RESTRICTION DUTY Clause Samples
RESTRICTION DUTY. Where the Secretary requires an Employee to remain contactable and available to perform extra duty outside the Employee’s standard hours of duty the Employee will be paid a restriction allowance. Restriction allowance: is payable whether or not the restricted Employee is required to perform duty outside their standard hours of duty; is only paid up to the maximum of the salary rate of the APS level 6 classification; will be paid at the rate of 10% of salary (salary includes any allowances paid as salary); is not paid during any periods of overtime or emergency duty; and will not be paid if the Employee is not contactable. An alternative rate of restriction allowance may be determined by the Secretary having regard to the circumstances of the restriction situation. Where a restricted Employee is required to perform duty, they will be paid overtime subject to: a one hour minimum payment when work is performed without the necessity to travel to the workplace; or a two hour minimum payment including travel time if work is required to be performed at the workplace. Part C – PEOPLE MANAGEMENT Performance management All Employees, excluding those in a Training position, are required to participate in the Department’s performance management process. Employees must be performing duties for at least six months of a financial year to be eligible for salary advancement under clauses 42 to 43 (inclusive), excluding periods of parental leave under clauses 158 to 169 (inclusive) or other exceptional circumstances approved by the Secretary. Employees who are engaged by or promoted in the Department between 1 January and 30 June in a year will not be eligible for salary advancement under clauses 42 to 43 (inclusive) in that year unless the Secretary determines otherwise. Where an Employee is in receipt of higher duties immediately preceding a promotion, the qualifying period for the purposes of clause 126 will commence on the date the period of higher duties commenced. Managing underperformance Underperformance will be managed in accordance with the Department’s policies and procedures relating to underperformance and against agreed criteria. These procedures are not to be used to address misconduct. The Department’s policy and procedures relating to the Code of Conduct are to be used in those cases. Employees on probation are also excluded from the policies and procedures relating to managing underperformance. Where individual Employees are assessed as having not met agre...
RESTRICTION DUTY. 26.1 Restriction direction The Delegate may direct an officer to be contactable and remain available to perform extra duty outside that officer’s normal hours of duty.
RESTRICTION DUTY. Where the Commissioner approves for an employee to be contactable and to be available to perform extra duty outside the bandwidth, for a period(s) of no less than 12 hours per period unless a reduced period is required and is approved by the Commissioner, the employee will be paid a Restriction Allowance at a flat rate of $46.80 per weekday and $57.20 for Saturdays, Sundays, public holidays and days falling within closedown periods. That is, if an employee is on restriction for less than one day, they will still receive the daily rate. The allowance rates will be indexed on 13 March 2025, having regard to the annual percentage change in the Consumer Price Index in the preceding December quarter. Where an employee in receipt of a Restriction Allowance is recalled to duty at a work location, a three hour minimum overtime payment will apply and where the employee is required to perform duty, but is not recalled to a work location, a one hour minimum overtime payment will apply. Restriction Allowance will continue to be paid for periods of overtime worked while restricted. Restriction Allowance is not payable to an employee while they are on leave. The Commissioner will approve the payment of overtime meal allowance to an employee who works approved overtime before or after ordinary hours or for a period not continuous with their ordinary hours where the overtime worked is up to the completion of, or beyond, a meal period specified below:
RESTRICTION DUTY.
24.1 You will be paid a restriction allowance of $3.50 (Monday to Friday) and $5.09 (Saturday, Sunday and public holidays) for each hour, or part thereof, you are restricted.
24.2 For the purposes of this clause:
(a) you are restricted if we require you to be immediately contactable and available to work outside your ordinary hours of duty; and
(b) you are contactable and available if you are:
(i) contactable by telephone; and
(ii) fit, ready and able to return to work within a reasonable time of being contacted.
