Overtime and TOIL Clause Samples
Overtime and TOIL. Subject to the other terms of Part 1 of this Appendix, an Eligible Employee who is paid the Composite Allowance: is entitled to be paid for overtime worked in excess of that set out in the Work Arrangements, in accordance with the Supplementary Terms and Conditions of Employment for Operational Employees contained in Part 2 of this Appendix; or may elect to take time off in lieu (TOIL) of payment for overtime worked in excess of that set out in the Work Arrangements, in accordance with the Supplementary Terms and Conditions of Employment for Operational Employees contained in Part 2 of this Appendix. Overtime shall only be worked with the prior approval of the relevant Manager or delegate thereof. This includes the overtime included in the Work Arrangements. Prior to commencing any overtime in excess of that set out in the Work Arrangements, the Eligible Employee and the Employer must agree as to whether such overtime will be paid or taken as TOIL, in accordance with this Appendix. The Employer will agree to overtime in excess of that set out in the Work Arrangements being paid unless the Employer considers that health and safety considerations indicate that such overtime should be taken as TOIL. TOIL can only be accrued to a maximum of 38 hours at any one time. Once an eligible Employee accrues 38 hours of TOIL, any additional overtime hours in respect of which the Eligible Employee would have an entitlement to be paid or take TOIL under Part 1 of this Appendix must be taken as paid overtime. During any one calendar year, a maximum of 38 hours TOIL may be converted into annual leave. Eligible Employees will not be rostered for stand-by duty while on approved leave. An Eligible Employee who is rostered for stand-by duty must, at all times while on stand-by duty: be contactable; have a zero-blood alcohol level; and be able to return to their place of work within a reasonable time of being recalled to duty, which must not exceed one hour from the time of recall. An Eligible Employee who is paid the Composite Allowance will be paid for stand-by duty undertaken in excess of: 26 weeks per calendar year with respect to Eligible Surveillance Officers; and 12 weeks per calendar year, with respect to Eligible Intelligence/Investigative Employees; in accordance with the Supplementary Terms and Conditions of Employment for Operational Employees contained in Part 2 of this Appendix.
Overtime and TOIL. 6.6.1 Except as outlined in subclause 6.4.2, any time worked outside of, or in excess of the hours specified in subclause 6.4.2, shall be paid at the rate of time and a half for the first three (3) hours and double time thereafter. Overtime must be authorised in advance.
6.6.2 An Employee who has undertaken overtime authorised in advance by the Head of Campus/Head of School may, by mutual agreement, 'bank' any such time worked to be taken as Time Off in Lieu (TOIL), under the following conditions:
a. Only the first three (3) hours of overtime on any single day may be banked as TOIL.
b. Banked TOIL will be accrued and used on a 'time for time' basis, meaning one (1) hour of overtime worked equals one (1) hour of paid time off during non-term time.
c. Any overtime worked in excess of three (3) hours on a single day will be paid at the double time rate and cannot be banked.
d. A maximum of three (3) days of TOIL can be accrued per school term and must be used during the next period of non-term time unless otherwise approved by the Head of Campus/Head of School.
e. All TOIL balances must be reduced to zero at the beginning of each school year. Any unused banked TOIL at the end of each year will be paid to the Employee at the rate of time and a half.
f. Upon termination of employment, any remaining banked TOIL will be paid out at the rate of time and a half, no later than the next full pay period following termination.
g. The Employer will ensure that the tracking and utilisation of banked TOIL are transparent and communicated clearly to Employees.
Overtime and TOIL. 40.1 The Director-General may direct any APS 1-6 employee, or an Executive Level IT specialist, to work extra duty for which overtime is payable.
40.2 Overtime is extra duty an employee is directed to perform that is in addition to their ordinary hours of work. For APS 1-6 employees working within the flextime provisions of Clause 36, overtime is only payable after 10 hours of ordinary duty on any day. Prior direction to work overtime by the Director- General is required; overtime is not to be self-initiated. Where circumstances do not permit prior direction by the Director-General, the Director-General may authorise that period of work to be treated as overtime. If such a direction or authorisation is not given to the employee to work overtime, no overtime payment or TOIL will apply for the period worked.
40.3 Overtime payments will be calculated at the following rates: Monday to Saturday – time and a half for the first three hours each day and double time thereafter; Sunday – double time; and public holidays – double time and a half.
40.4 The Director-General may approve an eligible employee to access TOIL for any overtime worked rather than receiving payment. The rate of TOIL is the same as for overtime payment.
40.5 A meal allowance will be paid in conjunction with overtime where an employee is directed to work a continuous period of at least two hours outside the span of hours and the period extends over a meal period. The meal periods are: Monday to Friday: 7.00am to 9.00am, 7.00pm to 8.00pm and, midnight to 1.00am Saturday, Sunday and public holidays: 7.00am to 9.00am, 12.30pm to 1.30pm, 7.00pm to 8.00pm; and midnight to 1.00am.
40.6 Further information is provided in the ONA Director-General Human Resource Management Instructions and Guidelines.
40.7 An employee who performs overtime, whether continuous with ordinary duty or as a separate attendance, will be entitled to a break of at least eight hours, plus reasonable travel time, between two periods of duty. If the break overlaps with a period of ordinary duty the employee will be paid their normal salary for this period.
40.8 Where the break described above is not possible due to operational requirements, the employee will be paid at double time until the eight hour break is taken.
Overtime and TOIL. (a) The employee may choose to have overtime paid or banked as TOIL. (TOIL accrued will be either taken or paid out at the applicable overtime rate, however, alternate arrangements for TOIL may be agreed to in a local work area agreement;
(b) The parties agree that the maximum amount of TOIL to be accumulated will be 200 hours.
(c) The parties agree that accrued TOIL will be paid in full to the employee by 31st March of each year, except that a safety net of 38 hours will be allowed to be retained.
(d) Travel undertaken in time x 1.5 will be paid at time x 1.5.
Overtime and TOIL. 25.1. Australian Progress acknowledges that Employees may be required to work reasonable additional hours in excess of their ordinary 38 hours pro-rata, and in excess of the 2.8 hours pro-rata per working fortnight (which will be compensated through the ADO system detailed in Clause 24), in order to properly fulfil their duties and in accordance with the needs of the Employee. For the purposes of this Agreement, these reasonable additional hours are not considered overtime.
25.2. Hours worked will be treated as overtime only if they are:
A. in addition to the Employee’s ordinary hours stipulated in Clause 21.1, pro-rata; and
B. in excess of the hours stipulated in Clause 24.2; and C. not covered by the flexible working hours ▇▇▇▇▇▇ 23.
25.3. All overtime must be applied for and approved in advance by the Employee’s manager and the CEO.
25.4. The maximum number of overtime hours that an Employee can accrue is 30 at any given time, except for emergencies and large events organised by Australian Progress. For large events and emergencies, the CEO can approve overtime, and the resulting TOIL, for more than 30 hours.
25.5. Any amount of overtime that has been worked by an Employee in a particular pay period must be recorded in writing and include the day, date, start and finish times, the number of hours worked, and the number of hours accrued as time off.
25.6. An Employee may refuse to work overtime in circumstances where the request is unreasonable having regard to:
A. any risk to Employee health and safety from working the extra hours;
B. the Employee's personal circumstances including but not limited to family responsibilities; and
C. the needs of the workplace.