Common use of Day Rate Clause in Contracts

Day Rate. Monday – Saturday Time and a half for first three hours Double time after first three hours Saturday (seven day shift worker – defined in subclause F16.12) Double time Sunday Double time Public Holiday Time and a half for ordinary/rostered hours for public holiday (in addition to the payment required under subclause F16.3 for the public holiday) Double time and a half for where no ordinary/rostered hours on the relevant day Emergency duty (see clause F13 – Overtime without prior notice) Double time An employee’s hourly rate of pay for the purposes of determining the rates in subclause F.12.7 will include temporary higher duties allowance, but excludes duties-related allowances and shift penalties. An employee must have a meal break after five hours of continuous duty, which includes any regular hours worked directly before the period of overtime. An unpaid meal break within the period of overtime does not disrupt the continuity of duty or eligibility for an overtime meal allowance. Minimum Payments Minimum payments for periods of overtime will apply as follows: Situation Minimum Payment Overtime period is continuous with ordinary or rostered hours No minimum payment Overtime period is not continuous with ordinary or rostered hours and the employee needs to attend the workplace to perform duties Four hours Overtime period is not continuous with ordinary or rostered hours, and employee has no notice of overtime (see clause F13 – Emergency duty) Two hours Overtime period is not continuous with ordinary or rostered hours, and the employee does not need to attend the workplace to perform duties Two hours Employees on restriction duty required to perform overtime: Situation Minimum Payment Where the employee needs to attend the workplace to perform duties Three hours Where the employee does not need to attend the workplace to perform duties One hour Where an employee performs more than one period of overtime in a day, payments (in accordance with subclause F.12.11) will not exceed the payment that would be made if the employee remained on duty from the time of commencing the first period of overtime to the end of any subsequent periods of overtime.

Day Rate. Monday – Saturday Time and a half for first three hours Double time after first three hours Saturday (seven day shift worker – defined in subclause F16.12) Double time Sunday Double time Public Holiday Time and a half for ordinary/rostered hours for public holiday (in addition to the payment required under subclause F16.3 for the public holiday) Double time and a half for where no ordinary/rostered hours on the relevant day Emergency duty (see clause F13 E.7 – Overtime without prior notice) Double time An employee’s hourly rate of pay for the purposes of determining the rates in subclause F.12.7 E.6.6 will include temporary higher duties allowance, but excludes duties-related allowances and shift penaltiesallowances. An employee must have a meal break after five hours of continuous duty, which includes any regular hours worked directly before the period of overtime. An unpaid meal break within the period of overtime does not disrupt the continuity of duty or eligibility for an overtime meal allowance. Minimum Payments Minimum payments for periods of overtime will apply as follows: Situation Minimum Payment Overtime period is continuous with ordinary or rostered hours No minimum payment Overtime period is not continuous with ordinary or rostered hours and the employee needs to attend the workplace to perform duties Four hours Overtime period is not continuous with ordinary or rostered hours, and employee has no notice of overtime (see clause F13 E.7 – Emergency duty) Two hours Overtime period is not continuous with ordinary or rostered hours, and the employee does not need to attend the workplace to perform duties Two hours Employees on restriction duty required to perform overtime: Situation Minimum Payment Where the employee needs to attend the workplace to perform duties Three hours Where the employee does not need to attend the workplace to perform duties One hour Where an employee performs more than one period of overtime in a day, payments (in accordance with subclause F.12.11clause E.6.10) will not exceed the payment that would be made if the employee remained on duty from the time of commencing the first period of overtime to the end of any subsequent periods of overtime. Rest relief after overtime Employees are entitled to a break of at least eight consecutive hours, plus reasonable travelling time, between the time they finished duty (including overtime worked after a period of ordinary duty) and the time they are next required to commence ordinary duty, without loss of pay. Where this break is not possible due to business needs, the employee will be paid at double ordinary time rates for any period of work until an eight-hour break occurs.

Day Rate. Monday – Saturday Time and a half for first three hours Double time after first three hours Saturday (seven day shift worker – defined in subclause F16.12F.17.12) Double time Sunday Double time Public Holiday Time and a half for ordinary/rostered hours for public holiday (in addition to the payment required under subclause F16.3 clause F.17.3 for the public holiday) Double time and a half for where no ordinary/rostered hours on the relevant day Emergency duty (see clause F13 F.14 – Overtime without prior notice) Double time An employee’s hourly rate of pay for the purposes of determining the rates in subclause F.12.7 F.13.7 will include temporary higher duties allowance, but excludes duties-related allowances and shift penalties. An employee must have a meal break after five hours of continuous duty, which includes any regular hours worked directly before the period of overtime. An unpaid meal break within the period of overtime does not disrupt the continuity of duty or eligibility for an overtime meal allowance. Minimum Payments Minimum payments for periods of overtime will apply as follows: Situation Minimum Payment Overtime period is continuous with ordinary or rostered hours No minimum payment Overtime period is not continuous with ordinary or rostered hours and the employee needs to attend the workplace to perform duties Four hours Overtime period is not continuous with ordinary or rostered hours, and employee has no notice of overtime (see clause F13 F.14 – Emergency duty) Two hours Overtime period is not continuous with ordinary or rostered hours, and the employee does not need to attend the workplace to perform duties Two hours Employees on restriction duty required to perform overtime: Situation Minimum Payment Where the employee needs to attend the workplace to perform duties Three hours Where the employee does not need to attend the workplace to perform duties One hour Where an employee performs more than one period of overtime in a day, payments (in accordance with subclause F.12.11clause F.13.11) will not exceed the payment that would be made if the employee remained on duty from the time of commencing the first period of overtime to the end of any subsequent periods of overtime.

