19 - SHIFT DUTY

(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.

20 - EMERGENCY DUTY

(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.

21 - EXCESS TRAVELLING TIME

(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 12(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.

22 - MEAL ALLOWANCE

(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) [inserted V012 20Jun91] 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.

23 - 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 officer 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.

24 - 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 subsequent- ly 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 12(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 payable    subclause (2)