Department of Human Services Agreement 2011–2014 [pdf, 1.05mb]

Overtime period is not continuous with ordinary or rostered
hours, and employee has no notice of overtime (see
clause F14 – Emergency duty)
Overtime period is not continuous with ordinary or rostered
hours, and the employee does not need to attend the
workplace to perform duties
Employees on restriction duty required to perform overtime:
Where the employee needs to attend the workplace to perform
duties
Where the employee does not need to attend the workplace to
perform duties
Two hours
Two hours
Three hours
One hour
F13.12 Where an employee performs more than one period of overtime in a day, payments (in
accordance with clause F13.11) will not exceed the payment that would be made if the
employee remained on duty from the time of commencing the first period of overtime to the end
of any subsequent periods of overtime.
F13.13 An employee may agree with the Secretary to exchange an overtime payment for time off in lieu
of the overtime hours worked, calculated at the relevant overtime rate. Where an employee has
requested time off in lieu of overtime payments, the Secretary will determine whether to grant
access to time off in lieu in accordance with the criteria set out in subclause G3.2.
F13.14 If an employee and the Secretary cannot accommodate the time off in lieu within a four-week
period after the overtime is worked, the employee will be paid the original entitlement, and no
time off in lieu will apply.
Rest relief after overtime
F13.15 Employees are entitled to a break of at least eight consecutive hours, plus reasonable travelling
time, between the time they finished duty (including overtime worked after a period of ordinary
duty) and the time they are next required to commence ordinary duty, without loss of pay.
Where this break is not possible due to business needs, the employee will be paid at double
ordinary time rates for any period of work until an eight-hour break occurs.
F13.16 Subclause F13.15 does not apply to emergency or restricted duty situations, unless the actual
time worked, excluding travelling time, is at least three hours on each call.
F14
EMERGENCY DUTY (OVERTIME WITHOUT PRIOR NOTICE)
F14.1 This clause F14 will apply where an employee is required to work overtime without receiving
prior notice.
F14.2 Where an employee is required to attend the workplace in accordance with this clause F14, and
the employee is not in receipt of a restriction allowance, the employee will be paid the
“Emergency Duty” rate in subclause F13.7 for time worked and reasonable travel time, subject
to the minimum payment provided in subclause F13.11.
F14.3 Where an employee can perform overtime under this clause F14 without needing to attend the
workplace, the employee will be paid the “Overtime without notice” rate in subclause F13.7 for
time worked, subject to subclause F13.11.
F15
FLEXIBLE ARRANGEMENTS FOR EL EMPLOYEES
F15.1 Executive Level (EL) employees are not entitled to access flex time under clause F11 of this
Agreement.
Department of Human Services Agreement 2011 – 2014 41