Australia Post General Conditions of Employment Award 1999
AP766597 - Australia Post General Conditions of Employment Award 1999
[22.1.1 substituted by PR922126 ppc 30Aug02]
22.1.1(a)(i) Subject to clause 22.1.1(b) an employer may require an employee to work reasonable overtime in accordance with the provision of this clause.
22.1.1(a)(ii) Provided that this subclause does apply to employees employed in accordance with the provision of clause 28.4.3 (Parental leave - part-time work).
22.1.1(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
22.1.1(b)(i) any risk to employee health and safety;
22.1.1(b)(ii) the employee’s personal circumstances including any family responsibilities;
22.1.1(b)(iii) the needs of the workplace or enterprise.
22.1.1(b)(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
22.1.1(b)(v) any other relevant matter.
22.1.2 Salary
An employee's salary for the purpose of computation of overtime includes higher duties allowance and any other allowance in the nature of salary.
22.1.3 Hourly Overtime Rate
22.1.3(a) The hourly rate for overtime payment is ascertained by the following formula:
(A ÷ 313 x 6 ÷ 36.75) x P
Where:
22.1.3(b) For the purpose of 22.1.3(a), the prescribed rates (P) for overtime duty are:
22.1.3(b)(i) Monday to Friday - 150% for first 3 hours and 200% thereafter
22.1.3(b)(ii) on public holidays - 250%;
22.1.3(b)(iii) on Sundays - 200%; and
22.1.3(b)(iv) on Saturdays -
22.1.3(c) For the purpose of this clause, a shiftworker means an employee who is rostered on:
22.1.3(c)(i) alternating or rotating shifts or a constant shift involving regular ordinary duty after 1.00 p.m. on Saturday; or
22.1.3(c)(ii) a shift which, but for it being worked continuously with the approval of Australia Post or to suit Australia Posts' convenience, would fall within 22.1.3(c)(i).
22.1.4 Part Time Employees
22.1.4(a) Part-time employees are eligible for overtime penalty rates applicable to full-time employees in the following circumstances:
22.1.4(a)(i) duty in excess of 7 hours 21 minutes on any one day;
22.1.4(a)(ii) where an employee is required to work on more than 5 days per week.
22.1.4(b) Duty in excess of normal requirements but which does not attract a penalty under 22.1.4(a) will be paid at the rate applicable to ordinary duty on that day.
22.1.5 Sunday Duty - Day Off In Lieu
Where an employee, who has been required to perform in addition to the prescribed hours of duty for the week, a full day's duty on Sunday, wherever practicable, is to be granted a day off during the 6 days succeeding that Sunday and, in such cases, the payment for Sunday attendance is one day's pay instead of the Sunday overtime rate.
22.1.6 Employees Ineligible for Overtime
Employees being paid at the level of Administrative Officer 6 or Postal Manager Grade 3 are not eligible to receive overtime payments or time off in lieu.
22.2 Overtime - Time Off Instead of Payment
22.2.1 Time Off Instead of Overtime Payment
By mutual agreement between Australia Post and an individual employee, time off during ordinary working hours is allowed instead of payment for overtime under this award. Such agreement is to be made in writing.
22.2.2 Amount of Time Off
22.2.2(a) Time off instead of payment for overtime is based on the number of ordinary hours equivalent to the appropriate overtime rates for the hours worked.
22.2.2(b) By mutual agreement between Australia Post and the individual employee, the employee may be paid at ordinary rates for the time worked and take time off equivalent to the rate of the residual penalty payment.
22.2.3 Timing of Time Off
22.2.3(a) Time off instead of payment for overtime is to be granted and taken as agreed between Australia Post and the employee and within agreed time frames.
22.2.3(b) Where it is not practicable for time off to be granted or taken within the agreed time frame, the employee is to be paid for the overtime worked at the prescribed rate of payment.
22.2.4 Eligibility
Time off instead of payment for overtime only applies to employees who are eligible to receive overtime payments in accordance with 22.1.
22.3.1 Four Hour Minimum
Subject to this clause, where an employee is required to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment payable for each separate overtime attendance is for four hours at the prescribed overtime rate. An exception to the minimum overtime payment payable applies to a part-time employee whose ordinary hours of duty for that day are less than four hours, in which case the minimum extra payment is the prescribed ordinary hours of duty for that day.
22.3.2 Meal Breaks Disregarded
For the purpose of this clause, meal breaks are disregarded.
22.3.3 Duty after Midnight
Where an overtime attendance not continuous with ordinary duty, involves duty both before and after midnight, it is regarded as one attendance for minimum payment purposes. Where a higher overtime rate applies on one of the days, the minimum payment is calculated at the higher rate.
