TELSTRA CORPORATION
GENERAL CONDITIONS OF EMPLOYMENT AWARD 1998
11 - OVERTIME - MINIMUM PAYMENT
(1) 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 four hours at the prescribed overtime rate.
(2) 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 shall be
disregarded.
(3) Where an overtime attendance not continuous with ordinary duty, involves duty
both before and after midnight, the minimum payment provisions of this clause shall 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 shall be calculated at the higher rate.
(4) The provisions of this clause shall apply to overtime duty performed by
employees whilst in any restriction situation specified in clause 22 of this award except
passive duty or duty officer, provided that:
(a) The minimum overtime payment payable should be for three hours (in lieu
of four hours as prescribed in subclause (1) of this clause); and
(b) Where more than one attendance is involved, the minimum overtime
payment provision shall, (subject to a minimum payment of three hours) not
operate to increase an employee's overtime remuneration beyond that to
which they would have been entitled had they remained on duty from the
commencing time of duty on one attendance to the ceasing time of duty on a
subsequent attendance.
(5) The provisions of this clause shall not apply to duty which is covered by clause 18
of this award.
(1) Subject to this clause, for rostered holiday duty which is not in excess of the
prescribed weekly hours, an employee shall be entitled to extra payment at the rate of time
and a half for the actual time worked on the holiday.
(2) The minimum extra payment payable under subclause (1) of this clause for each
separate attendance shall be for four hours in the case of employees who are not in any
restriction situation specified in clause 22 of this award.
(3) The minimum extra payment payable under subclause (1) of this clause for each
separate attendance shall be for three hours in the case of employees who are in any
restriction situation specified in clause 22 of this award other than passive duty or duty
officer.
Provided that where more than one attendance is involved, the minimum payment
provision shall (subject to a minimum payment of three hours), not operate to increase an
employee's extra remuneration beyond that to which they would have been entitled had they
remained on duty from the commencing time of duty on one attendance to the ceasing time of
duty on a subsequent attendance.
(4) For the purposes of the foregoing subclauses of this clause:
(a) duty broken by a meal period shall not constitute more than one attendance;
and
(b) the minimum extra payment shall not be applicable to holiday ordinary duty
which, disregarding meal periods, is continuous with ordinary duty
occurring on the day preceding or on the day succeeding the holiday.
(5) For holiday duty (other than rostered duty) which is not in excess of the
prescribed weekly hours, an employee shall be entitled to extra payment as prescribed in the
foregoing subclauses of this clause.
(6) Overtime worked on a public holiday shall be paid at the rate of two and a half
times the employee's annual salary rate, subject to the limitations set out in clause 10 of this
award.
Provided that in the case of a holiday overtime attendance not continuous with ordinary
duty, the payment so resulting shall be subject to the minimum overtime payment provisions
contained in clause 11 of this award.
(7) Except with the approval of the corporation, the provisions of subclauses (5) and
(6) shall not apply to the occupants of positions which are not eligible for payment in
accordance with subclause 10(6).
(8) Where, in a cycle of shifts on a regular roster, an employee is required to perform
rostered duty on each of the days of the week, that employee shall, in respect of a public
holiday which occurs on a day on which they are rostered off duty, be granted, if practicable,
within one month after the holiday, a day's leave in lieu of that holiday.
(9) Where in any case, it is not practicable to grant a day's leave in pursuance of
subclause (8) the employee shall be paid, in its stead, one day's pay at the ordinary rate.
(10) For the purpose of this clause a holiday means a holiday as prescribed in or
authorised or appointed by the corporation under a Determination issued by the Corporation.
Subject to this clause, for duty performed on 25 December an employee shall be entitled
to payment as prescribed in clause 12 of this award.
Provided that where 25 December falls on a Sunday and another day is substituted as a
holiday for 25 December as preserved by the transition arrangements then an employee who
works on 25 December shall not be paid at the holiday rate on the said substituted day if they
work on that day. The payment for duty on the said substituted day shall be in accordance
with clause 14 of this award.
Provided further that where 25 December falls on a Saturday and another day is
substituted as a holiday for 25 December, then an employee who works on 25 December shall
not be paid at the holiday rate on the said substituted day if they work on that day. The
payment for duty on the said substituted day shall be in accordance with clause 15 or clause
16 of this award as appropriate.
(1) For Sunday duty not in excess of the prescribed weekly hours, payment shall be
made at the rate of single time additional to the ordinary rate of pay.
(2) Overtime worked on a Sunday shall be paid for at the rate of double time provided
that in the case of a Sunday overtime attendance not continuous with ordinary duty, the
payment so resulting shall be subject to the minimum overtime payment provision contained
in clause 11 of this award.