RESTRICTION DUTY. Where the Secretary directs an employee to be contactable and to be available to perform extra duty outside the bandwidth, for a period(s) of no less than 12 hours per period unless a reduced period is required and is approved by the Secretary, the employee will be paid a Restriction Allowance at a flat rate of $45 per weekday and $55 for Saturdays, Sundays, public holidays and closedown days. That is, if an employee is on restriction for less than one day, they will still receive the daily rate.
RESTRICTION DUTY. 84.1 Where an APS1 to APS6 employee, GradABS, or EL1 employee who has been restricted under clauses 245.1 to 246.3, is required to perform extra duty in connection with that restriction duty, overtime will be paid.
RESTRICTION DUTY. Where the Secretary requires an employee to remain contactable and available to perform extra duty outside the employee’s standard hours of duty the employee will be paid a restriction allowance while they are restricted outside the standard hours of duty.
RESTRICTION DUTY. Where the Secretary directs an employee to be contactable and to be available to perform extra duty outside the bandwidth, for a period(s) of no less than 12 hours per period unless a reduced period is required and is approved by the Secretary, the employee will be paid a Restriction Allowance at a flat rate of $45 per weekday and $55 for Saturdays, Sundays, public holidays and closedown days. That is, if an employee is on restriction for less than one day, they will still receive the daily rate. Where an employee in receipt of a Restriction Allowance is recalled to duty at a place of work, a three hour minimum overtime payment will apply and where the employee is required to perform duty, but is not recalled to a place of work, a one hour minimum overtime payment will apply. The rate of payment for any overtime worked will be in accordance with clause 5.35. Restriction allowance will continue to be paid for periods of overtime worked while restricted. Restriction Allowance is not payable to an employee while they are on leave. OVERTIME MEAL ALLOWANCE The Secretary will approve the payment of an overtime meal allowance to an employee who works approved overtime before or after ordinary hours or for a period not continuous with ordinary/regular hours of work/duty, i.e. on weekends or public holidays, or outside their regular hours, to the completion of or beyond a meal period with a break for a meal and is not entitled to payment for that break or without a break for a meal over the following meal periods:
RESTRICTION DUTY. 48.1 Restriction duty is where the Chief Executive Officer directs an employee to be contactable and available to perform extra duty outside of the employeeʹs ordinary hours of duty.
48.2 Where an employee is so directed, payment will be subject to the restriction being imposed by the prior written direction of the Chief Executive Officer.
48.3 Payment for restriction duty is generally only available to Band 1 and Band 2 employees. In exceptional circumstances, the Chief Executive Officer may authorise payment for restriction duty to Band 3 employees. Any payment for Band 3 employees will be made at the salary rate equivalent to the top of Band 2.
48.4 Where an employee is directed under clause 48.1, he/she will be paid an allowance at a rate equivalent to 10% of his/her hourly rate of salary for Band 1 and Band 2 employees, or the salary rate specified under clause 48.3 for Band 3 employees for each hour so restricted.
48.5 No payment will be made to an employee for any period in which the employee does not remain contactable, or at the required degree of readiness to perform extra duty.
48.6 Where an employee is under restriction and is required to perform extra duty, the relevant overtime provisions will apply. However, where the employee is required to perform extra duty, but is not required to be recalled to the workplace, the minimum period of payment will be 1 hour.
48.7 The allowance for Restriction Duty is not paid during any period that attracts an overtime payment.
RESTRICTION DUTY. On Call/Overtime Provisions 39 48. Public Holidays 41 49. Compassionate Leave 41 50. Long Service Leave 42 51. Parental Leave 42 52. Recreation Leave 61 53. Christmas Closedown 63 54. Recreation Leave Loading 64 55. Recreation Leave Airfares 64 56. Personal Leave 65 57. Leave to Attend Industrial Relations Business 70 58. Release to Attend as a Witness 70 59. Release for Jury Service 70 60. Study Assistance and Leave 71 61. Domestic and Family Violence 73 62. Cultural and Ceremonial Leave 73