AP785611 - Journalists (Television) Award 1998
20.1.1 Any amount paid to a member in excess of the minimum weekly award rate of pay for the member's grade shall not be regarded as a set-off against overtime worked.
20.1.2 The hourly rate for overtime purposes shall be calculated dividing the minimum weekly award rate of pay for the member's grade by 38.
20.2 All overtime payments due to a member shall be made within 18 days of the end of the week or fortnight, as the case may be, in which the overtime was worked.
20.3 Daily overtime represents all time worked outside a member's rostered hours of duty, except for time worked on a rostered day off.
20.4 Daily overtime shall be compensated for in the following manner:
20.4.1 Up to and including the first hour of overtime shall either be given off as time in lieu at the rate of time and a half within the following fortnight or paid for at the rate of time and a half at the discretion of the employer.
20.4.2 Overtime in excess of one hour shall be paid for at the rate of time and a half for the first hour and double time thereafter.
20.4.3 A member may, by mutual agreement with his or her employer, opt to take overtime as time off in lieu at the rate of single time within the next 12 months. Such agreement shall be recorded in writing.
20.5 Any time allowed off duty in lieu of overtime shall be deemed to be ordinary hours for the day or days on which the time off in lieu is taken.
20.6 When a member is not given the days or nights off duty as provided for in clause 18, the member shall be paid at the rate of double time for all work done on any such day or days with a minimum payment for four hours.
20.7 Insufficient break represents all time worked before the expiration of 12 hours from the completion of duty on one day and the resumption of duty - except during distant engagements and shall be compensated as follow:
20.7.1 If the break is less than eight hours, overtime shall be paid for at the rate of double time for all work done before the expiration of the 12 hours break;
20.7.2 If the break is eight hours or more, overtime shall be paid for at the rate of time and a half for all work done before the expiration of the 12 hours break;
20.7.3 If a member is called upon to resume duty within 12 hours of completion of a distant engagement, overtime shall be paid at the rate of time and a half for all work done before the expiration of the 12 hours break.
20.7.4 Time worked during any period of insufficient break shall not be included in the calculation of weekly hours.
20.8 In no circumstances shall overtime as provided for in any of the foregoing subclauses be compensated for more than once.
20.9 Treatment of overtime on termination or resignation
20.9.1 The provisions of this subclause shall apply where the employment of a member who is owed overtime terminates.
20.9.2 Where the employment of a member is terminated as provided for in award or by agreement between the member and his or her employer, the member shall be either paid for the overtime owed at the award rate for overtime or, if practical and agreed between the member and his or her employer, the overtime shall be allowed off as time in lieu as provided for in the award.
20.9.3 Where the employment of a member is terminated by the member otherwise than as provided in subclause 12.1, overtime owed to the member at the date of termination shall be dealt with as follows:
20.9.3(1) The money value of the overtime owed shall be calculated at the award rate of pay for overtime (the amount so calculated being referred to as the “overtime payment due” for the purpose of this subclause).
20.9.3(2) An amount (to be known as the “gross notice shortfall”) shall be calculated by multiplying the weekly salary of the member at the date of termination by the number of weeks, and if appropriate part weeks, notice of termination which the member was required by the award to give but failed to give.
20.9.3(3) The amount of the gross notice shortfall shall be reduced by the amount of any salary which the member has forfeited under subclause 12.3 with the balance being referred to for the purposes of this subclause as the “net notice shortfall”.
20.9.3(4) Where the net notice shortfall is equal to or exceeds the overtime payment due, no payment shall be made to the member for overtime owed.
20.9.3(5) Where the net notice shortfall is less than the overtime payment due, the member shall be paid the difference.
20.10 Notwithstanding the above, overtime on a distant engagement shall be governed by clause 25 Distant engagements.
