24 SALARIES

(a) Subject to any decision of the Australian Industrial Relations Commission to vary the rates specified in an award, adult employees shall be paid an annual salary at the rate or within the range specified in the relevant specific award.

(b) Employees shall be classified in accordance with relevant Work Level Standards where such standards exist.

(c) Subject to any conditions otherwise prescribed, an employee under 21 years of age shall be paid an actual rate of salary, calculated to the nearest dollar, based on the appropriate percentage for the age of the employee of the minimum salary of an adult employee of the same classification.

The appropriate percentage for the age of an employee for relevant classifications are prescribed in Schedule D.

(d) Payment is to be made fortnightly, at the fortnightly equivalent of the annual rates prescribed.

(e) (i) Payment in lieu of recreation leave, including recreation leave loading, and outstanding salary, in respect of an employee who dies may be made to the employee's dependants.

(ii) Where an employee who dies has no dependants, payment in lieu of recreation leave, including recreation leave loading, and outstanding salary, may be made to the legal personal representative of the employee.

25 INCREMENTS OF SALARY

(a) Subject to any special advancement conditions otherwise prescribed, where a scale of rates is applicable to a classification, an employee in receipt of an adult salary rate shall be entitled to annual increments of salary in accordance with that scale.

(b) Subject to this award, an employee is not entitled to receive an increment, until salary has been received without increment for twelve months. Subsequent increments are to be granted on the same basis.

(c) The date on which an increment becomes payable is not affected by any form of paid leave or leave without pay which is deemed to count as service.

(d) An employee who has been absent on leave without pay for a period that forms, or is to be included, as part of service for the purpose of incremental advancement shall be deemed to have received salary during that period and to have received any increments that would have been paid under this clause if salary had been received.

Deferment of Increment

(e) If, having regard to the conduct, diligence, efficiency or attendance for duty of an employee, Australia Post is of the opinion the employee should not immediately receive an increment otherwise payable, Australia Post may direct that the increment not be paid until the expiration of a nominated period, not exceeding six months.

(f) Where Australia Post has given a direction pursuant to sub- clause (e), a copy of that direction together with a statement of reasons for giving it shall be furnished to the employee who, within 14 days of receiving the direction, may appeal to Australia Post against the action taken.

(g) Australia Post, after due inquiry, shall determine any appeal made in pursuance of sub-clause (f).

(h) Where an increment has been deferred, Australia Post may determine that, for the purposes of future advancement, the increment shall be deemed to have been granted from the date on which, but for the deferment, it would have become due.

Provided that, where an increment has been deferred owing to misconduct or inefficiency, the provisions of this sub-clause shall not apply unless the employee's conduct, diligence and efficiency during the ensuing twelve months is reported to be satisfactory.

(i) The date on which an increment becomes payable is affected by leave without pay in excess of one month, unless such leave has been deemed to count as service. Where such leave exceeds in aggregate one month, the increment shall be deferred both actually and nominally for the total period(s) of the leave.

26 SALARY ON PROMOTION

(a) The salary to be paid to an employee on promotion or transfer to a higher position will normally be the minimum rate for that position except that in circumstances involving overlapping salary ranges, the new salary will normally be the next highest salary point in the salary range for the higher position.

(b) Previous service at the level to which the employee is being promoted (or higher levels) shall be taken into account when determining salary on promotion and incremental dates in accordance with the same principles that apply to the assessment of higher duties allowance (HDA). An employee promoted to a position which the employee is occupying on a temporary basis shall not suffer any reduction in remuneration.

27 OVERTIME - GENERAL CONDITIONS

(a) Every employee shall be liable to be called for duty at any time, but is entitled to receive payment in accordance with this clause for authorised duty additional to the normal rostered ordinary hours of duty.

(b) The working of excessive overtime shall be avoided.

(c) An employee's salary for the purpose of computation of overtime shall include higher duties allowance and any other allowance in the nature of salary.

(d) The hourly rate for overtime payment shall be ascertained by the following formulae:-
(A v 313 x 6 v 36.75) x P
Where:
A is the annual salary; and
P is the prescribed rate.

