Subclause 44 Clause Samples
Subclause 44. 4 above only applies when a Senior Medical Practitioner is regularly required by the head of service to work onerous hours over a six month period. In these circumstances, an allowance of up to 5% of the Senior Medical Practitioner’s annual pay specified at Annex A of this Agreement may be authorised. Any such payment will be subject to review every six months. The review should again attempt to reduce the number of hours worked by the Senior Medical Practitioner to conform with subclause 44.1. Provided that, it will not be necessary for six months to pass before payment of this allowance commences, where the employee’s supervisor certifies that:
(a) Onerous hours are being worked;
(b) Efforts to reduce the employee’s hours are not currently practicable; and
(c) It may be reasonably foreseen that onerous hours will continue to be worked for a period of no less than six months.
Subclause 44. 4.1 does not apply to an employee who could not comply with it because of circumstances beyond the employee’s control.