(3) An employee who has been required to perform in addition to their prescribed
hours of duty for the week a full day's duty on Sunday shall, wherever practicable, be granted
a day off during the six days succeeding that Sunday, and in such cases, the payment for
Sunday attendance shall be one day's pay.
(4) If an employee who is required to attend for duty on Sunday has conscientious
scruples against Sunday duty, they may apply for permission to furnish a substitute.
(5) Notwithstanding anything contained elsewhere in this clause, the occupants of
positions which are not eligible for payment in accordance with subclause 10(6), shall not,
except with the approval of the corporation, be entitled to receive payment for, or a period off
duty in respect of, overtime duty performed on a Sunday.
(6) Sunday pay shall be granted for any scheduled duty performed between midnight
on Saturday and midnight on Sunday.
(7) Additional payment for duty not in excess of prescribed weekly hours, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave.
15 - PAYMENT FOR SATURDAY DUTY - SHIFT WORKERS
(1) For all rostered time of ordinary duty performed between midnight on Friday and midnight on Saturday by an employee to whom this clause applies, payment shall be made at the rate of half-time additional to their ordinary rate of pay.
(2) The provisions of this clause shall apply to an employee who performs duty on:
(a) Alternating or rotating shifts involving the performance of rostered duty:
(i) Commencing before 6.30 a.m. or terminating after 6.30 p.m. or at or
before 8.00 a.m. Monday to Friday; or
(ii) terminating at or before 8.00 a.m. or after 1.00 p.m. on Saturday; or
(b) a constant shift involving the regular performance of ordinary duty after
1.00 p.m. on Saturday; or
(c) a shift which, but for its being worked continuously with the approval of the
corporation or to suit corporation convenience, would fall within the terms
of paragraph (a).
(3) For overtime duty performed on a Saturday, payment shall be made at the rate of
double time.
Provided that, in the case of a Saturday overtime attendance not continuous with
ordinary duty, the payment so resulting shall be subject to the minimum overtime payment
provisions contained in clause 11 of this award.
(4) The period for which the additional payment prescribed by this clause shall be
paid, shall be calculated to the nearest quarter of an hour of the total amount to be claimed in
each fortnightly period.
(5) In any locality where a day other than Saturday is observed as the weekly half-
holiday, such other day shall be substituted for Saturday in the application of this clause.
(6) Additional payment for rostered time of ordinary duty, as provided by this clause, shall be made in respect of any such duty which an employee would have performed had they not been on approved recreation leave.
16 - PAYMENT FOR SATURDAY DUTY - OTHER THAN SHIFT WORKERS
(1) Except as provided in subclause (2), for all rostered time of ordinary duty
performed on a Saturday, payment shall be made at the rate of 40 per cent additional to the
ordinary rate of pay.
(2) The provisions of this clause shall not apply to duty which is covered by clause 15
of this award.
(3) The period for which the additional payment prescribed by this clause shall be
paid, shall be calculated to the nearest quarter of an hour of the total amount to be claimed in
each fortnightly period.
(4) In any locality where a day other than Saturday is observed as the weekly half-
holiday, such other day shall be substituted for Saturday in the application of this clause.
(5) Additional payment for rostered time of ordinary duty, as provided by this clause,
shall be made in respect of any such duty which an employee would have performed had they
not been on approved recreation leave.
(1) An employee who is rostered to perform and performs ordinary duty on a shift,
any part of which falls between the hours of 6.00 p.m. and 6.30 a.m. shall be paid an
additional fifteen per cent of their salary for that shift.
(2) Where an employee is required to work their ordinary hours continuously for a
period exceeding four weeks on a shift falling wholly within the hours of 6.00 p.m. and 8.00
a.m., they shall be paid with respect to that shift an additional 30 per cent of their salary for
that shift.
(3) 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 or under the provisions of the general determination.
(4) The period for which the additional payment prescribed by this clause shall be
paid, shall be calculated to the nearest quarter of an hour of the total amount to be claimed in
each fortnightly period.
(5) Additional payment for ordinary duty, as provided by this clause, shall be made in
respect of any such duty which an employee would have performed had they not been on
approved recreation leave.
(1) Where an employee is called on duty to meet an emergency at a time when they
would not ordinarily have been on duty, and no notice of such call was given them prior to
their ceasing duty on their ordinary shift, they shall be paid for such emergency duty at the
rate of double time. 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 three
hours at double time.
(2) Where, in the opinion of the officer-in-charge, it is essential in the interests of
health that respite from work be granted to an employee who has been called up for
emergency duty, the employee may be relieved from duty on their next regular shift, without
deduction from their wages, for a period not exceeding the number of hours of extra duty
worked. In no case shall the period of relief from duty extend into a second rostered tour of
duty.
(3) This clause shall not apply to employees whose duty for the day is varied by
alteration of the commencement of the scheduled shift to meet an emergency.
