34.1
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An employee may be called for a reasonable amount of additional duty at any time, if it is reasonable for them to perform such duty, subject to the conditions in this clause.
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34.2
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Overtime is to be worked by prior direction or, if the circumstances do not permit prior direction, by subsequent approval in writing.
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34.3
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Overtime conditions do not apply to shift workers if inconsistent with clause 37.
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34.4
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Overtime conditions do not apply to part-time employees if inconsistent with clause 48.
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Time off in lieu of payment for overtime
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34.5
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Time off in lieu of payment for overtime may be granted if agreed with the employee.
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34.6
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Time off may be taken on either:
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a) an 'hour for hour' basis with a residual payment for the overtime penalty; or
b) a 'penalty hours' basis calculated by multiplying the hours payable by the overtime rate.
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Where time off in lieu is not taken within four weeks or another agreed period, due to operational requirements, payment of the original entitlement will be made.
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Payment of overtime
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34.8
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An eligible employee will be paid at overtime rates when they are specifically directed to work outside of their regular hours. When employees are directed to work an additional 15 minutes or less continuous with their ordinary duty for the day, that additional time will be recorded as ordinary duty and not overtime.
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34.9
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Overtime will be paid at a rate set out in Attachment A, Schedule 6.
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Rest relief after overtime
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34.10
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This clause applies to an employee whose overtime hours are such that they do not have at least eight consecutive hours off duty (plus reasonable travelling time) between finishing ordinary duty at the end of one day and the commencement of the employee’s ordinary duty on the next day.
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34.11
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The employee will be allowed time off work after such overtime for a period of eight consecutive hours off duty, plus reasonable travelling time, and will suffer no loss of pay for regular working hours occurring during the employee’s absence.
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34.12
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An employee required to resume or continue work without having had eight consecutive hours off duty plus reasonable travelling time, will be paid double ordinary time rates (for time worked) until the employee has had such time off.
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34.13
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The requirement for rest relief does not apply to Emergency Duty unless the time worked, excluding travelling time, is at least three hours on each call.
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Minimum payment
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34.14
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When overtime duty is not continuous with ordinary duty, the minimum payment for each separate attendance will be four hours at the prescribed overtime rate.
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34.15
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An employee who performs overtime while in a restriction situation will be entitled to the minimum overtime payment specified in those provisions.
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34.16
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An employee is not to receive greater payments from multiple periods of overtime than what the employee would have received had they remained on duty for the entire period.
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34.17
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Meal periods are disregarded in determining whether overtime is continuous with ordinary duty.
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34.18
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When an overtime attendance involves duty both before and after midnight, minimum payment provisions for attendance will be satisfied when the total payment for the whole of the attendance equals or exceeds the minimum payment applicable to one day. Minimum payment will be calculated at the higher rate applying on either day if rates differ.
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34.19
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Overtime minimum payment provisions do not apply to Emergency Duty.
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Meal allowance period
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34.20
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A meal allowance period will mean:
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a) 7.00am to 9.00am;
b) noon to 2.00pm;
c) 6.00pm to 7.00pm;
d) midnight to 1.00am.
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Overtime meal allowance
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34.21
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An employee who works overtime;
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a) after the end of ordinary duty for the day, to the completion of or beyond a meal allowance period specified in subclause 34.20, without a paid break for a meal; or
b) prior to the beginning of ordinary duty for the day and has an unpaid meal break;
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will be paid a meal allowance in addition to any overtime payment. The amount of the allowance will be based on the ATO’s subscription service.
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34.22
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An employee who performs duty on a Saturday, Sunday, public holiday, or any other day that they would not normally work, which includes an unpaid meal break, will be paid a meal allowance.
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34.23
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Notwithstanding subclause 33.1, an employee whose salary is at or above the salary barrier will have access to an overtime meal allowance where directed to perform duty and a meal allowance would otherwise be payable.
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Cancellation of overtime
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34.24
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If overtime planned for Saturday, Sunday or a public holiday needs to be cancelled, managers should, wherever practicable, provide employees with at least 48 hours' notice.
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