Enterprise Agreement 2011-14 - Department of Climate Change

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Department of Climate Change and Energy Efficiency – Enterprise Agreement 2011-14 significant periods. Where situations in relation to excessive hours do arise, the manager in consultation with the business unit’s Executive is required, with the employee, to address the circumstances leading to excessive working hours. 24.3. Executive Level employees and their manager are required to work together to manage workloads and working hours. Where an Executive Level employee works in excess of ordinary hours for sustained periods the manager and employee will agree to arrangements for reasonable time off to recognise the additional effort. 24.4. Executive Level employees should be provided with fair and reasonable access to time off , it is considered good practice for this to occur as soon as practicable after the additional hours has been worked. 24.5. Consistent with clause 17.7 an individual may refer a matter relating to access to TOIL to the Assistant Secretary Human Resources in the event that the provision of TOIL cannot be addressed in good faith by all parties. 24.6. Executive Level employees should not commence work on any day without having at least minimum break of eight hours plus reasonable travelling time from the previous day’s duty, without specific approval from the Secretary. 24.7. Regardless of the bandwidth, Executive Level employees are required to break for at least 30 minutes after five (5) hours of continuous work. 25. Overtime 25.1. APS 1-6 level employees (and their equivalents) will be provided with TOIL or payment of overtime where they are required by their manager to perform work: o outside the bandwidth; o on a public holiday; o in excess of a standard day within the bandwidth (7 hours 30 minutes on any one day); or o outside the hours of a part- time employee’s agreement. 25.2. TOIL is the standard form of recompense for all overtime, subject to the provisions of this section. 25.3. Managers will authorise the payment of overtime in circumstances where, due to the nature of work and/or the significant overtime performed, it is unlikely that an employee will be able to take TOIL within three months of the overtime having been performed, or where the employee requests payment to meet costs incurred as a result of having performed the overtime. Where payment of overtime is authorised, the payment will be calculated using the rates set out in clauses 25.8. 16
Department of Climate Change and Energy Efficiency – Enterprise Agreement 2011-14 25.4. Executive Level employees (and their equivalents) are not generally entitled to overtime. However, in exceptional circumstances, the Secretary may approve overtime payments for excess hours worked where considered appropriate. 25.5. A part time employee who has not elected to receive flextime for work performed in excess of the agreed hours of duty over the settlement period will be eligible for overtime. 25.6. Where an employee is directed to perform overtime and is approved in advance by the Manager, overtime will be paid. 25.7. Time spent travelling to or from work will not count as part of an overtime attendance. 25.8. Where overtime is worked, TOIL is calculated at the following rates: Monday to Friday Saturday Period Rate Sunday Double time. Public Holidays, from 8:30 am to 5:00 pm Time and one half for the first three hours and double time thereafter. Time and one half for the first three hours and double time thereafter. Time and one half (in addition to normal salary). Public Holidays, for any other hours Double time and one half. 25.9. In calculating the overtime entitlement, a divisor of 37.5 hours is to be used. 25.10. Where overtime is worked on a public holiday which falls on a weekday, the overtime payment or TOIL is calculated at double time and a half for duty outside the standard day for full time employees (i.e. a standard day is from 8:30am to 5:00pm or the agreed pattern of hours for part-time employees). For overtime within the standard day for full time employees or agreed pattern of hours for part-time employees, overtime payment or TOIL will be calculated at single time and a half as employees are already being paid single time for this period for the public holiday. 25.11. Where a period of overtime is not continuous with ordinary duty, the minimum overtime payment is four hours at the relevant rate. Where the period of overtime is greater than four hours, payment will be made for the actual period worked at the relevant rate. 25.12. Overtime is considered to be continuous with ordinary duty when an employee does not have a break, other than a meal break, between the periods of ordinary duty and overtime. 25.13. Where more than one attendance is involved, the minimum overtime payment provision will not operate to increase an employee’s overtime payment beyond that which they would have received had they remained on duty from the commencing time of duty on one attendance, to the ceasing time of duty on a subsequent attendance. 17
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Enterprise Agreement 2011-14 - Department of Climate Change

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