Residual Payment Agreement

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					      PART 5 – HOURS OF WORK, OVERTIME AND LEAVE
22. HOURS OF WORK
  20.1 Ordinary hours: The ordinary hours of duty for all full-time employees will
       be 36.75 per week or an average thereof.
  20.2 Part-time employees: Part-time employment means employment for
       less than the ordinary hours of duty of a full time employee in the same
       classification. All entitlements, where applicable, under this Agreement
       are paid on a pro rata basis calculated by reference to the fraction
       worked.
  20.3 Span of hours: Ordinary hours of duty (other than for shift workers) will
       be worked within the limits of 6.00am and 6.00pm, Monday to Friday.
  20.4 Worked continuously: The ordinary hours of duty will be worked
       continuously, except for meal breaks. Meal breaks are unpaid and will
       not be regarded as breaking continuity.
   20.4.1 Five hour break: an employee should not work for more than 5
            hours without a break for a meal.
  20.5 Time off in lieu: Time off may be granted in lieu of overtime and/or
       excess travel time provided for under this Agreement where the Director
       and the employee agree.
    20.5.1 Calculation of time off in lieu will be on an "hour for hour" basis with
           an entitlement to a residual payment, or on a penalty time basis.
           For example, 3 hours time off plus 3 hours pay at half time, in lieu
           of 3 hours overtime at time and a half, or alternatively 4.1/2 hours
           time off in lieu of pay.
    20.5.2 Not granted: Payment of the original entitlement will be made when
           time off in lieu of a payment has been previously agreed but, due to
           operational requirements, has not been granted within 4 weeks or
           another agreed period.
  20.6 Hours of duty for part-timers: Before part-time duty commences, notice
       in writing will establish a regular pattern of work, specifying:
        which days of the week the employee will work;
        the hours worked each day;
        approximate starting and finishing times each day; and
        whether the part-time work is for a specified period.
       The pattern of hours specified will be no less than 3 hours per day or an
       alternative agreed period and will be continuous on any one day.
       The prescribed weekly hours and the pattern of hours will not be varied,
       amended or revoked without the written agreement of the employee.
       Any agreed variation to the regular pattern of hours will be recorded in
       writing.
Where a full-time employee is permitted to work part-time for an agreed
period for personal reasons, the notice in writing will provide for the
hours to be varied to full-time hours on a specified date. The employee
will revert to full-time hours unless a further period of part-time
employment is agreed.
20.7   Flexible working hours - Flexitime

       The provisions of this section may be amended as a result of a review to
       be conducted under the provisions of 9.6 of this Agreement.

20.7.1 Introduction

       Flexitime describes flexible attendance arrangements which apply in the
       AAO. Flexitime is intended to enable staff to maintain a work life balance.
       The role of flexitime is to provide short term flexibility rather than the
       accumulation of significant credit hours and taking of blocks of leave.

       The flexitime scheme enables staff to work efficiently while at the same
       time recognising that staff have to accommodate both work and private
       commitments on a daily basis. It allows employees to start and finish work
       at time of their own choosing within a determined bandwidth, subject to
       the availability of work and subject to approval of the employee's
       supervisor. There are additional benefits including reduced administrative
       costs resulting from:
        fewer formal leave applications for short absences
        fewer pay variations for short absences.


       These flexitime arrangements apply only to those staff below AAO Level 5 who
       are required to formally record attendance. Employees at Level 5 and Level 6
       may work flexitime by arrangement with their supervisors and will be required to
       record attendance time under this sub-clause.

       Flexitime is always subject to operational requirements.

20.7.2 Hours of duty

20.7.2.1 Bandwidth
         Bandwidth is the span of hours on a day that an employee may work
         as part of the flexitime scheme. The span of hours is 7.00 am to 7.00
         pm on a Monday to Friday in which a flexitime bandwidth of 10 hours
         must be set. For example, employees can elect a bandwidth of 7.30
         am to 5.30 pm, or 8.00 am to 6.00 pm, or 8.30 am to 6.30 pm where
         permitted by core time. Hours worked outside the bandwidth may not
         be claimed for flexitime purposes.

20.7.2.2 Standard hours
         Standard hours mean a fixed period:
         Epping: Commencing at 9am of 7 hours 21 minutes plus at least
         30 minutes for lunch.
           Coonabarabran: Commencing at 8am of 7 hours 21 minutes plus at
           least 30 minutes for lunch. Standard hours for afternoon shift as per
           24.1.5 (Shiftwork).
           The commencing and finishing times may be determined by the
           Director.

