AP772288 - CSIRO (Salaries and Conditions of Service) Award 1999
20.1 Restriction
20.1.1 Restriction direction: CSIRO may direct an employee to be contactable and remain available to perform extra duty outside that employee’s normal hours of duty. Restriction situations must be approved by CSIRO in writing. Where circumstances do not permit prior written approval, such approval may be granted retrospectively.
20.1.2 Categories of restriction:
20.1.2(a) Close Call: The employee is, or may be, required to attend for extra duty of an emergent character some time before the employee’s next normal time of commencing duty and the employee is to remain contactable and available for immediate recall to duty and:
20.1.2(a)(i) commence the return journey within 5 minutes of the recall; and,
20.1.2(a)(ii) at all times be able to report for duty at the workplace within 35 minutes of the recall.
In special circumstances, owing to staffing or operational reasons, an employee who cannot meet the foregoing requirements may be deemed to be in close call category if able to return to the worksite within 45 minutes from the time of recall.
20.1.2(b) On Call: The employee is, or may be, required to undertake extra duty some time before the employee’s next normal time of commencing duty and the employee is to remain contactable and available to return to duty within a reasonable time of being recalled having regard to the consequences of any undue delay.
20.2 Payment eligibility: Employees whose salary, including allowances specified in 20.4, is equal to or greater than the minimum salary of classification level 5 (as specified in clause 12) will not be eligible to receive payment unless CSIRO specifically approves this payment. If payment is approved, payment for restriction duty will be calculated by substituting $42 752 for the employee’s salary in calculating the hourly rate.
20.3 Payment rate
20.3.1 Close Call: An employee who is subject to close call restriction will be paid an allowance at the rate of:
20.3.1(a) 7.5% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
20.3.1(b) 10% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and
20.3.1(c) 15% of the employee’s hourly rate of salary for each hour restricted on public holidays.
20.3.2 On Call: An employee who is subject to on call restriction will be paid an allowance at the rate of:
20.3.2(a) 3.75% of the employee’s hourly rate of salary for each hour restricted Monday to Friday;
20.3.2(b) 5% of the employee’s hourly rate of salary for each hour restricted Saturday and Sunday; and
20.3.2(c) 7.5% of the employee’s hourly rate of salary for each hour restricted on public holidays.
20.3.3 The allowances under this sub-clause will be payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of duty.
20.4 Allowances included in salary rate: An employee’s salary for the purpose of calculation of the allowance under 20.3 will include allowances specified in 14.1 and 14.3.2.
20.5 No concurrent payment: Any part of a period of restriction in respect of which the employee receives payment other than in accordance with 20.3 will not be included in the period of restriction for calculating payments.
20.6 Availability: 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.
Rosters for regular restriction should be developed in consultation with the employees involved, having regard to issues such as family responsibilities and individual circumstances.
20.7 Minimum overtime payment
20.7.1 duty not at work: Where an employee who has been restricted is required to perform duty, but is not required to be recalled to work, payment will be made in accordance with clause 17, subject to a one hour minimum payment.
20.7.2 duty at work: Where an employee who has been restricted is recalled to duty at a place of work, payment will be made in accordance with clause 17, subject to a 3 hour minimum payment.
20.7.3 duty on more than one occasion: Where an employee is required to perform duty on more than one occasion, the minimum payment provisions of 20.7.1 and 20.7.2 will not operate to increase the overtime payment beyond that which would apply had the employee remained on duty from the commencing time of the first duty to the completion of the subsequent duty.
