work is required to be performed at the workplace. If an employee is required to perform subsequent periods of duty within the one hour minimum payment period, only the initial one hour minimum is payable. Where an employee is required to undertake a second period of duty that commences after the one hour minimum payment period has lapsed for the first period of duty, a second one hour minimum payment period commences and a further one hour minimum is payable. Restriction allowance will continue to be paid for periods of overtime worked while restricted. Emergency duty Emergency duty will attract a base payment of two hours (which includes reasonable travel time) at double the hourly rate, which will be payable for all emergency duty without prior notice. Executive Level employees will only be eligible to receive emergency duty payments in exceptional circumstances with the approval of the Secretary.
Restriction allowance i. week days: $3.30 per hour; and
ii. Saturday, Sunday or public holiday: $3.30 per hour plus $10.90 per day.
Restriction allowance. The CEO may approve the provision of a restriction allowance to an individual or group of employees who have been directed to be contactable and available to be recalled to duty outside their agreed bandwidth.
Restriction allowance. Where the Secretary requires an employee to remain contactable and available to perform extra duty outside their agreed ordinary hours (i.e. be restricted), they will be paid a restriction allowance.
Restriction allowance. 40.1 Only employees at ASIC 1-4 classification levels are eligible for restriction allowance payments.
40.2 Where ASIC directs an employee to be contactable and available to perform duties outside of their normal hours of duty, the employee will be paid an allowance calculated on the basis of their actual salary at the rate of:
(a) 7.5% of their hourly rate for each hour restricted from Monday to Friday;
(b) 10% of their hourly rate for each hour restricted on Saturday and Sunday; and
(c) 15% of their hourly rate for each hour restricted on public holidays.
40.3 Where during such period the employee is recalled to duty at a place of work, payment in accordance with the relevant overtime provisions will be made subject to a two-hour minimum payment. Payment will include reasonable travel time. Employees are entitled to either payment of a restriction allowance or overtime provisions but not both for the same period worked.
Restriction allowance. (1) An employee is entitled to an allowance (a restriction allowance) if the employee:
(a) is subject to a restriction direction; and
(b) is not at a classification level above the salary barrier.
(2) However, the Secretary may grant a restriction allowance to an employee at a classification level above the salary barrier.
(3) The allowance is to be paid for each hour or part of an hour restricted in accordance with the following table: Monday to Friday 7.5% Saturday or Sunday 10% Public holiday 15%
(4) However, if the Secretary has granted a restriction allowance to an employee at a classification level above the salary barrier, the salary for working out the hourly rate of salary is taken to be the maximum salary payable to an employee at the APS Level 6 classification.
(5) Despite subclauses (3) and (4), the Secretary may approve another rate of restriction allowance for an employee, having regard to the circumstances of the restriction direction.
(6) Restriction allowance is not payable for any period for which the employee receives another payment.
(7) If an employee who is subject to a restriction direction is required to perform duty, the relevant overtime provisions apply to the duty, subject to:
(a) if the employee is not recalled to a place of work to perform the duty — a 1 hour minimum payment; and
(b) if the employee is recalled to a place of work to perform the duty — a 3 hour minimum payment.
Restriction allowance. 91 Employees at the APS 6 classification or below who are required by the Secretary to be contactable and available to work for a specified period outside the Bandwidth, will be paid an allowance of $3.15 for each hour they are required to be contactable and available to work.
Restriction allowance. An employee who is directed to be contactable and to be available to perform extra duty outside of the employee's ordinary hours of duty will be eligible for payment of restriction allowance.
a. Employees who are not directed to be contactable or available to perform work outside of their ordinary hours of duty, but are required to perform work outside of their ordinary hours of duty as a result of work being fielded to them by a colleague on restriction duty will be eligible for overtime in accordance with clauses 143 – 154 where:
a) There is a clear time imperative for the work to be performed; and
b) The time imperative and the required work is approved by an employee at the EL2 classification or above.
b. Restriction allowance will be subject to the following conditions:
a) the restriction situation will be imposed by prior written direction, or subsequently approved in writing;
b) the provisions of clause 155–157 (Emergency Duty) will not apply where an employee is recalled to duty while restricted;
c) where an employee who has been placed on restriction duty is not contactable or available to perform extra duty outside of the employee’s ordinary hours of duty, they will not be paid the restriction allowance for the period they are not contactable or available.
Restriction allowance. The CEO may direct an employee to be contactable and available to perform duties outside the hours the employee attends for work (a restriction direction). An employee may refuse a restriction arrangement in circumstances where it would be unreasonable having regard to: any risk to employee health and safety the employee’s personal circumstances the needs of the workplace the notice (if any) given by the supervisor of the restriction direction and by the employee of their intention to refuse it, and any other relevant matter. A restriction direction must be in writing, stating what the employee is directed to do and how that differs from the employee’s normal work conditions. An employee is entitled to an allowance (a restriction allowance) if the employee: is subject to a restriction direction, and is not above the APS 6 level. According to operational requirements, the CEO may grant a restriction allowance to an employee at the EL1 or EL2 levels. The allowance is to be paid for each hour or part of an hour restricted as follows: Monday to Friday – 7.5 per cent of the hourly rate of salary Saturday or Sunday – 10 per cent of hourly rate of salary, and Public holiday – 15 per cent of hourly rate of salary. If the CEO has granted a restriction allowance under clause 199, the salary for calculating the hourly rate of salary is taken to be the maximum salary payable to an employee at the APS Level 6 classification. Despite clauses 200 and 201, the CEO may approve another rate of restriction allowance for an employee, having regard to the circumstances of the restriction direction. Restriction allowance is not payable for any period for which the employee receives another payment. If an employee who is subject to a restriction direction is required to perform duty, the relevant overtime provisions apply to the duty, subject to: if the employee is not recalled to the place of work to perform the duty – a one hour minimum payment, or if the employee is recalled to a place of work to perform the duty – a three hour minimum payment.