20.7.2.3 Core time
         Core time means the time's during the day when an employee is
         required to be on duty unless on approved leave or approved flex
         leave.
          Epping: Core time hours for full-time employees is between 9.30
            am and 12.00 noon and 2.00 pm and 4.00 pm.
          Siding Spring: Core time hours for full-time employees is between
            8.00 am and 11.00am and 2.00 pm and 4.00 pm. Absences during
            shiftwork core time require the approval of the Operations Manager.
         Core time hours for part-time employees will be determined by
         agreement between the employee and their supervisor and agreed by
         the Director based on the prescribed hours of the part-time employee.

20.7.2.4   Lunch period
           An employee should take a meal break of not less than 30 minutes and
           not greater than 2 hours, no later than 5 hours after commencing duty:
                      between 12.00 noon and 2.00 pm (Epping)
                      between 11.00 am and 2.00 pm (Siding Spring)

20.7.2.5      Flexible Time
              Flexible time is the
              period outside core time but within the bandwidth during which
              individual officers have the scope to vary periods of their
              attendance pattern, subject to work requirements.

20.7.2.6      Flex leave
              Flex leave is an approved absence which:
               is deducted from Flex Credits,
               may include core time,
               may create a flex debit provided that this debit is not more than
                 10 hours at the completion of the settlement period.

              A maximum of two days flex leave may be taken in any settlement
              period.

20.7.2.7      Settlement period
              Settlement period means the ordinary working days over which
              calculations are made to determine flex credit or flex debit carry
              over. The settlement period for flexitime is currently a fixed period
              of a fortnight (including public holidays). From time to time, the
             parties to this Agreement may mutually agree to vary the length of
             the settlement period.

20.7.2.8.1.1 Flex credit

20.7.2.8.1   Definition
             A flex credit results when the aggregate amount of time worked by
             an employee by the end of the settlement period is more than the
             sum of the standard days (73.5 hours) and after any necessary
             adjustment has been made for any approved leave and including
             any carry over from the previous settlement period. Any overtime
             worked in a settlement period does not count towards flexitime.

20.7.2.8.2   Discharging a flex credit
             An employee may carry over no more than 10 hours per fortnight
             and may accrue a maximum of 60 hours in agreement with their
             supervisor. An employee should seek to manage their flex credit
             balances with flex leave so as to avoid accruing balances of time in
             excess of 10 hours.

             Wherever the flexitime credit exceeds 60 hours at the end any
             settlement period, the excess flexitime credit is automatically
             forfeited. However, in the event that an employee is requested not
             to take approved flex leave due to operational reasons, the
             employee will be paid hour for hour for the excess that would have
             been taken as approved flex leave.

20.7.2.9 Flex debit

20.7.2.9.1   Definition
             A flex debit results when the aggregate amount of time worked by
             an employee by the end of the settlement period is less than the
             sum of the standard days (73.5 hours) and after any necessary
             adjustment has been made for any approved leave and including
             any carry over from the previous settlement period. Any overtime
             worked in a settlement period does not count towards flexitime.

20.7.2.9.2   Discharging a flex debit
             An employee may carry over a maximum of 10 hours flex debit
             accumulated in any settlement period into the next settlement
             period. Where an employee has accumulated in excess of 10
             hours flex debit at the end of a settlement period, the deficient
             hours will be without pay.
              A flex debit may be acquitted by making up the time in the following
              settlement period, or by submitting a leave form against
              recreational leave.

              A flex debit in excess of 10 hours may not be carried for more than
              one settlement period and must be acquitted by submission of a
              leave application.

              If an officer has a debit accrual on ceasing employment at the AAO,
              an equivalent deduction will be made from any payments due to the
              officer.

20.7.3 Employee responsibilities:
      Employees who participate in the flexitime scheme are required to record
      their actual start and finish times, and the times of their meal breaks in the
      format approved by the Director. Flexitime may be recorded electronically
      or as a paper record. Failure to observe these requirements will result in
      reversion – see clause 1.5 below.

20.7.4 Supervisor responsibilities
      Supervisors approve flexitime sheets fortnightly and consider leave
      requests. Supervisors have the discretion to deny flexible attendance
      arrangements where this would compromise the maintenance of
      satisfactory work levels, communication or services. Supervisors and staff
      must ensure that staff are gainfully employed while on flexitime
      arrangements rather than merely to build up flex credits.


20.7.5 Reversion
      Reversion means to revert from flexitime to the hours of a standard day for
      a period as determined by the Director.

20.7.5.1 Reversion - work requirements:
             The Director may, where it is necessary to do so because of
             essential work requirements, cause an employee or group of
             employees in a workplace to revert to the hours of a standard day
             for a period or enter into a local agreement to temporarily vary the
             existing flexitime arrangement.