(e) For the purpose of sub-clause (d), the prescribed rates for overtime duty are:

(i) Monday to Friday - 150% for first 3 hours and 200% thereafter
(ii) on public holidays - 250%;
(iii) on Sundays - 200%; and
(iv) on Saturdays -
(1) for non-shiftworkers - 150% for the first three hours and 200% thereafter; and
(2) for shiftworkers - 200%.

(f) For the purpose of this clause a shiftworker means an employee who is rostered on:
(i) alternating or rotating shifts or a constant shift involving regular ordinary duty after 1.00pm on Saturday; or
(ii) a shift which, but for its being worked continuously with the approval of Australia Post or to suit Australia Posts' convenience, would fall within paragraph (i).

(g) Notwithstanding sub-clause (e), an employee, who has been required to perform in addition to the prescribed hours of duty for the week a full day's duty on Sunday, wherever practicable, shall be granted a day off during the 6 days succeeding that Sunday and, in such cases, the payment for Sunday attendance shall be one day's pay.

(h) Except with the approval of Australia Post, the occupants of positions listed in Schedule E shall not be eligible to receive overtime payments or time off in lieu.

(i) In case of an overtime attendance not continuous with ordinary duty, and in circumstances where overtime rates are payable, the payment shall be subject to the minimum overtime payment provisions contained in Clause 29 (Overtime - Minimum Payment).

28 OVERTIME - TIME OFF IN LIEU

(a) By written agreement between management and an individual employee, time off during ordinary working hours shall be allowed in lieu of payment for overtime under this award. Time off in lieu shall be based on the number of ordinary hours equivalent to the appropriate overtime rates for the hours worked.

(b) By mutual agreement between management and the individual employee, the employee may be paid at ordinary rates for the time worked and take time off equivalent to the rate of the residual penalty payment.

(c) Time off in lieu of overtime payment shall be granted and taken as agreed between management and the employee and within agreed time frames. Where it is not practicable for time off to be granted or taken within the agreed time frame, the employee shall be paid for the overtime worked at the prescribed rate of payment.

(d) The operation of this clause shall only apply to employees who are eligible to receive overtime payments in accordance with Clause 27 and engaged in facilities agreed between the parties.

29 OVERTIME - MINIMUM PAYMENT

(a) Subject to this clause, where an employee is required to perform overtime duty, and such duty is not continuous with ordinary duty, the minimum overtime payment payable for each separate overtime attendance shall be for 4 hours at the prescribed overtime rate.

(b) For the purpose of determining whether an overtime attendance is or is not continuous with ordinary duty, or is or is not separate from other duty, meal breaks shall be disregarded.

(c) Where an overtime attendance not continuous with ordinary duty, involves duty both before and after midnight, it shall be regarded as one attendance for minimum payment purposes. Where a higher overtime rate applies on one of the days, the minimum payment shall be calculated at the higher rate.

(d) An employee, who is required to remain contactable and available to perform duty outside ordinary hours of duty and is required to actually perform such duty, shall be paid overtime in accordance with this clause subject to the following minimum payments:

(i) where not recalled to the work place, a minimum payment of 1 hour shall apply; and
(ii) where recalled to the workplace, a minimum payment of 3 hours shall apply.
Provided that where duty is performed more than once, the minimum overtime payment provision shall not operate to increase an employee's overtime remuneration beyond that which would have been received 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.

(e) (i) An employee may be required to perform duty away from the normal work place outside ordinary hours of duty in order to restore essential services in emergency circumstances either by using a remote computer terminal or by providing technical advice over the telephone.
(ii) Where an employee performs duty in accordance with paragraph (e) (i), the minimum payment provision and the proviso applicable to sub-clause (d) (i) shall apply.

(f) The provisions of this clause shall not apply to duty which is covered by Clause 32 (Emergency Duty).

