AN160268 – Public Service Award 1992
(1) For the purposes of this Clause, the following terms shall have the following meanings:
(a) "Overtime" means all work performed only at the direction of the employer or a duly authorised officer outside the prescribed hours of duty.
(b) "Emergency Duty" means: duty by an officer required to return to duty, without prior notice, to meet an emergency at a time that the officer would not ordinarily have been on duty.
(c) "Prescribed hours of duty," means an officer's normal working hours as prescribed by the employer in accordance with Clause 20. - Hours, of this Award.
(d) "Duly authorised officer" means an officer or officers appointed in writing by the employer for the purpose of authorising overtime.
(e) "A day" shall mean from midnight to midnight.
(f) "Public Holiday" means the days prescribed as Public Holidays in Clause 24. - Public Holidays of this Award.
(g) "Ordinary travelling time" means time that an officer would have ordinarily spent in travelling once daily from the officer's home to the officer's usual headquarters and home again.
(h) "Excess travelling time" means all time travelled on official business outside prescribed hours of duty and away from the officer's usual headquarters in accordance with subclause (8) of this Clause.
(i) "Fortnightly salary" means an officer's substantive salary exclusive of any allowances such as the district allowance, personal allowance, qualifications allowance, service allowance, special allowance, or higher duties allowance unless otherwise approved by the employer. Provided that a special allowance or higher duties allowance shall be included in "fortnightly salary" when overtime is worked on duties for which these allowances are specifically paid.
(j) "Commuted overtime" means an agreed allowance negotiated between the Association and the employer, paid in lieu of actual overtime worked for a group of officers occupying positions which require work to be performed consistently and regularly outside and in excess of the prescribed hours of duty.
(k) "Out of hours contact" shall include the following:
STANDBY - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer to remain at the officer's place of employment during any period outside the officer's normal hours of duty, and to perform certain designated tasks periodically or on an impromptu basis. Such officer shall be provided with appropriate facilities for sleeping if attendance is overnight, and other personal needs, where practicable.
Other than in extraordinary circumstances, officers shall not be required to perform more than two periods of standby in any rostered week.
This provision shall not replace normal overtime or shift work requirements.
ON CALL - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer rostered to remain at the officer's residence or to otherwise be immediately contactable by telephone or other means outside the officer's normal hours of duty in case of a call out requiring an immediate return to duty.
AVAILABILITY - shall mean a written instruction or other authorised direction by the employer or a duly authorised officer to an officer to remain contactable, but not necessarily immediately contactable by telephone or other means, outside the officer's normal hours of duty and be available and in a fit state at all such times for recall to duty.
"Availability" will not include situations in which officers carry telephones or other means or make their telephone numbers or other contact details available only in the event that they may be needed for casual contact or recall to work. Subject to subclause (4) of this Clause recall to work under such circumstances would constitute emergency duty in accordance with subclause (7) of this Clause.
(2) Reasonable Hours of Overtime
(a) An employer may require an officer to work reasonable overtime at overtime rates as specified in this clause.
(b) An officer may refuse to work overtime in circumstances where the working of such overtime would result in the officer working hours which are unreasonable having regard to:
(i) any risk to officer health and safety;
(ii) the officer's personal circumstances including any family responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime and by the officer of his or her intention to refuse it; and
(v) any other relevant matter.
(3) Overtime
(a) An officer who works overtime for a greater period than 30 minutes, shall be entitled to payment in accordance with paragraph (d) of this subclause, or time off in lieu of payment in accordance with paragraph (b) of this subclause, or any combination of payment or time off in lieu.
(b) Time off in lieu
(i) Where the officer or the employer or the duly authorised officer, so elects in writing prior to overtime being worked, time off in lieu of payment for overtime worked may be taken in accordance with the time ratios in paragraph (d) of this subclause.
(ii) The officer shall be required to clear accumulated time off in lieu within two months of the overtime being performed, provided that by written agreement between the officer and the employer, or duly authorised officer, time off in lieu of payment for overtime may be accumulated beyond two months from the time the overtime is performed so as to be taken in conjunction with periods of approved leave.
(iii) If the department is unable to release the officer to clear such leave within two months of the overtime being performed, and no further agreement prescribed in subparagraph (ii) of this paragraph is reached, then the officer shall be paid for the overtime worked.
(c) Commuted Allowance
Any commuted allowance and/or time off in lieu of overtime, other than that provided in paragraph (b) of this subclause, shall be negotiated between the Association and the employer.