20.7.5.2 Reversion - non compliance:
           The Director may, where it is reasonable to do so because an
           employee has failed to comply with the provisions of flexitime,
           remove that employee from flexitime for a specified period and that
           employee will revert to working the hours of a standard day.
23. OVERTIME
  21.1 General conditions:
    21.1.1 Performance: An employee may be called for duty at any time
           required, subject to the prescribed conditions for overtime.
           Overtime will be paid at the overtime rate, but only where
           performed by employees whose base salary is below AAO level 5.
           For staff at levels 5 & 6 overtime will be paid at an un-enhanced
           rate i.e. hour payment for hour worked with no minimum payment.
           Unless authorised by the Director, an employee at or above level 7,
           will not receive overtime payments under 23.2 (Rates), 23.4
           (Minimum payment) or 23.5 (Emergency duty).
    21.1.2. Direction: Overtime is to be worked by prior direction, or if
             circumstances do not permit prior direction, subsequently approved
             in writing. An Employee may refuse to work overtime in
             circumstances where the working of such overtime would result in
             the Employee working hours that are unreasonable having regard
             to:
            (i) any risk to health and safety;
            (ii) the Employee’s personal circumstances, including any family
            responsibilities;
            (iii) the needs of the workplace;
            (iv) the notice (if any) given by AAO of the overtime and by the
            Employee of his or her intention to refuse it; and
            (v) any other relevant matter.


    21.1.3 Definition: Duty will be considered overtime where:
            21.1.3.1 it is performed on Monday to Friday outside the ten hour
                     bandwidth for ordinary hours and if additional to the ten
                     hour bandwidth. Only those hours worked beyond the ten
                     hour bandwidth will constitute overtime hours except in the
                     event that an employee has been requested to perform
                     additional duty during the flexitime bandwidth and is unable
                     to accrue flexitime credit due to the any hourly cap. T The
                     staff member may then be paid overtime for the requested
                     additional duty; or
            21.1.3.2 it is performed on Monday to Sunday during the span of
                     ordinary hours for the Afternoon Shift but beyond the
                     length of time the employee is formally rostered to work on
                     the day concerned. Only those hours worked beyond the
                     rostered ordinary hours will constitute overtime hours; or
            21.1.3.3 it is performed on a Saturday, Sunday or Public Holiday; or
        21.1.3.4 Subject to the conditions above, overtime is available to
                   - employees on flexitime, or
                   - employees not rostered on shift, or
        21.1.3.5 It is performed by a shiftworker on their rostered day off, regardless
                 of being inside or outside the bandwidth for normal hours; or
        21.1.3.6 Staff are contacted to resolve a problem and assist remotely by
                 telephone or other means. Staff are paid for the duration of the
                 response, a minimum payment of one hour applies to the total time
                 expended in the response to the call which may include further
                 calls or physical attendance.


21.1.4. Meal periods disregarded: For the purposes of determining whether
        an overtime attendance is or is not continuous with ordinary duty, or
        is or is not separate from other duty, meal periods will be
        disregarded.
21.1.5. Shift-workers: The on call afternoon shiftworker (see clause
         24.1.5.4) may be eligible for overtime in accordance with 23.1.1.
         Overtime conditions specified in this clause do not apply to shift-
         workers where inconsistent with 24.3 (Shiftwork: overtime).
21.1.6. Part-time employees – non-shift-workers: In the case of part-time
         employees overtime will be paid in accordance with 23.1.1:
        21.1.6.1 overtime will be paid for all duty performed which is not
        continuous with an employee's ordinary hours;
        21.1.6.2 overtime will be paid for all duty performed on any day
        which is continuous with an employee's ordinary hours which, in
        whole or in part, falls outside the staff member’s flexitime
        bandwidth, where the employee also completes the ordinary hours
        of duty on that day; and
        21.1.6.3 overtime will be paid for duty which is continuous with an
        employee's ordinary hours, which falls wholly within the staff
        member’s flexitime bandwidth and which exceeds, in any one
        week, that employee's prescribed weekly hours
21.1.7. Part-time employees – shift-workers: In the case of part-time
         employees, overtime will be paid in accordance with 23.1.1 for duty
         performed except for situations covered by a shift allowance as
         described in 24.3:
        21.1.7.1 on any day which is beyond the normal rostered hours of
        duty on that day; and
        21.1.7.2 in any week in excess of that employee's prescribed
        weekly hours of duty
 21.1.8. In the case of part-time employees at or above level 5, extra duty will
          be paid pro-rata in respect of duty performed outside the prescribed
          ordinary hours, subject to the total of ordinary duty and extra duty
          not exceeding:
           on any day a maximum of either 7 hours and 21 minutes or 7
              hours and 36 minutes ordinary and extra duty as applicable to
              an equivalent full-time employee; and
           in any week a maximum of either 36 hours and 45 minutes or 38
              hours ordinary and extra duty as applicable to an equivalent full-
              time employee.
21.2 Rates
 Staff eligible for enhanced (penalty) rates in accordance with 23.1.1 will be
 paid according to the following conditions.
 21.2.1. Salary: An employee's salary for the purpose of calculation of
         overtime will include any allowance that count for superannuation
         purposes.
 21.2.2. Formulae: The hourly rate for overtime payment will be ascertained
         by applying the following formulae:
         Time and a half rate:

     Annual Salary       X   _____________6____________              X    3/2
        313                  PRESCRIBED WEEKLY HOURS
                             before overtime is payable

         Double time rate:

     Annual Salary       X   _____________6____________              X    2/1
        313                  PRESCRIBED WEEKLY HOURS
                             before overtime is payable

         Double time and a half rate:

     Annual Salary       X   _____________6____________              X    5/2
        313                  PRESCRIBED WEEKLY HOURS
                             before overtime is payable
 21.2.3 Monday to Friday: Overtime worked Monday to Friday will be paid
        at time and a half
 21.2.4 Saturday: Overtime worked on Saturday will be paid at the rate of
        time and a half for the first 3 hours and double time thereafter.
 21.2.5 Sunday: Overtime worked on Sunday will be paid at the rate of
        double time.
 21.2.6 Public holiday: Overtime worked on a public holiday will be paid at
        the rate of double time and a half. Duty on a public holiday, not in
        excess of the prescribed weekly hours (that is, duty during
              prescribed standard hours) will be payable at time and a half
              additional to payment for the holiday. For the purposes of this
              paragraph, a holiday means a holiday as prescribed in or
              authorised under clause 38 (Public holidays).


     21.3 Time Off In Lieu (TOIL)
       21.3.1 General conditions: Time off in lieu may be granted as provided for
          under this Agreement where the Director or his delegate and the
          employee agree:
                 in lieu of overtime (for employees below level 5,
                 in lieu of hours worked beyond ordinary hours (for employees at
                  or above level 7), and
                 in lieu of excess travel time as defined in section Excess
                  Travelling Time 20.4 (for employees at all levels).
       21.3.2 Calculation of time off in lieu
           For employees eligible for penalty rates (those below level 5), the
           calculation of time off in lieu will be on an ‘hour for hour’ basis based
           on the relevant penalty rate and include the option for the penalty
           loading to be taken as time off in lieu or as a residual payment. For
           example, assuming a penalty rate of time and a half, 3 hours worked
           as overtime may be taken as
           o 3 hours time off plus 3 hours pay at half time, or
           o 4.5 hours time off in lieu of pay.
     21.3.3. Sunday duty - day off in lieu: Where an employee performs a full
              day's duty on Sunday that is in addition to the employee's
              prescribed hours of duty for the week,
              21.3.3.1 the employee, if below level 5,
              o may receive payment for the equivalent of two ordinary days or
              o wherever practicable, be granted a day off duty during the
                following week and be paid an additional one day's pay.
              21.3.3.2 the employee if at level 5 or below level 7,
              o may receive payment for the equivalent of one ordinary day or
wherever practicable, be granted a day off duty

       21.3.4 Worked Examples based on eight hours of
       overtime
            Period         Rate         Level 4 and below                    Levels 5 and 6
                                   Cash payment                      Cash payment
                                                  Cash and TOIL                              TOIL
                                       only                              only

                                                  equivalent 4
                                  equivalent 12                    equivalent 8 hours
    Monday to Friday        1.5 hours pay         hours pay; eight
                                                                   pay
                                                                                      Eight hour's leave
                                                  hour's leave

                                                   equivalent 6.5
    Saturday (1st 3hrs)    1.5 equivalent 14.5                     equivalent 8 hours
                                                  hours pay; eight                    Eight hour's leave
    Saturday (2nd 5 hrs)   2.0 hours pay            hour's leave
                                                                   pay


                                                  equivalent 8
                                  equivalent 16                    equivalent 8 hours
    Sunday                  2.0 hours pay         hours pay; eight
                                                                   pay
                                                                                      Eight hour's leave
                                                  hour's leave

                                                  equivalent 12
                                  equivalent 20                    equivalent 8 hours
    Public Holiday          2.5 hours pay         hours pay; eight
                                                                   pay
                                                                                      Eight hour's leave
                                                  hour's leave