30 OVERTIME MEAL ALLOWANCE

(a) Subject to this clause, an employee who -
(i) after the completion of ordinary duty for the day is required without a meal break to perform extra duties up to or beyond the completion of the next meal period that next occurs after the completion of the ordinary duty; or
(ii) after the completion of ordinary hours of duty for the day, is required to perform duty after a meal break that occurs after that completion and is not entitled to payment for that break; or

(iii) is required to perform extra duty on a day on which the employee was not rostered for ordinary duty and the extra duty extends beyond an unpaid meal break; or
(iv) is required to perform extra duty before the commencement of rostered hours of ordinary duty for the day and an unpaid meal break is granted, shall be paid a meal allowance, in addition to overtime (if any), at the rate shown at Item 2 of Schedule F.

(b) Where a 3 course meal is obtainable by the employee at a canteen, cafeteria or dining room conducted, controlled, or assisted by Australia Post, the amount of meal allowance shall be, in lieu of the amount payable under the last preceding sub-clause the maximum amount for which a 3 course meal is obtainable at the canteen, cafeteria or dining room.

(c) An employee who is required to perform any of the duties specified in paragraphs (a)(ii), (iii) or (iv) shall not be paid a meal allowance unless the person authorising the duty is satisfied by the employee that it is unreasonable to return home for a meal during the meal break.

(d) For the purposes of paragraph (a)(i), meal periods are as follows:-
7.00am to 9.00am; 12 noon to 2.00pm
6.00pm to 7.00pm; and midnight to 1.00am

31 REST RELIEF AFTER OVERTIME

(a) An employee, after the completion of overtime and ordinary duty on one day/shift, shall be given at least 10 consecutive hours off duty, including travelling time, before resuming any duty on the next day/shift. Any absence during ordinary working time which occurs within the 10 hours shall be without loss of salary.

Provided that if such an employee is required by Australia Post to resume or continue work without having had 10 consecutive hours off duty the employee shall be paid at double rates until released from duty for that period, and shall then be entitled to be absent for 10 consecutive hours off duty, without loss of pay for ordinary working time occurring during that absence.

(b) The provisions of sub-clause (a) shall apply to overtime worked in the circumstances covered by Clause 32 (Emergency Duty) only where the actual time worked (excluding travelling time) is at least two hours on each call.

(c) The provisions of this clause shall apply only to employees who are eligible for overtime payment.

32 EMERGENCY DUTY

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 prior to ceasing duty, the employee shall be paid for such emergency duty at the rate of 200%. The time for which payment shall be made shall include time necessarily spent in travelling to and from duty. The minimum payment under this clause shall be for 2 hours at 200%.

33 EXCESS TRAVELLING TIME

(a) An employee who is travelling or on duty away from the employee's head station on days other than Sundays and Public Holidays shall be paid at ordinary rates and, on Sundays and Public Holidays, at time and one half rates for time necessarily spent in travel or on duty (exclusive of overtime duty) in excess of:-
(i) usual hours of duty for the day; and
(ii) the time necessarily elapsing between time of departure from home and commencement of duty at the employee's head station and the time necessarily elapsing between time of ceasing duty at the head station and arrival at home.

(b) Payment shall not be made unless the excess time exceeds:
1/2 hour in any 1 day; or
21/2 hours in any pay period in the case of an employee whose ordinary hours are confined to 5 days of the week, nor shall payment be made for more than 5 hours in any one day.

(c) The term "head station" for the purpose of this clause means:-
(i) for employees who are required ordinarily to work day by day at the same fixed place for work - the place so fixed by Australia Post; and
(ii) for employees whose place of work is variable within a specified district - a place within the district fixed by Australia Post and advised in writing to the employee.

(d) Travelling time shall include:-
(i) the time during which an employee has to wait for change of trains or other scheduled conveyance and/or trains or other scheduled conveyance between the advertised and actual time of departure;
(ii) in the case of an employee not absent from the permanent or temporary head station overnight, the time spent by that employee outside the usual hours of duty for the day in waiting between the time of arrival at the scene of work and the time of commencement of work, and/or between the time of ceasing work and the time of departure of the first available train or other means of conveyance; and
(iii) time spent in travelling on transfer in all cases where transfer expenses are allowed except where the transfer involves promotion which carries increased pay.

