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CrimTrac Enterprise Agreement 2011-2014

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110. The CEO may agree with an employee to other meal periods for the purpose of this provision.<br />

However, any agreement must provide for four meal periods in a 24 hour period.<br />

Time off instead of overtime<br />

111. An employee may choose to take time off in lieu of payment for overtime on an hour for hour basis<br />

(with residual payment) or as time at overtime rates.<br />

112. An employee will take this time off in lieu of payment for overtime at an agreed time subject to<br />

operational requirements. It is expected that this will occur as soon as practicable (within three<br />

months) of the overtime being worked. Time off in lieu of payment of overtime not taken in that<br />

time will not be lost or forfeited by an employee.<br />

RESTRICTION ALLOWANCE<br />

Restriction direction<br />

113. An employee may be directed to be contactable and available to perform duties outside the<br />

employee’s ordinary hours of work (a restriction direction).<br />

114. A restriction direction must be in writing, stating what the employee is directed to do and how that<br />

differs from the employee’s normal work conditions.<br />

Restriction allowance<br />

115. An employee is entitled to an allowance (a restriction allowance) if the employee:<br />

a. is subject to a restriction direction<br />

b. is not at a classification level above the salary barrier.<br />

116. The CEO may grant a restriction allowance to an employee at a classification level above the salary<br />

barrier. This will apply in exceptional circumstances only.<br />

117. The allowance is to be paid for each hour or part of an hour restricted in accordance with the<br />

following table:<br />

Period of restriction<br />

Allowance (% of employee’s hourly rate of salary)<br />

Monday to Friday 7.5%<br />

Saturday or Sunday 10%<br />

Public holiday 15%<br />

118. For clause 117, the hourly rate of salary is worked out as follows:<br />

salary<br />

313<br />

6<br />

37.5<br />

where salary includes higher duties allowance and any other allowances in the nature of salary.<br />

119. Restriction allowance is not payable for any period for which the employee receives another<br />

payment.<br />

120. If an employee who is subject to a restriction direction is required to perform duty, the relevant<br />

overtime provisions will apply to the duty, subject to:<br />

a. a one hour minimum payment, if the employee is not recalled to a place of work to perform the<br />

duty<br />

b. a three hour minimum payment if the employee is recalled to a place of work to perform the<br />

duty.<br />

22

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