   21.3.5 Taking time off in lieu
            The time off in lieu
               is to be nominated in advance of the overtime, additional hours
                or excess travel time for which the time off in lieu is granted
                where practical to do so.
               may precede the overtime, additional hours or excess travel
                time to which it applies.
               Is to be taken within two weeks of the overtime, additional hours
                or excess travel time for which the time off in lieu has been
                granted.
               Time off in lieu that is not taken after two weeks of the overtime,
                additional hours or excess travel time for which the time off in
                lieu has been granted is forfeited by the employee.
               May not be taken in conjunction with Flexitime credit leave.
   21.3.6       TOIL not granted: Payment of the original entitlement will be
                made when time off in lieu of a payment has been previously
                agreed but due to operational requirements, has not been
                granted within 4 weeks or another agreed period.


21.4 Rest relief after overtime
 21.4.1 Rest break: An employee who works so much overtime that the
        employee has not had at least 8 consecutive hours off duty plus
        reasonable travelling time:
            between the termination of the employee's ordinary duty on any
             day or shift, and the commencement of the employee's ordinary
             work on the next day or shift; or
          on a Saturday, Sunday or a public holiday, not being an ordinary
             working day, or on a rostered day off, in the 24 hours preceding
             the employee's ordinary commencing time on the employee's
             next ordinary day or shift
         will be granted time off under 23.3.2.
 21.4.2 Time off: An employee who works so much overtime that the
        employee fails to meet the requirements of 23.3.1 will be allowed to
        leave work after such overtime for a period of 8 consecutive hours
        off duty, plus reasonable travelling time, and will suffer no loss of
        pay for ordinary working time occurring during the employee's
        absence.
 21.4.3 Reduced rest period: Provided that if an employee is required to
        resume or continue work on the instruction of the Director, without
        having had 8 consecutive hours off duty plus reasonable travelling
        time
         for employees below level 5, the employee will be paid at
           double ordinary time rates (for time worked) until the employee
           has had 8 consecutive hours off duty plus reasonable travelling
           time;
         for employees at levels 5 and 6, the employee will be paid at
           ordinary time rates (for time worked) until the employee has had
           8 consecutive hours off duty plus reasonable travelling time;
         the employee is to suffer no loss of pay for ordinary working
           time occurring during the employee’s absence.
 21.4.4 Emergency duty rest period: The provisions of 23.3 do not apply to
        overtime worked in the circumstances covered by 23.5 (Emergency
        duty) unless the actual time worked, excluding travelling time, is at
        least 3 hours on each call.
21.5. Minimum payment
  Staff eligible for enhanced rates in accordance with 23.1.1 will be paid
  according to the following conditions.
 21.5.1 Four hour minimum: Subject to the rest of 23.4, where an employee
        is required to perform overtime duty, and such duty is not
        continuous with ordinary duty, the minimum overtime payment for
        each separate overtime attendance will be four hours at the
        prescribed overtime rate.
 21.5.2 Multiple attendances: Where more than one attendance is involved,
        the minimum overtime payment provision will, subject to the
        prescribed minimum payment, not operate to increase an
        employee's overtime remuneration beyond that to which the
         employee would have been entitled had the employee remained on
         duty from the commencing time of duty on one attendance to the
         ceasing time of duty on a subsequent attendance
 21.5.3 Meal periods disregarded: For the purposes of determining whether
        an overtime attendance is or is not continuous with ordinary duty, or
        is or is not separate from other duty, meal periods will be
        disregarded.
 21.5.4 Duty over midnight: Where an overtime attendance, not continuous
        with ordinary duty, involves duty both before and after midnight, the
        minimum payment provisions of this subclause will be satisfied
        when the total payment for the whole of the attendance equals or
        exceeds the minimum payment applicable to one day. Where a
        higher overtime rate applies on one of the days, the minimum
        payment will be calculated at the higher rate.
 21.5.5 Emergency duty: The provisions of 23.4 will not apply to duty which
        is covered by 23.5 (Emergency duty).
21.6 Emergency duty
   Staff who are on call are excluded from this condition.
 21.6.1 Where an employee is called on duty to meet an emergency at a
        time when the employee would not ordinarily have been on duty,
        and no notice of such call was given to the employee prior to
        ceasing ordinary duty, the employee will be paid for such
        emergency duty at the rate of double time except for staff excluded
        by the provisions of 23.1.1. The time for which payment will be
        made will include time necessarily spent in travelling to and from
        duty. The minimum payment will be 2 hours at double time except
        for staff excluded by the provisions of 23.1.1. A mileage allowance
        will be payable if the employee uses their own vehicle.

				
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