(d) Payment for Overtime
(i) Weekdays
For the first three hours worked outside the prescribed hours of duty on any one weekday at the rate of time and one half:
i.e. |
Fortnightly Salary |
x |
3 |
75 |
2 |
After the first three hours on any one week day at the rate of double time:
i.e. |
Fortnightly Salary |
x |
2 |
75 |
1 |
(ii) Saturdays
For the first three hours on any Saturday, before 12.00 noon, at the rate of time and one half:
i.e. |
Fortnightly Salary |
x |
3 |
75 |
2 |
After the first three hours or after 12.00 noon, whichever is the earlier, on any Saturday at the rate of double time:
i.e. |
Fortnightly Salary |
x |
2 |
75 |
1 |
(iii) Sundays
For all hours on any Sunday, at the rate of double time:
i.e. |
Fortnightly Salary |
x |
2 |
75 |
1 |
(iv) Public Holidays
For hours worked during prescribed hours of duty on any Public Holiday at the rate of time and one half (in addition to the normal pay for that day):
i.e. |
Fortnightly Salary |
x |
3 |
75 |
2 |
For hours worked outside of the prescribed hours of duty on any Public Holiday at the rate of double time and a half:
i.e. |
Fortnightly Salary |
x |
5 |
75 |
2 |
(e) Annual Leave/Long Service Leave
An officer directed to return to duty during periods of annual or long service leave shall be deemed to be no longer on leave for the duration of that period of duty.
(i) If the officer is directed to return to duty during a period of leave during prescribed hours of duty, then that officer shall be recredited with that leave for the same number of hours of duty performed.
(ii) If the officer is directed to return to duty during a period of leave outside of prescribed hours of duty, then that officer shall be entitled to payment of overtime in accordance with subclause (3) of this clause.
(f) Time Worked Past Midnight
Where an officer is required to work a continuous period of overtime which extends past midnight into the succeeding day the time worked after midnight shall be included with that worked before midnight for the purpose of calculation of payment provided for in this subclause.
(g) Minimum Periods for Return to Duty
(i) An officer, having received prior notice, who is required to return to duty:
(aa) on a Saturday, Sunday or Public Holiday, otherwise than during prescribed hours of duty, shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for a minimum of three hours;
(bb) before or after the prescribed hours of duty on a weekday shall be entitled to payment at the rate in accordance with paragraph (d) of this subclause for a minimum period of one and one half hours;
(ii) For the purpose of this subclause, where an officer is required to return to duty more than once, each duty period shall stand alone in respect to the application of minimum period payment except where the second or subsequent return to duty is within any such minimum period.
(iii) The provisions of this subparagraph shall not apply in cases where it is customary for an officer to return to the place of employment to perform a specific job outside the prescribed hours of duty, or where the overtime is continuous (subject to a meal break) with the completion or commencement of prescribed hours of duty.
(h) Overtime at a Place Other than Usual Headquarters
(i) When an officer is directed to work overtime at a place other than usual headquarters, and provided that the place where the overtime is to be worked is situated in the area within a radius of fifty (50) kilometres from usual headquarters, and the time spent in travelling to and from that place is in excess of the time which an officer would ordinarily spend in travelling to and from usual headquarters, and provided such travel is undertaken on the same day as the overtime is worked, then such excess time shall be deemed to form part of the overtime worked.
(ii) Except as provided in paragraph (e) of subclause (6) and paragraph (b) of subclause (7) of this clause, when an officer is directed to work overtime at a place other than usual headquarters, and provided that the place where the overtime is to be worked is situated outside the area within a radius of fifty (50) kilometres from usual headquarters and the time spent in travelling to and from that place is in excess of the time which the officer would ordinarily spend in travelling to and from usual headquarters, then the officer shall be granted time off in lieu of such excess time spent in actual travel in accordance with subclause (8) Excess Travelling Time of this clause.
(i) Ten Hour Break
(i) When overtime is worked, a break of not less than ten (10) hours shall be taken between the completion of work on one day and the commencement of work on the next, without loss of salary for ordinary working time occurring during such absence.
(ii) Provided that where an officer is directed to return to or continue work without the break provided in subparagraph (i) of this paragraph then the officer shall be paid at double the ordinary rate until released from duty, or until the officer has had ten consecutive hours off duty without loss of salary for ordinary working time occurring during such absence.
(iii) The provisions of subparagraphs (i) and (ii) of this paragraph, shall not apply to officers included in subclause (6) of this clause.
