Common use of OVERTIME AND TIME OFF IN LIEU Clause in Contracts

OVERTIME AND TIME OFF IN LIEU. 35.1 The Clerk may direct employees to work overtime. Such a direction must be reasonable in all the circumstances, and an employee may refuse to work the additional hours if he or she considers the request unreasonable. 35.2 Full-time employees at the Australian Parliamentary Service Levels 1/2 to 6 may claim payment for overtime where they are directed to work, and in fact work, outside the hours 8.00am to 6.00pm Monday to Friday. 35.3 Part-time employees may claim overtime for those hours they are directed to work beyond their agreed standard hours, with the exception of the first hour beyond their standard hours for that day, which may be claimed as flextime. 35.4 Sessional or casual non-ongoing employees (including casual Parliamentary Educators) will be paid overtime for all hours they are directed to work beyond 7 hours and 30 minutes on any particular day or rostered period of duty. 35.5 Subject to clause 35.17, overtime is not payable to Parliamentary Executive level employees. Employees at this level may negotiate with their program manager for time off in lieu of significant or consistent unpaid hours not otherwise remunerated by HSA, CA or ▇▇▇. While it is recognised that not all such requests will be able to be accommodated, co-operation and flexibility in the negotiations should ensure that Parliamentary Executive level employees are able to balance their personal commitments with the operational requirements of their duties and responsibilities in the workplace. 35.6 Employees who have worked authorised overtime, but who have a flex debit at the end of the fortnight, will not be eligible for overtime payment until the flex debit has been eliminated. Such debits are to be reduced by the period of overtime worked, with the reduction being calculated at the applicable overtime rate. 35.7 Employees who have worked authorised overtime, may elect to take time off in lieu of receiving payment. TOIL will be calculated at the applicable overtime rate. Details on TOIL bank are outlined in the following subsection. 35.8 Overtime rates are as follows: • Monday to Saturday Time and one half • Sunday Double time. 35.9 Where authorised overtime is worked on a public holiday which falls on a week day, the rate will be double time for duty outside the standard hours. For duty within the standard hours, overtime will be calculated at single time as employees are already being paid for the public holiday. 35.10 In calculating the overtime payment, a divisor of 37 hours and 30 minutes will be used for the purpose of determining the relevant hourly rate. 35.11 Employees are required to have a rest break of at least nine hours, including travel time, between ceasing work on any day or shift and commencing work on the next day or shift. Where, following direction by the Clerk, the employee is required to resume duty without completing a nine hour break, he or she will be paid double time rates until he or she has had a nine hour break. 35.12 Employees who elect to take time off in lieu of receiving overtime payments, or who accumulate time off in lieu as a consequence of travelling on official duty outside the span of hours, may bank their TOIL credits up to a maximum limit of 150 hours. 35.13 Access to TOIL credits will be a matter for agreement between employees and their supervisors and will be subject to the same operational considerations that apply to other forms of leave (e.g. annual leave, flex leave). 35.14 It is agreed that, as a general principle, ▇▇▇▇ credits will not be cashed out. It is expected that employees will use their TOIL credits during the course of the year following its accumulation and that supervisors will monitor usage of TOIL credits to ensure that credits are accessed. Where a TOIL credit is not being used, it is expected that the employee and supervisor will agree on appropriate arrangements to use the TOIL credit. 35.15 In cases where an employee who has a TOIL credit leaves the department for any reason without having had a reasonable opportunity to use that credit, a TOIL credit will be paid out to the employee at ordinary time, with the approval of the delegate.

