AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
17. OVERTIME AND NON STANDARD DUTY
17.1 Overtime - General Requirements:
17.1.1 An employee may, wherever it is necessary to bring up arrears of work or to meet pressure of business, be required to perform duty outside the usual hours. Every employee shall, where such requirement is reasonable, remain after the usual hours of duty to complete work considered necessary to be done on the same day.
17.1.2 Payment of claims for overtime shall be made only if the overtime in question was authorised by CSIRO.
17.2 Employees not entitled to overtime: The following employees shall not be entitled to payment for overtime:
17.2.1 Employees whose salary (including any allowance in the nature of salary) is equal to or greater than the minimum for classification level 5 (as specified in clause 12);
17.2.2 Employees not working under close supervision;
17.2.3 Employees whose hours of attendance cannot be definitely determined such as employees whose duties comprise caretaking work; and
17.2.4 Employees who do not record their attendance;
Provided that CSIRO may, in special circumstances, exempt an employee in 17.2.1 from this provision.
17.3 Weekly hours of duty and overtime calculation: The weekly hours of duty for overtime calculation shall be 38 hours. Overtime shall be calculated to the nearest quarter of an hour of the total amount of overtime in each fortnightly period.
The hourly rate for overtime and non-standard duty payment shall be calculated to four decimal points of a dollar in accordance with the following formulae:
17.3.1 Single time rate:
Annual Salary |
X |
6 |
313 |
38 |
17.3.2 Time and a half rate:
Annual Salary |
X |
6 |
X |
3 |
313 |
38 |
2 |
17.3.3 Double time rate:
Annual Salary |
X |
6 |
X |
2 |
313 |
38 |
17.3.4 Double time and a half rate:
Annual Salary |
X |
6 |
X |
5 |
313 |
38 |
2 |
17.4 ERA included as salary: An allowance paid to an employee in accordance with 14.1, and allowances granted in such other cases as CSIRO determines, shall be regarded as salary for the purpose of calculating overtime payment.
17.5 Recall to duty: Where an employee has ceased working for the day and is recalled for duty, such duty shall be recorded as overtime and, except where a restriction situation applies as specified in clause 20, shall include the time necessarily spent in travelling to the place of duty and returning to the employee’s usual place of residence.
17.6 Time off in lieu of overtime: Where an employee who, by reason of having performed overtime duty, agrees to be released from ordinary duty for a period not exceeding the period for which the employee performed the overtime duty, the amount payable for the overtime duty shall be reduced by the amount payable in respect of the period for which the employee has been released from ordinary duty:
Provided that this sub-clause shall not apply to an employee released from ordinary duty in pursuance of 17.8.
17.7 Adjustment of hours - holidays & leave: Where overtime is calculated on a weekly basis and an employee is absent on 1 or more days or half days during the week on authorised leave or on account of public holidays or half holidays, the number of hours to be worked before overtime can be claimed shall be reduced by the time which the employee would ordinarily have worked on those days or half days.
17.8 Minimum break between periods of work: Where an employee entitled to payment for overtime performs overtime duty for a period which results in the employee not having a break of at least 8 continuous hours between the time the employee ceases ordinary duty on one day and before the time at which the employee’s hours of duty are to commence on the next succeeding day, the employee is entitled, unless specifically required to resume or continue duty by CSIRO, to be absent from duty, without loss of salary, until the employee has been off duty for a continuous period of 8 hours from the time when the employee ceased to perform overtime duty:
17.8.1 Provided that where the employee is required by CSIRO to resume or continue duty without having had 8 consecutive hours off duty the employee shall be paid at the double time rate from the commencement of the employee’s ordinary hours of duty until the employee is released from duty at which time the employee will be entitled to be absent for a continuous period of not less than 8 hours without loss of pay.
17.8.2 For the purposes of this sub-clause, an employee will be deemed to be on duty:
17.8.2(a) whilst travelling from the employee’s place of residence to the employee’s place of employment for the purpose of performing overtime duty; and
17.8.2(b) whilst returning to the employee’s place of residence after ceasing to perform overtime duty.
17.9 Overtime not continuous with ordinary duty: 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 shall be for 4 hours at the prescribed overtime rate, except where the employee is in a restriction situation, as specified in clause 20.
17.10 Meal periods: For the purposes of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal periods shall be disregarded.
17.11 Overtime spanning mid-night: Where an overtime attendance not continuous with ordinary duty involves duty both before and after midnight, the minimum payment provisions of this clause shall be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day:
Provided that where a higher overtime rate applies on one of the days, the minimum payment shall be calculated at the higher rate.
17.12 Restriction situations: Where an employee performs overtime duty whilst in any restriction situation specified in clause 20, the minimum payment payable under this clause for each separate overtime attendance shall be for 3 hours:
Provided that where more than one attendance is involved this minimum payment provision shall, subject to a minimum payment of 3 hours, not operate to increase an employee’s additional payment beyond that to which the employee would have been entitled 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.
17.13 Weekend duty – other than shift duty
17.13.1 Saturday duty: Payment for Saturday duty which forms part of the ordinary hours of attendance for the week of an employee shall be made at the rate of an additional 40% of the employee’s ordinary rate of pay for the period of that duty.