(4) Cases where overtime provisions do not apply
(a) Except as provided in paragraph (b) of this subclause, payment for overtime, or the granting of time off in lieu of overtime, or travelling time, shall not be approved in the following cases:
(i) Officers whose maximum salary or maximum salary and allowance in the nature of salary exceeds that as determined for Level 5 as prescribed by Clauses 11. - Salaries and 12. - Salaries Specified Callings of this Award.
(ii) Officers whose work is not subject to close supervision.
(b) (i) Where it appears just and reasonable, the employer may approve the payment of overtime or grant time off in lieu to any officer referred to in paragraph (a) of this subclause.
(ii) When an officer who is not subject to close supervision is directed by the employer to carry out specific duties involving the working of overtime, and provided such overtime can be reasonably determined by the officer's supervisor, then such officer shall be entitled to payment or time off in lieu of overtime worked in accordance with paragraphs (3)(d) or (3)(b) of this clause.
(5) Meal Allowances
(a) A break of 30 minutes shall be made for meals between 5.30 am and 7.30 am, between 12.00 noon and 2.00pm, and between 4.30 pm and 6.30 pm when overtime duty is being performed.
(b) Except in the case of emergency, an officer shall not be compelled to work more than five hours overtime duty without a meal break. At the conclusion of a meal break, the calculation of the five-hour limit recommences.
(c) An officer required to work overtime of not less than two hours, and who actually purchases a meal shall be reimbursed in accordance with Part 2 of Schedule H. - Overtime Allowance of this Award, in addition to any payment for overtime to which that officer is entitled.
(d) An officer working a continuous period of overtime who has already purchased one meal during a meal break, shall not be entitled to reimbursement for the purchase of any subsequent meal in accordance with Part 2 of Schedule H. - Overtime Allowance of this Award until that officer has worked a further five hours overtime from the time of the last meal break.
(e) If an officer, having received prior notification of a requirement to work overtime, is no longer required to work overtime, then the officer shall be entitled, in addition to any other penalty, to reimbursement for a meal previously purchased.
(6) Out of Hours Contact
(a) Except as otherwise agreed between the employer and the Association, an officer who is required by the employer or a duly authorised officer to be on "out of hours contact" during periods off duty shall be paid an allowance in accordance with the following formulae for each hour or part thereof the officer is on "out of hours contact".
Standby |
Level 2 (minimum) weekly rate |
x |
1 |
x |
37.5 |
||
37.5 |
100 |
||||||
On Call |
Level 2 (minimum) weekly rate |
x |
1 |
x |
18.75 |
||
37.5 |
100 |
||||||
Availability |
Level 2 (minimum) weekly rate |
x |
1 |
x |
18.75 |
x |
50 |
37.5 |
100 |
100 |
Such allowances are contained in Part 1 of Schedule H. - Overtime Allowance of this Award.
Provided that payment in accordance with this paragraph shall not be made with respect to any period for which payment is made in accordance with the provisions of subclause (3) of this clause when the officer is recalled to work.
(b) When an officer is required to be "on call" or "availability" and the means of contact is to be by land line or satellite telephone fixed at the officers residence the employer shall:
(i) Where the telephone is not already installed, pay the cost of such installation.
(ii) Where an officer pays or contributes towards the payment of the rental of such telephone, pay the officer 1/52nd of the annual rental paid by the officer for each seven days or part thereof on which an officer is rostered to be "on call" or "availability".
(iii) Provided that where as a usual feature of the duties an officer is regularly rostered to be on "on call" or "availability", pay the full amount of the telephone rental.
When an officer is required to be "on call" or "available" and the means of contact is other than a landline/satellite telephone fixed at the officer's residence, the employer shall provide the officer with the means of contact free of charge for the purposes of work related activity.
(c) An officer shall be reimbursed the cost of all telephone calls made on behalf of the employer as a result of being on out of hours contact.
(d) Where an officer rostered for "on call" or "availability" is recalled to duty during the period for which the officer is on "out of hours contact" then the officer shall receive payment for hours worked in accordance with subclause (3) of this clause.
(e) Where an officer rostered for "on call" or "availability" is recalled to duty, the time spent travelling to and from the place at which duty is to be performed, shall be included with actual duty for the purposes of overtime payment.
(f) Minimum payment provisions do not apply to an officer rostered for "out of hours contact" duty.
(g) An officer in receipt of an "out of hours contact" allowance and who is recalled to duty shall not be regarded as having performed emergency duty in accordance with subclause (7) of this clause.
