Common use of Restriction allowance Clause in Contracts

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. (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 a higher 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.. Division 5.9 Emergency duty