(1) An employee who is travelling or on duty away from their usual station shall be
paid at ordinary rates on days other than Sundays and public holidays and at time and one-half
rates on Sundays and public holidays subject to the limitations hereafter stated, for time
necessarily spent in travel or on duty (exclusive of overtime) in excess of:
(a) their usual hours of duty for the day; and
(b) the time necessarily elapsing between time of departure from home and
commencement of duty at their usual station and the time necessarily
elapsing between time of ceasing duty at their usual station and arrival at
home; provided that in the case of employees referred to in paragraph (3)(b)
hereunder, a minimum time of twenty minutes each way shall apply.
(2) Payment shall not be made unless the excess time exceeds:
(a) Half an hour in any one day; or
(b) three hours in any pay period in the case of an employee who performs
rostered ordinary duty on six days of the week; or
(c) Two and a half hours in any pay period in the case of an employee whose
ordinary hours are confined to five days of the week.
(d) Nor shall payment be made for more than five hours in any one day.
(3) The term "usual station" for the purpose of this clause means:
(a) For employees who are required ordinarily to work day by day at the same
fixed place for work - the place so fixed by the corporation.
(b) For employees whose place of work is variable within a specified district - a
place within the district fixed by the corporation or by an employee
authorised by the corporation to do so.
(4) Travelling time shall include:
(a) 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;
(b) In the case of an employee not absent from his/her permanent or temporary
headquarters 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.
(c) Time spent in travelling on transfer in all cases where transfer expenses are
allowed except where the transfer involves promotion which carries
increased pay.
(5) Travelling time shall not include:
(a) Time of travelling in which an employee is required to perform any duty
while travelling or walking, or to ride a horse or cycle or drive a vehicle or
work a railway pump car. Care of kit is not duty within the meaning of this
paragraph.
(b) Time of travelling by ship on which accommodation and meals are
provided.
(c) Time of travelling by train between 10.30 p.m. and 7.00 a.m. 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.
(6) Employees in camping parties shall not be entitled to payment for excess
travelling time, but shall be required to travel from camp to the locality of their work within
the prescribed hours of duty, returning from the locality of the work to the camp in their own
time after the hour of ceasing duty, or vice versa, as agreed upon with the employee.
(7) An employee may be required to work at any place within the district and may be
required to proceed direct to that place of work without proceeding to their usual 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.
(8) Notwithstanding anything contained elsewhere in this clause, the occupants of
positions which are not eligible for payment in accordance with subclause 10(6) shall not be
entitled to payment for excess travelling time.
(9) A "day" means from midnight to midnight.
(10) In any case where this clause and a clause in an individual award of the Australian
Industrial Relations Commission affecting corporation employees governing the payment of
allowances for suburban relief duty or racecourse duty are applicable, payment shall not be
made under more than one of those clauses.
(11) Employees who occupy positions of Manager or Executive will not be eligible for
payment of excess travelling time.
(1) Subject to this clause, an employee who:
(a) After the completion of their ordinary duty for the day is required without a
break for a meal to perform extra duties up to the completion of or beyond
the meal period next occurring after the completion of that ordinary duty;
(b) is required, after the completion of their ordinary hours of duty for the day,
to perform duty after a break for a meal which occurs after that completion
and is not entitled to payment for that break; or
(c) is required to perform extra duty after two o'clock in the afternoon on a
Saturday (or the day normally allowed to them as the weekly half-holiday)
after a meal break and is not entitled to payment for that meal break; or
(d) is required to perform duty on a Sunday or public holiday (in addition to
their normal weekly hours of duty) extending beyond a meal break and is
not entitled to payment for that meal break;
(e) is required to perform duty prior to the commencement of their ordinary
duty will be granted a break for a meal but will not be entitled to payment
for the break.
shall be paid a meal allowance, in addition to overtime (if any) at the rate shown in schedule
B.
(2) Where a three course meal is obtainable by the employee at a canteen, cafeteria or
dining room conducted, controlled, or assisted by the corporation or the Australian
Government, the amount of meal allowance shall, in lieu of the amount payable under the last
preceding subclause be the maximum amount for which a three course meal is obtainable at
the canteen, cafeteria or dining room.
(3) An employee who is required to perform any of the duties specified in paragraphs
(b), (c) or (d) of subclause (1) shall not be paid a meal allowance unless they have satisfied
the employee authorising the duty that they cannot reasonably be expected to return to their
home or lodgings for a meal between the time at which they cease duty before the meal and
the time at which they are required to commence duty after the meal.
(4) For the purposes of paragraph (a) of subclause (1) a meal hour shall mean the
following periods:
7.00 a.m. to 9.00 a.m.; 12 noon to 2.00 p.m.;
6.00 p.m. to 7.00 p.m.; and midnight to 1.00 a.m.
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