22.3.4 Restriction
An employee, who is required to remain contactable and available to perform duty outside ordinary hours of duty and is required to actually perform such duty, is paid overtime in accordance with this clause subject to the following minimum payments:
22.3.4(a) where not recalled to the work place, a minimum payment of one hour applies; and
22.3.4(b) where recalled to the workplace, a minimum payment of three hours applies.
22.3.4(c) Provided that where duty is performed more than once, the minimum overtime payment provisions of 22.3.4(a) and 22.3.4(b) do not operate to increase an employee's overtime remuneration beyond that which would have been received had the employee remained on duty from the commencing time of duty on one attendance to the ceasing time of duty on a subsequent attendance.
22.3.5 Overtime to Restore Essential Services
22.3.5(a) An employee may be required to perform duty away from the normal work place outside ordinary hours of duty in order to restore essential services in emergency circumstances either by using a remote computer terminal or by providing technical advice over the telephone.
22.3.5(b) Where an employee performs duty in accordance with 22.3.5(a), the provisions in 22.3.4 apply.
22.4 Rest Relief after Overtime
22.4.1 10 Hour Break
22.4.1(a) An employee, after the completion of overtime and ordinary duty on one day/shift, must be given at least 10 consecutive hours off duty, including travelling time, before resuming any duty on the next day/shift. Any absence during ordinary working time which occurs within the 10 hours will be without loss of salary.
22.4.1(b) Provided that if such an employee is required by Australia Post to resume or continue work without having had 10 consecutive hours off duty the employee is to be paid at double rates until released from duty for that period, and will then be entitled to be absent for 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during that absence.
22.4.2 Eligibility
The rest relief after overtime provisions 22.4 apply only to employees who are eligible for overtime payment.
22.5.1 Eligibility
Where an employee is called on duty to meet an emergency at a time when the employee would not ordinarily have been on duty, and no notice of such call was given prior to ceasing duty, the employee shall be paid for such emergency duty at the rate of 200%.
22.5.2 Travel Time Included
The time for which payment shall be made shall include time necessarily spent in travelling to and from duty.
22.5.3 Minimum Payment
The minimum overtime payment provisions in 22.3 do not apply to emergency duty. The minimum payment for emergency duty shall be for 2 hours at 200%.
22.5.4 Rest Relief
The rest relief after overtime provisions 22.4.1 apply to overtime worked in the circumstances covered by emergency duty 22.5 only where the actual time worked (excluding travelling time) is at least two hours on each call.
22.6.1 Restriction Direction
Australia Post may direct an employee to be contactable and available to perform extra duty outside the employee’s ordinary hours of duty, subject to payment under this sub-clause.
22.6.2 Eligibility for Payment
Payment will be subject to the following conditions:
22.6.2(a) except with the approval of Australia Post, employees employed in classifications of Administrative Officer Level 6 or Postal Manager Grade 3 are not eligible to receive payment;
22.6.2(b) the provisions of 22.5 will not apply where an employee is recalled to duty while restricted.
22.6.3 Rate of Payment
An employee who is required to remain contactable and available to perform extra duty outside the employee’s ordinary hours of duty will, subject to 22.6.2, be paid an allowance:
22.6.3(a) at a rate of 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
22.6.3(b) at a rate of 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday;
22.6.3(c) at a rate of 15% of the employee’s hourly rate of salary for each hour restricted on public holidays and rostered days off;
22.6.3(d) a rostered day off in this clause is a day which has been accrued by an employee on a Reduced Attendance Roster and is not a day off that is rostered for a shift worker as part of the pattern of work.
22.6.4 Salary
An employee’s salary for the purpose of calculation of the allowance under 22.6.3 includes:
22.6.4(a) higher duties allowance; or
22.6.4(b) the normal salary applicable to the position, the occupant of which is required to be restricted, whichever is the higher; and
22.6.4(c) any other allowances in the nature of salary.
22.6.5 Calculation
The hourly rate of payment will be calculated as follows:
annual salary |
x |
6 |
x |
% of salary prescribed in 21.6.3 |
313 |
36.75 |
22.6.6 Part Hour
The allowance payable under this sub-clause is payable for each hour or part hour during which the employee is restricted outside the employee’s ordinary hours of duty.
22.6.7 No Concurrent Payment
Any part of a period of restriction for which the employee receives another payment, for example a period when overtime or excess travelling time payments are made, will not be included in the period of restriction for calculating payments under 22.6.3.
22.6.8 Excess Travelling Time
The provisions of clause 23 - Excess Travelling Time apply to an employee who is in a restriction situation for travelling time involved in a recall to duty. Where an employee in a restriction situation is not eligible for Excess Travelling Time for the time spent in travelling for a recall to duty, the relevant restriction allowance payable under 22.6.3 will be paid for the time spent in travelling.