(h) Officers subject to this clause shall, where practicable, be periodically relieved from any requirement to hold himself or herself on "standby", "on call" or "availability".
(i) No officer shall be on out of hours contact after the last working day preceding a period of annual leave or long service leave.
(7) Emergency Duty
(a) Where an officer is required to return to duty to meet an emergency at a time when he or she would not ordinarily have been on duty, and no notice of such call was given prior to completion of usual duty on the last day of work prior to the day on which called on duty, then if called to duty:
(i) on a Saturday, Sunday or Public Holiday, otherwise than during prescribed hours of duty he/she shall be entitled to payment at the rate in accordance with subclause (3) of this clause for a minimum period of three hours;
(ii) before or after the prescribed hours of duty on a weekday he/she shall be entitled to payment at the rate in accordance with subclause (3) of this clause for a minimum period of two and a half hours.
(b) Time spent in travelling to and from the place of duty where the officer is actually recalled to perform emergency duty shall be included with actual duty performed for the purpose of overtime payment.
(c) An officer recalled for emergency duty shall not be obliged to work for the minimum period if the work is completed in less time, provided that an officer called out more than once within any such minimum period shall not be entitled to any further payment for the time worked within that minimum period.
(d) Where an officer is required to work beyond the minimum period on the first or subsequent recall for emergency duty, the additional time worked at the conclusion of that minimum period shall be paid in accordance with the appropriate rate in subclause (3) of this clause.
(e) Where an officer is recalled for a second or subsequent period of emergency duty outside of the initial minimum period, the officer shall be entitled to payment for a new minimum period, and the provisions of this subclause shall be re-applied.
(f) For the purpose of this subclause, no claim for payment shall be allowed in respect of any emergency duty, including travelling time, which amounts to less than 30 minutes.
(8) Excess Travelling Time
An officer eligible for payment of overtime, who is required to travel on official business outside normal working hours and away from usual headquarters shall be granted time off in lieu of such actual time spent in travelling at equivalent or ordinary rates on weekdays and at time and one half rates on Saturdays, Sundays and Public Holidays, otherwise than during prescribed hours of duty, provided that:
(a) such travel is undertaken at the direction of the employer;
(b) such travel shall not include:
(i) time spent in travelling by an officer on duty at a temporary headquarters to the officer's home for weekends for the officer's own convenience;
(ii) time spent in travelling by plane between the hours of 11.00 pm and 6.00 am;
(iii) time spent in travelling by train between the hours of 11.00 pm and 6.00 am;
(iv) time spent in travelling by ship when meals and accommodation are provided;
(v) time spent in travel resulting from the permanent transfer or promotion of an officer to a new location;
(vi) time of travelling in which an officer is required by the department to drive, outside ordinary hours of duty, a departmental vehicle or to drive the officer's own motor vehicle involving the payment of mileage allowance, but such time shall be deemed to be overtime and paid in accordance with subclause (3) of this clause. Passengers, however, are entitled to the provisions of this subclause (8) of this clause;
(vii) time spent in travelling to and from the place at which overtime or emergency duty is performed, when that travelling time is already included with actual duty time for the payment of overtime.
(c) Time off in lieu will not be granted for periods of less than 30 minutes.
(d) Where such travel is undertaken on a normal working day, time off in lieu is granted only for such time spent in travelling before and/or after the usual hours of duty, which is in excess of the officer's ordinary travelling time.
(e) Where the urgent need to travel compels an officer to travel during the officer's usual lunch interval such additional travelling time is not to be taken into account in computing the number of hours of travelling time due.
(f) In the case of an officer absent from usual headquarters, not involving an overnight stay, the time spent by the officer, outside the prescribed hours of duty, in waiting between the time of arrival at place of duty and the time of commencing duty, and between the time of ceasing duty and the time of departure by the first available transport shall be deemed to be excess travelling time.
(g) In the case of an officer absent from usual headquarters that does involve an overnight stay, the time spent by the officer, outside the prescribed hours of duty, in waiting between the time of ceasing duty on the last day and the time of departure by the first available transport shall be deemed to be excess travelling time.
(9) Special Conditions
Any group of officers whose duties necessarily entail special conditions of employment shall not be subject to the prescribed hours of duty as defined in Clause 20. - Hours of this Award if the employer so determines. Provided, however, that such a determination shall not abrogate the right of the Association to make a claim or claims on behalf of such a group.
