AP836954 - Medibank Private Limited Award 2004
20.1.1 An employee, classified up to the level of Executive Officer Class 2, may be required to work reasonable periods of overtime outside their normal span of hours.
20.1.1(a) An employee will be paid for such overtime in accordance with overtime rates and minimum number of hours for duty in excess of, or outside, the employee’s normal hours of work.
20.1.1(b) For overtime not continuous with ordinary duty, the payment will be the minimum overtime payment contained in clause 21 - Overtime - minimum payment.
20.1.2 The payment of overtime will be calculated in accordance with the following provisions:
20.1.2(a) overtime worked Monday to Saturday in accordance with this clause will be paid for at the rate of time and a half for the first three hours and double time thereafter;
20.1.2(b) Where an employee is required to perform overtime on a Saturday, of which prior notice was given, the minimum payment for such attendance will be four hours at the prescribed overtime rates.
20.1.2(c) the hourly rate of overtime will be calculated in accordance with the following formula:
(Time and a half) |
(Double time) | |||||
Annual salary |
x |
6 |
x |
3 |
or |
2 |
313 |
36-3/4 |
2 |
1 |
Provided that:
20.1.2(d) annual salary for the purposes of computation of overtime will include higher duties allowance and or any allowance in the nature of salary;
20.1.2(e) overtime will be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly period.
20.1.3 Generally, only employees paid up to the maximum rate of an Executive Officer Class 2, will be eligible to receive overtime payment.
20.1.5 For all rostered time for ordinary duty performed on a Saturday, payment will be made at the rate of 140% of the ordinary rate of pay.
20.1.6 The additional payment will be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.
20.2.1 Overtime worked on a Sunday will be paid at the rate of double time, subject to the minimum overtime payment provision contained in 21.1.
20.2.2 Sunday overtime is calculated on a 36-3/4 hour week basis.
20.2.3 For rostered Sunday duty not in excess of the prescribed weekly hours payment will be made at the rate of single time additional to the ordinary rate of pay.
20.2.4 Sunday pay will be granted for any scheduled duty performed between midnight Saturday and midnight Sunday.
20.3.1 Employees required to work overtime on a public holiday will be paid at the rate of two and a half times the employee’s salary rate. Provided that the occupants of positions the minimum salary of which exceeds the maximum rate applicable to Executive Officer Class 2 will not, except with the approval of the Company be entitled to receive payment for a period of duty in respect of overtime duty performed on public holidays.
20.3.1(a) When a holiday overtime attendance is not continuous with ordinary duty, the payment will be subject to the minimum overtime payment provisions contained in clause 21 - Overtime - minimum payment.
20.3.2 Holiday overtime is calculated on a 38 hour week basis.
20.3.3 In all computations of overtime under this clause, the employee’s salary for the purpose of overtime computation will include any allowance in the nature of salary.
20.3.4 The additional payment will be calculated to the nearest quarter of an hour of the total amount of overtime to be claimed in each fortnightly period.
20.3.5 For scheduled holiday duty which is not in excess of the prescribed weekly hours extra payment will be made for overtime at the rate of time and a half for the actual time worked on the holiday.
20.3.6 The minimum extra payment payable under 20.3.5 for each separate attendance will be for four hours in cases not subject to any restriction situation specified in clause 24 - Emergency duty.
20.3.6(a) If a part-time employee’s prescribed hours of duty for that day, but for it being a public holiday, would be less than four hours, then the minimum extra payment will be for the prescribed hours of duty for that day.
20.3.7 For the purposes of 20.3.5 and 20.3.6:
20.3.7(a) duty broken by a meal period will not constitute more than one attendance; and
20.3.7(b) the minimum extra payment will not be applicable to holiday ordinary duty which, disregarding meal periods, is continuous with ordinary duty occurring on the day preceding or on the day succeeding the holiday.
20.3.8 For holiday duty (other than scheduled duty) which is not in excess of the prescribed weekly hours, there is an entitlement to extra payment as prescribed in 20.3.6 and 20.3.7.
A part-time employee may be required to perform duty in excess of their prescribed hours of duty for the day or to perform duty on an additional day in the week. Payment for such extra duty will be as follows:
20.4.1 an additional amount of 15% for extra duty up to an average day’s duty for a full-time employee, but which does not exceed the weekly hours of duty for a full-time employee or is outside the normal span of hours; and
20.4.2 normal overtime rate for hours in excess of the normal span of hours or in excess of the prescribed weekly hours for a full-time employee;
20.5.1 Where the ordinary hours of duty determined for shift workers is 38 hours per week or an average of 38 per week over a cycle of shifts, overtime will be payable for all duty performed in excess of the ordinary hours of duty under the conditions of overtime as contained in 20.1.2.
20.5.2 Where the ordinary hours of duty determined for shift workers is 36-3/4 per week or an average of 36-3/4 per week over a cycle of shifts, overtime will be payable under the general conditions of 20.1.2 with the exception of overtime duty performed on Saturday where payment will be made in accordance with 20.5.3. Overtime will be payable:
20.5.2(a) for duty performed on any day which is beyond the normal rostered hours of duty for that day;
20.5.2(b) for duty, other than duty specified in 20.5.2(a), performed in excess of 36-3/4 hours per week or an average of 36-3/4 hours per week over a cycle of shifts as the case may be.
20.5.3 Saturday duty
20.5.3(a) Overtime worked on Saturdays will be paid at the rate of time and one half for the first three hours and double time thereafter.
20.5.3(b) Where there is a requirement to perform overtime on Saturday, of which prior notice was given, the minimum payment for such attendance will be four hours.
20.5.3(c) The additional payment will be calculated to the nearest quarter of an hour of the total amount to be claimed in each fortnightly period.
20.5.3(d) The rate of payment for overtime worked on Saturday will be calculated as prescribed in 20.1.2(b).
20.6 Time off in lieu of payment
Where MPL and an employee agree, the employee may elect to take time off in lieu of payment for overtime in accordance with MPL policy at a time or times agreed with MPL.
20.6.1 Time off in lieu may be granted on an hour for hour basis with an entitlement for a residual payment. For example, three hours time off plus three hours at half time, in lieu of three hours overtime at time and a half, or alternatively, 4-1/2 hours time off in lieu of pay.
20.6.2 Where time off in lieu of a payment has been agreed, and the employee has not been granted that time off within four weeks or another agreed period, due to operational requirements, payment of the original entitlement will be made.
20.7.1 Subject to 20.7.2 an employer may require an employee to work reasonable overtime at overtime rates
20.7.2 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:
20.7.2(a) any risk to employee health and safety;
20.7.2(b) the employee’s personal circumstances including any family responsibilities;
20.7.2(c) the needs of the workplace or enterprise;
20.7.2(d) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
20.7.2(e) any other relevant matter.
