AP836954 - Medibank Private Limited Award 2004
23.1 The MPL may direct an employee to be contactable and to be available to perform extra duty outside of the employee’s ordinary hours of duty, subject to payment under this clause.
23.2 Payment will be subject to the following conditions:
23.2.1 except with the approval of MPL, employees above Executive Officer Class 2 will not be eligible to receive payment;
23.2.2 the restriction situation is imposed by the prior written direction of MPL, or is subsequently approved in writing by MPL; and
23.2.3 the provisions of clause 24 - Emergency duty, will not apply where an employee is recalled to duty while restricted.
23.3 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 23.2 be paid an allowance:
23.3.1 at a rate of 7.5% of the employee’s hourly rate of salary for each hour restricted, Monday to Friday;
23.3.2 at a rate of 10% of the employee’s hourly rate of salary for each hour restricted, Saturday and Sunday; and
23.3.3 at a rate of 15% of the employee’s hourly rate of salary for each hour restricted on public holidays.
23.4 An employee’s salary for the purpose of the calculation of the allowance under 23.3 will include higher duties allowance and any other allowances in the nature of salary.
23.4.1 Where approval has been made for payment under this clause to an employee above the salary barrier, the annual salary component of the formula at 23.5 will be the maximum annual salary payable to an Executive Officer Class 2.
23.5 The hourly rate of payment will be calculated as follows:
annual salary |
x |
6 |
x |
% of salary prescribed in 23.3 |
313 |
38 |
23.6 The allowance under this clause will be payable for each hour or part hour the employee is restricted outside the employee’s ordinary hours of duty.
23.7 Any part of a period of restriction in respect of which the employee receives another payment will not be included for calculating payments under 23.3.
23.8 An employee will not receive payment for any period in which the employee does not remain contactable or hold themselves in readiness to perform extra duty.
23.9 Where an employee who has been restricted under this clause is required to perform duty, but is not required to be recalled to work, overtime payment will be made, subject to a one hour minimum payment.
23.10 Where an employee who has been restricted outside the employee’s normal hours is recalled to duty at a place of work, payment in accordance with the relevant overtime provisions will be made subject to a three hour minimum payment.
23.11 Special or unique situations - alternative rate: Notwithstanding the provisions of this clause, where an employee is placed in a restriction situation outside of the employee’s ordinary hours of duty, the employee may be paid an alternative rate having regard to the circumstances of the restriction situation and in accordance with MPL policy.