Day Rate. Monday – Saturday Time and a half for first three hours Double time after first three hours Saturday (seven day shift worker – defined in subclause F16.12) Double time Sunday Double time Public Holiday Time and a half for ordinary/rostered hours for public holiday (in addition to the payment required under subclause F16.3 for the public holiday) Double time and a half for where no ordinary/rostered hours on the relevant day Emergency duty (see clause F13 – Overtime without prior notice) Double time An employee’s hourly rate of pay for the purposes of determining the rates in subclause F.12.7 F12.7 will include temporary higher duties allowance, but excludes duties-related allowances and shift penalties. An employee must have a meal break after five hours of continuous duty, which includes any regular hours worked directly before the period of overtime. An unpaid meal break within the period of overtime does not disrupt the continuity of duty or eligibility for an overtime meal allowance. Minimum Payments Minimum payments for periods of overtime will apply as follows: Situation Minimum Payment Overtime period is continuous with ordinary or rostered hours No minimum payment Overtime period is not continuous with ordinary or rostered hours and the employee needs to attend the workplace to perform duties Four hours Overtime period is not continuous with ordinary or rostered hours, and employee has no notice of overtime (see clause F13 – Emergency duty) Two hours Overtime period is not continuous with ordinary or rostered hours, and the employee does not need to attend the workplace to perform duties Two hours Employees on restriction duty required to perform overtime: Situation Minimum Payment Where the employee needs to attend the workplace to perform duties Three hours Where the employee does not need to attend the workplace to perform duties One hour Where an employee performs more than one period of overtime in a day, payments (in accordance with subclause F.12.11F12.11) will not exceed the payment that would be made if the employee remained on duty from the time of commencing the first period of overtime to the end of any subsequent periods of overtime. An employee may agree with the Secretary to exchange an overtime payment for time off in lieu of the overtime hours worked, calculated at the relevant overtime rate. Where an employee has requested time off in lieu of overtime payments, the Secretary will determine whether to grant access to time off in lieu in accordance with the criteria set out in subclause G3.2. If an employee and the Secretary cannot accommodate the time off in lieu within a four-week period after the overtime is worked, the employee will be paid the original entitlement, and no time off in lieu will apply. Rest relief after overtime Employees are entitled to a break of at least eight consecutive hours, plus reasonable travelling time, between the time they finished duty (including overtime worked after a period of ordinary duty) and the time they are next required to commence ordinary duty, without loss of pay. Where this break is not possible due to business needs, the employee will be paid at double ordinary time rates for any period of work until an eight-hour break occurs. Subclause F12.15 does not apply to emergency or restricted duty situations, unless the actual time worked, excluding travelling time, is at least three hours on each call. EMERGENCY DUTY (OVERTIME WITHOUT PRIOR NOTICE) This clause F13 will apply where an employee is required to work overtime without receiving prior notice.

Day Rate. Monday – Saturday Time and a half for first three hours Double time after first three hours Saturday (seven day shift worker – defined in subclause F16.12) Double time Sunday Double time Public Holiday Time and a half for ordinary/rostered hours for public holiday (in addition to the payment required under subclause F16.3 for the public holiday) Double time and a half for where no ordinary/rostered hours on the relevant day Emergency duty (see clause F13 E7 – Overtime without prior notice) Double time An employee’s hourly rate of pay for the purposes of determining the rates in subclause F.12.7 E6.6 will include temporary higher duties allowance, but excludes duties-related allowances and shift penaltiesallowances. An employee must have a meal break after five hours of continuous duty, which includes any regular hours worked directly before the period of overtime. An unpaid meal break within the period of overtime does not disrupt the continuity of duty or eligibility for an overtime meal allowance. Minimum Payments Minimum payments for periods of overtime will apply as follows: Situation Minimum Payment Overtime period is continuous with ordinary or rostered hours No minimum payment Overtime period is not continuous with ordinary or rostered hours and the employee needs to attend the workplace to perform duties Four hours Overtime period is not continuous with ordinary or rostered hours, and employee has no notice of overtime (see clause F13 E7 – Emergency duty) Two hours Overtime period is not continuous with ordinary or rostered hours, and the employee does not need to attend the workplace to perform duties Two hours Employees on restriction duty required to perform overtime: Situation Minimum Payment Where the employee needs to attend the workplace to perform duties Three hours Where the employee does not need to attend the workplace to perform duties One hour Where an employee performs more than one period of overtime in a day, payments (in accordance with subclause F.12.11clause E6.10) will not exceed the payment that would be made if the employee remained on duty from the time of commencing the first period of overtime to the end of any subsequent periods of overtime. Rest relief after overtime Employees are entitled to a break of at least eight consecutive hours, plus reasonable travelling time, between the time they finished duty (including overtime worked after a period of ordinary duty) and the time they are next required to commence ordinary duty, without loss of pay. Where this break is not possible due to business needs, the employee will be paid at double ordinary time rates for any period of work until an eight-hour break occurs. Subclause E6.12 does not apply to emergency or restricted duty situations, unless the actual time worked, excluding travelling time, is at least three hours on each call. E7Emergency duty (overtime without prior notice) This clause E7 will apply where an employee is required to work overtime without receiving prior notice. Where an employee is required to attend the workplace in accordance with this clause E7, and the employee is not in receipt of a restriction allowance, the employee will be paid the “Emergency Duty” rate in subclause E6.6 for time worked and reasonable travel time, subject to the minimum payment provided in subclause E6.10. Where an employee can perform overtime under this clause E7 without needing to attend the workplace, the employee will be paid the “Overtime without notice” rate in subclause E6.6 for time worked, subject to subclause E6.10.