21 - PERFORMANCE OF HIGHER DUTIES

(1) An employee may be called upon to perform temporarily the duties of another employee having a higher classification than their own.
(2) Subject to this clause, an employee who performs all the duties of a higher position shall be paid in respect of the performance of those duties an allowance equal to the amount of the difference between their own salary and the minimum salary of the higher position.
(3) Unless the corporation in special circumstances otherwise determines, an employee who performs the duties of a higher position the minimum salary of which exceeds the salary shown in schedule A for a period of less than one week shall not be paid an allowance, and that period shall not be included in any period of service for the purposes of this clause. Provided that where, on 23 April 1981, a designation came within the eligibility barrier, for the purpose of higher duties for a period of less than one week, then that designation shall retain eligibility, irrespective of subsequent salary movements.

(4) Where an employee who has not attained the age of 22 years performs the duties of a higher position for which rates of salary payable to such an employee are specifically prescribed, they shall be paid an allowance of an amount equal to the difference between the salary rate for their age in their own position and the salary rate for their age in the higher position.
(5) An employee who performs the duties of a higher position for a period of less than one day shall not be entitled to payment for that period and that period shall not be service in the higher position for the purposes of this clause. Provided that where the period involved is of continuous duration of at least one half-day; such period shall be regarded as one full day for the purposes of this clause.
(6) Where an employee temporarily performs the duties of a higher position for a continuous period of more than twelve months after the date on which they first commenced to perform those duties, they may, after the completion of each period of twelve months performance of those duties, be granted increments of allowance of the same amounts as are payable as increments of salary to an employee occupying the higher position.

(7) Where an employee temporarily performs the duties of a higher position in periods that are not continuous but aggregate in the total a period of more than twelve months, they may, at the completion of each such total period of twelve months, be granted an increment of allowance of the same amount as is payable as an increment of salary to an employee occupying the higher position if:
(a) in the case of the first increment, the total period of twelve months performance of higher duties is completed within the period of 24 months that immediately precedes that completion; and
(b) in the case of any subsequent increment, the total requisite period of performance of higher duties is completed within the period of time equal to twice the total period of performance of duties of the higher position that immediately precedes that completion.
(8) For the purposes of the last two preceding subclauses, performance of the duties of another position having the same classification as, or a higher classification than, the higher position shall be deemed to be performance of the duties of the higher position.

(9) Paragraph (7)(b) does not operate so as to authorise the grant of an increment to an employee unless they have received the first or a subsequent increment in the allowance payable under this clause for a period of twelve months.
(10) Where an employee who is performing the duties of a higher position is permanently promoted to that position, they shall not suffer any reduction in their remuneration, and they may receive the same increments as if they had, during the period of their temporary service in the higher position, been the permanent occupant of that position.
(11) Where an employee is permanently promoted to a position and, prior to their promotion, has performed the duties of a higher position of the same classification as the position to which they are promoted but is not performing those duties when they are promoted, the period for which they performed those duties shall be taken into account for the purposes of their incremental advancement in the same manner as it would have been taken into account under subclause (6) if they had not been promoted.

(12) Where an employee who is or has been performing the duties of a higher position is promoted to a position which is of lower classification than the position the duties of which they are or have been temporarily performing, their remuneration upon promotion shall be the same as the remuneration which they would have received had this period of service in the higher position been service in the position of lower classification.
(13) Where an employee performs the duties of a higher position and is in receipt of a salary above the minimum salary payable to the occupant of the higher position, they shall, upon commencing to perform the duties of the higher position, be paid such allowance as will cause their total remuneration to be the same as that which would have been payable under the provisions of the Telecommunications Staff By-laws as preserved by the general determination if they had been promoted to the higher position.

(14) Where an employee temporarily performs the duties of a position the conditions of service of which differ from those of the position normally occupied by the employee, they shall be subject to the first-mentioned conditions as though they were the permanent occupant of the position.
(15) Where an employee temporarily performs the duties of a higher position the maximum salary of which, including allowances in the nature of salary, is not less than the salary shown in schedule A the preceding provisions of this clause do not apply, but the employee may be paid in respect of the performance of those duties an allowance of such amount, and subject to such conditions, as the corporation determines.
(16) Where an employee temporarily performing the duties of a higher position does not perform all the duties of that position, they may be paid in respect of the performance of those duties an allowance of such amount; and subject to such conditions, as the corporation determines.

(17) An allowance granted under this clause shall be regarded as salary for the purposes of calculating travelling and meal allowances and payment for extra duty service and excess travelling time.
(18) An employee who at the time of proceeding on approved leave with pay (which does not include long service leave but is deemed to include public holidays) was in receipt of an allowance determined in accordance with this clause, shall continue to be paid such an allowance to the extent that the corporation certifies that the allowance would have been paid but for the grant of the leave:
Provided that:
(a) Where the leave is less than leave on full pay, payment of the allowance shall be made on a pro rata basis.
(b) Where an employee has received an allowance in respect of acting in an unbroken service of higher positions up to the time of proceeding on leave with pay, they shall continue to receive an allowance during the leave to the extent that the corporation certifies that the allowance would have been paid in respect of acting in any one of those positions but for the grant of leave.
(c) Where an employee who has performed higher duties in an isolated district for at least twelve months in the preceding two years is in receipt of higher duties allowance in that district at the date of commencing recreation leave and is not returning to the isolated district at the conclusion of that leave, the allowance shall be continued during that recreation leave.