(e) Travelling time shall not include:-
(i) time of travelling in which an employee is required to perform any duty while travelling or walking, or cycle or drive a vehicle in which cases the time spent on such activities is regarded as duty; and
(ii) time of travelling by train between 10.30pm and 7am where a sleeping berth is provided on the train, or any time of travelling (day and night) by train from one capital city to another where a sleeping berth is provided.

(f) An employee may be required to work at any place within a district and may be required to proceed direct to that place of work without proceeding to the head station. If the time necessarily spent by an employee in proceeding direct to and returning from such a place of work establishes a claim to payment for excess travelling time, it shall be dealt with under the general provisions of this clause.

(g) The occupants of positions listed in Schedule E shall not be entitled to payment for excess travelling time.

(h) A "day" means from midnight to midnight.

34 SHIFT DUTY

(a) An employee who is rostered to perform and performs ordinary duty on a shift, any part of which falls between the hours of 6pm and 6.30am, shall be paid an additional 15% of salary for that shift.

(b) An employee, who is required to work ordinary hours continuously for a period exceeding 4 weeks on a shift falling wholly within the hours of 6pm and 8am, shall be paid with respect to that shift an additional 30% of salary for that shift.

(c) The additional payment prescribed by this clause shall not be taken into account in the computation of overtime or in the determination of any allowance based upon salary, nor shall it be paid with respect to any shift for which any other form of penalty payment is made under this award.

(d) Additional payment for rostered ordinary duty, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had the employee not been on a management initiated training course or a training course conducted in accordance with the Australia Post Occupational Health and Safety Agreement.

35 SATURDAY ORDINARY DUTY

For all rostered time of ordinary duty performed between midnight on Friday and midnight on Saturday, an employee shall be paid at the rate of 50% additional to the ordinary rate of pay.

36 SUNDAY ORDINARY DUTY

For all rostered time of ordinary duty performed between midnight on Saturday and midnight on Sunday, an employee shall be paid at the rate of single time additional to the ordinary rate of pay.

37 PUBLIC HOLIDAYS

(a) The following days, or such other days as are generally observed in a State, Territory or locality thereof as substitute days which have been enacted, proclaimed or gazetted by authority of the Commonwealth Government, or a State or Territory Government as substitute days, shall be observed as holidays:

1 January;
26 January;
Christmas Day and Boxing Day;
Good Friday and the following Saturday and Monday;
The anniversary of the birthday of the Sovereign;
25 April;
any day or half-day proclaimed by the Governor-General as a day or half-day to be observed as a holiday or half-holiday in the Australian Public Service.

(b) Notwithstanding the provisions of sub-clause (a):
(i) whenever 26 January or the anniversary of the birthday of the sovereign falls on a Sunday, the following Monday shall be observed as the holiday in lieu;
(ii) Whenever 1 January falls on a Saturday or Sunday, the following Monday shall be observed as the holiday in lieu.
(iii) Whenever Christmas Day falls on a Saturday, the following Tuesday shall be observed as the holiday in lieu of Christmas Day and Monday shall be observed as the holiday in lieu of Boxing Day.
(iv) Whenever Christmas day falls on a Sunday, the following Monday shall be observed as the holiday in lieu of Christmas Day and the following Tuesday shall be observed as the holiday in lieu of Boxing Day.
(v) Whenever Boxing Day falls on a Saturday, the following Monday shall be observed as the holiday in lieu.

(c) Where substitution holidays are provided in accordance with the provisions of this clause, the Saturday or Sunday for which substitution is made shall be deemed not to be a holiday, provided that payment in respect of duty performed on 25 December falling on a Saturday or Sunday shall be as prescribed in Clause 38 (Payment for Holiday Duty).

(d) In addition to the days mentioned in sub-clause (a), there shall be observed as a public holiday or half-holiday such day or half-day which has been enacted, proclaimed or gazetted by the authority of the Commonwealth Government or a State or Territory Government to be observed generally by persons throughout a State or Territory or a locality thereof as a holiday, provided that such additional days or half days shall not exceed, in the whole, four days in any period of twelve months commencing on 5 January.