OVERTIME AND TIME OFF IN LIEU. 35.1 33.1 The Clerk may direct employees to work additional hours or overtime. Such a direction must be reasonable in all the circumstances, and circumstances but an employee may refuse to work the additional hours if he or she considers the request unreasonableovertime. 35.2 Full-time employees 33.2 Employees at the Australian Parliamentary Service Levels 1/2 to 6 may claim payment for overtime where they are directed to workto, and in fact work, outside the hours 8.00am to 6.00pm Monday to Friday. 35.3 Part33.3 A part-time employees may claim overtime for those hours they are employee who is directed to work beyond their additional hours may claim for payment as follows: a. for any additional hours worked over and above his or her agreed standard hours, hours up until 5.00pm – at the relevant single time rate; and/or b. where eligible to claim payment for overtime in accordance with clause 33.2 – at the exception of the first hour beyond their standard hours for that day, which may be claimed as flextimerelevant overtime rate. 35.4 33.4 Sessional or casual non-ongoing (temporary) employees (including casual Parliamentary Educators) will be paid overtime for all hours they are directed to work beyond 7 hours and 30 minutes on any particular day or rostered period of duty. 35.5 Subject to clause 35.17, overtime 33.5 Overtime is not payable to Parliamentary Executive level employees. Employees at this level The relevant program manager, subject to operational requirements and the employee’s personal needs, may negotiate with their program manager for approve time off in lieu of significant or consistent unpaid hours not otherwise remunerated by HSA, CA HSA or ▇▇▇. While it is recognised that not all such requests will be able to be accommodated, co-operation and flexibility in the negotiations should ensure that Parliamentary Executive level employees are able to balance their personal commitments with the operational requirements of their duties and responsibilities in the workplaceCA. 35.6 33.6 Employees who have worked authorised overtime, but who have a flex debit at the end of the fortnight, will not be eligible for overtime payment until the flex debit has been eliminated. Such debits are to be reduced by the period of overtime worked, with the reduction being calculated at the applicable overtime rate. 35.7 Employees who have worked authorised overtime, may elect to take time off in lieu (TOIL) of receiving overtime payment. TOIL will be calculated at the applicable overtime rate. Details on TOIL bank are outlined in the following subsectionrate and subject to clauses 33.10 to 33.12. 35.8 33.7 Overtime rates are as follows: • are: a. Monday to Saturday Time and one half • half; and b. Sunday Double time. 35.9 Where 33.8 Subject to clause 33.7, where authorised overtime is worked on a weekday public holiday which falls on a week dayholiday, the rate will be double time for duty performed outside the standard hours. For duty within the standard hours, overtime will be calculated at hours and single time within standard hours as employees are already being paid for the public holiday.holiday.‌ 35.10 In calculating the overtime payment, a divisor of 37 hours and 30 minutes will be used for the purpose of determining the relevant hourly rate. 35.11 33.9 Employees are required to have a rest break of at least nine hours, including travel time, between ceasing work on any day or shift and commencing work on the next day or shift. Where, following direction by the Clerk, the employee is required to resume duty without completing a nine nine-hour break, he or she will be paid double time rates until he or she has had a nine nine-hour break. 35.12 33.10 Employees who elect to take time off in lieu of receiving overtime payments, or who accumulate time off in lieu as a consequence of when travelling on for official duty outside the span of hoursduty, may bank their TOIL credits up to a maximum limit of 150 hours. 35.13 33.11 Access to TOIL credits will be a matter for agreement between employees and their supervisors and will be is subject to operational requirements, the same operational considerations that apply employee’s personal needs and relevant departmental guidelines. Employees and supervisors are expected to other forms monitor TOIL balances and make appropriate arrangements to enable usage of leave (e.g. annual leave, flex leave)TOIL credits. 35.14 It is agreed that, as a general principle, ▇▇▇▇ 33.12 TOIL credits will not be cashed out. It is expected that employees will use their TOIL credits during the course of the year following its accumulation and that supervisors will monitor usage of TOIL credits to ensure that credits are accessed. Where a TOIL credit is not being usedHowever, it is expected that the employee and supervisor will agree on appropriate arrangements to use the TOIL credit. 35.15 In cases where an employee who has a TOIL credit leaves the department for any reason ceases employment without having had a reasonable opportunity to use that creditall his or her TOIL credits, a the delegate may approve payment for the TOIL credit credits at single time rates. 33.13 Employees at the Australian Parliamentary Service classifications 1/2 to 6 who volunteer to perform duty, associated with recognised conferences or open days, which is outside standard hours will be paid out eligible to be compensated for the employee rostered extra duty under the following arrangements: a. for duty which attracts overtime at ordinary the rate of time and one half, payment at half time and time off in lieu at single time; and b. for duty which attracts overtime at the rate of double time, payment at single time and time off in lieu at single time. 33.14 Employees at the Parliamentary Executive levels who volunteer to perform duty, associated with recognised conferences or open days, which is outside standard hours will be eligible to claim time off in lieu on an hour for hour basis. 33.15 Where employees at the approval of Australian Parliamentary Service classifications 1/2 to 6 are directed to perform overtime duty associated with such events, and the delegateemployees have no discretion, the overtime provisions in clause 33 will apply.