17.13.2 Sunday duty: Payment for Sunday duty which forms part of the ordinary hours of attendance for the week of an employee shall be made at the rate of an additional 100% of the employee’s ordinary rate of pay for the period of that duty.
17.14 Duty on both Christmas Day and substituted holiday: Where an employee works on both Christmas Day and a substitute holiday, one day will attract payment at the public holiday rate and the other day will be paid at the non-holiday Saturday or Sunday rate as prescribed in 17.15.2, as appropriate.
17.15 Overtime duty and rates of pay
17.15.1 Overtime duty:
Overtime shall constitute:
17.15.1(a) duty performed on any day Monday to Friday inclusive before the start and/or after the end of the attendance bandwidth;
17.15.1(b) duty performed between the start of the attendance bandwidth and the normal time of commencing duty on any day Monday to Friday inclusive, provided that the employee performs duty prior to the start of the attendance bandwidth on that day and also completes a normal day’s duty on that day;
17.15.1(c) duty performed during the attendance bandwidth after the completion of a normal day’s duty on any day Monday to Friday inclusive, provided that the employee performs duty after the end of the attendance bandwidth on that day;
17.15.1(d) duty (other than duty specified in 17.15.1(b) and 17.15.1(c)) performed within the attendance bandwidth after the completion of 38 hours’ duty in a week;
17.15.1(e) duty on Saturday, other than rostered duty on Saturday morning for which equivalent time off is subsequently granted as specified in this award;
17.15.1(f) duty on Saturday or Sunday which does not form part of the ordinary hours of attendance for the week; and
17.15.1(g) duty on a public holiday, as defined in clause 22.
17.15.2 Overtime rates: The hourly rate of payment shall be:
17.15.2(a) time and a half for overtime worked Monday to Friday;
17.15.2(b) time and a half for the first 3 hours and double time thereafter for overtime worked on Saturday;
17.15.2(c) double time for overtime worked on Sunday;
17.15.2(d) time and a half in addition to the ordinary rate of pay for ordinary hours worked on a public holiday; and double time and half for other hours worked on a public holiday, provided that the minimum extra payment shall not be applicable to holiday ordinary duty which, disregarding meal periods, is continuous with ordinary duty occurring on the day preceding or the day succeeding the holiday.
17.15.3 Meaning of certain words: In this sub-clause, commencement and completion of a normal day’s duty refers to commencing and finishing times as defined in 16.3 in relation to an employee.
17.16 Overtime meal allowance
17.16.1 Definition:
17.16.1(a) ‘Meal period’ means the following periods:
17.16.2 Meal Allowance: A meal allowance of $16.20 is payable where an employee works overtime as defined in 17.15.1 and duty commences:
17.16.2(a) immediately after a period of ordinary duty to the completion of or beyond a meal period, without a break for a meal; or
17.16.2(b) after completion of ordinary hours of duty and after a break for a meal following completion of ordinary duty, and the employee is not entitled to payment for that meal break; or
17.16.2(c) before the commencement of ordinary hours of duty, and the employee breaks for a meal and is not entitled to payment for that meal break; or
17.16.2(d) on a day on which the employee would not normally perform duty, and extends beyond a meal break, and the employee is not entitled to payment for that meal break.
17.16.3 Alternative meal period arrangements: CSIRO and an individual or group of employees may agree to change the meal periods defined in 17.16.1, provided that such an arrangement includes not less than 4 meal periods in the 24 hour cycle.
17.17 Casual Employees
17.17.1 Saturday, Sunday and Holiday duty: A casual employee shall be paid for ordinary duty (other than duty Monday to Friday between the hours of 6.00 a.m. and 6.00 p.m. or on a public holiday) at the rate determined in accordance with 10.5 plus:
17.17.1(a) where any part of that duty falls between the hours of 6.00 p.m. and 6.00 a.m. - 15 percent;
17.17.1(b) where that duty is on a Saturday - 50 percent; and
17.17.1(c) where that duty is on a Sunday - 100 percent;
calculated using the hourly rate determined in accordance with 10.5.1 without the 20 percent loading.
17.17.2 Casuals liable to be called for duty at any time: A casual employee shall be liable to be called for duty at any time and, subject to 17.7.4, shall be entitled to payment for overtime, calculated as prescribed in 17.17.3, for duty performed:
17.17.2(a) in excess of 38 hours per week; and
17.17.2(b) in excess of 7 hours 36 minutes on one day.
17.17.3 Overtime: A casual employee shall be paid overtime at the rate of:
17.17.3(a) time and a half for overtime worked Monday to Friday;
17.17.3(b) time and a half for the first 3 hours and double time thereafter for overtime worked on Saturday; and
17.17.3(c) double time for overtime worked on a Sunday or public holiday.
calculated using the hourly rate determined in accordance with 10.5.1 without the 20 percent loading.
17.17.4 Casuals not entitled to overtime: A casual employee is not entitled to claim overtime if:
17.17.4(a) the employee does not record his or her attendance; or
17.17.4(b) the employee is classified above classification level 4.