(19) Where higher duties allowance payments are included in leave with pay in accordance with subclause (18), the leave periods in respect of which the payments are included shall be service in the relevant higher positions for the purposes of the granting of increments in accordance with this clause.

22 - ON-CALL AND STAND-BY

(1) (a) An employee shall be liable to be required, outside their ordinary hours of duty, to hold themselves in readiness to perform extra duty subject to payment for any such requirement under the conditions set out in this clause.
(b) Subject to the approval of the corporation an employee who is placed in any one of the following specified categories of restriction situations outside their ordinary hours of duty shall receive payment in accordance with the provisions of this clause:

On-call
(A) An employee is instructed, prior to ceasing duty, that they are or may be required to attend for extra duty some time before their next normal time of commencing duty and that they are to be contactable and available to return to duty without delay or within a reasonable time of being recalled.

Stand-by
(B) An employee is instructed, prior to ceasing duty, that they are or may be required to attend for extra duty some time before their next normal time of commencing duty and that they are to remain at their home and be available for immediate recall to duty.

Home duty officer
(C) An employee is required to stand-by at their home to perform intermittent duties at home on an ad hoc or predetermined basis normally involving receiving and/or making telephone calls, and may also be required to be available for immediate recall to duty.

Passive duty
(D) An employee is instructed to remain in attendance at their place of employment outside their ordinary hours of duty until released or required to perform duty, and is not provided with accommodation and amenities for sleeping (if attendance is overnight) and for other personal activities.

Duty officer
(E) An employee is required to remain in attendance at their place of employment overnight and/or over a non-working day, and may be required to perform certain tasks periodically or on an ad hoc basis, but is provided with appropriate facilities for sleeping if attendance is overnight and for other personal activities.
(c) No payment shall be made to an employee under this clause for a period of restriction in respect of any part of which the employee does not hold themselves at the required degree of readiness to perform extra duty or does not observe the instruction of the corporation as to restrictions outside their ordinary hours of duty.

(2) The rate of payment that shall be made to an employee in any one of the respective categories of restriction situations specified in subclause (1) hereof is:

On-call
(A) As shown in schedule C.

Stand-by
(B) Half the employee's ordinary rate of salary for the proportion of the period of stand-by calculated in accordance with the provisions of subclause (3).

Home duty officer
(C) Three quarters of the employee's ordinary rate of salary (or such proportion of their salary as is determined by the corporation but not less than half or more than single ordinary time) for the proportion of the period of stand-by in accordance with the provisions of subclause (3), provided that payment in respect of periods as home duty officer on Sundays and public holidays shall be at the rates of:
(i) Sundays - single ordinary rate of salary.
(ii) Public holidays - single time plus a quarter of the employee's ordinary rate of salary.

Passive duty
(D) Single ordinary rate of salary for the period of passive duty:
Provided that payment in respect of passive duty on Sundays and public holidays shall be at the rates of:
(i) Sundays - single time plus one third of the employee's ordinary rate of salary.
(ii) Public holidays - single time plus two thirds of the employee's ordinary rate of salary.

Duty officer
(E) (i) Where overtime performed while rostered as duty officer is paid for as overtime - at the rate prescribed herein in respect of (D) - Passive duty, for the proportion of the period of duty officer calculated in accordance with the provision of subclause (3).
(ii) Where overtime performed whilst rostered as duty officer is not paid for as overtime - single time plus a quarter of the employee's ordinary rate of salary (or such proportion of their salary as is determined by the corporation but not less than single time or more than single time plus a half) for the proportion of the rostered period as duty officer calculated in accordance with the provisions of subclause (3). Provided that payment in respect of such periods of duty officer on Sundays and public holidays shall be at the rates of:
(a) Sundays - single time plus two thirds of the employee's ordinary rate of salary.
(b) Public holidays - double the employee's ordinary rate of salary.

(3) For the purposes of subclause (2), payment of the rates for paragraphs (B), (C) and (E) shall only be made for:
(i) Three quarters of that part of the period of restriction which occurs on any day within the first fourteen hours after the employee's normal commencing time or ordinary duty, or after the time at which they last commenced ordinary duty, whichever is the later; and
(ii) one quarter of any period of restriction occurring in any 24 hour period outside the fourteen hours referred to in (i).
Any part of a period of restriction in respect of which the employee receives payment under provisions other than those in this clause, e.g. overtime or excess travelling time provisions, shall not be included in the period of restriction for purposes of calculating payments under this clause.

(4) Payment under this clause shall be subject to the following conditions:
(i) The form of restriction is imposed by the previous direction of the corporation or employee so authorised, or (if the circumstances do not permit of previous direction) is subsequently approved in writing by the corporation or employee so authorised;
(ii) payments shall be made under the conditions prescribed by the corporation where not inconsistent with this clause;
(iii) except with the approval of the corporation, the occupants of positions, which are not eligible for payment in accordance with subclause 10(6) of this award shall not be eligible to receive payment under this clause.

(5) Payment for (B), (C), (D) or (E) shall be subject to the following conditions:
(i) An employee's salary for the purpose of computation of payment shall include higher duties allowance in the nature of salary;
(ii) payment shall be calculated to the nearest quarter of an hour of the total period of restriction to be paid for in each fortnightly period;
(iii) the hourly rate of payment shall be ascertained by applying the following formula:

Annual Salary          x                  6      x         Rate of payment
     313          Prescribed weekly hours prescribed in
                  before overtime is subclause (2) payable