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Enterprise Agreement 2011-14 - Department of Climate Change

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<strong>Department</strong> <strong>of</strong> <strong>Climate</strong> <strong>Change</strong> and Energy Efficiency – <strong>Enterprise</strong> <strong>Agreement</strong> <strong>2011</strong>-<strong>14</strong><br />

significant periods. Where situations in relation to excessive hours do arise, the manager in<br />

consultation with the business unit’s Executive is required, with the employee, to address<br />

the circumstances leading to excessive working hours.<br />

24.3. Executive Level employees and their manager are required to work together to manage<br />

workloads and working hours. Where an Executive Level employee works in excess <strong>of</strong><br />

ordinary hours for sustained periods the manager and employee will agree to arrangements<br />

for reasonable time <strong>of</strong>f to recognise the additional effort.<br />

24.4. Executive Level employees should be provided with fair and reasonable access to time <strong>of</strong>f , it<br />

is considered good practice for this to occur as soon as practicable after the additional hours<br />

has been worked.<br />

24.5. Consistent with clause 17.7 an individual may refer a matter relating to access to TOIL to the<br />

Assistant Secretary Human Resources in the event that the provision <strong>of</strong> TOIL cannot be<br />

addressed in good faith by all parties.<br />

24.6. Executive Level employees should not commence work on any day without having at least<br />

minimum break <strong>of</strong> eight hours plus reasonable travelling time from the previous day’s duty,<br />

without specific approval from the Secretary.<br />

24.7. Regardless <strong>of</strong> the bandwidth, Executive Level employees are required to break for at least 30<br />

minutes after five (5) hours <strong>of</strong> continuous work.<br />

25. Overtime<br />

25.1. APS 1-6 level employees (and their equivalents) will be provided with TOIL or payment <strong>of</strong><br />

overtime where they are required by their manager to perform work:<br />

o outside the bandwidth;<br />

o on a public holiday;<br />

o in excess <strong>of</strong> a standard day within the bandwidth (7 hours 30 minutes on any one<br />

day); or<br />

o outside the hours <strong>of</strong> a part- time employee’s agreement.<br />

25.2. TOIL is the standard form <strong>of</strong> recompense for all overtime, subject to the provisions <strong>of</strong> this<br />

section.<br />

25.3. Managers will authorise the payment <strong>of</strong> overtime in circumstances where, due to the nature<br />

<strong>of</strong> work and/or the significant overtime performed, it is unlikely that an employee will be<br />

able to take TOIL within three months <strong>of</strong> the overtime having been performed, or where the<br />

employee requests payment to meet costs incurred as a result <strong>of</strong> having performed the<br />

overtime. Where payment <strong>of</strong> overtime is authorised, the payment will be calculated using<br />

the rates set out in clauses 25.8.<br />

16

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